New 9th circuit arbitration decision

Last Wednesday, the Ninth Circuit issued a 2-to-1 decision in Rittman v. Amazon, holding that Amazon "last-mile" delivery drivers are transportation workers engaged in interstate commerce under 9 U.S.C. § 1 and, therefore, are exempt from the Federal Arbitration Act's enforcement provisions. As law prof Adam Steinman explains here, Rittman follows a recent decision from the […]

States challenge FDIC rule that allows lenders to bypass state interest-rate caps

Eight state attorneys general today filed a lawsuit challenging a new Federal Deposit Insurance Corporation rule that creates a loophole allowing predatory lenders to evade state laws that forbid excessive interest-rate charges. From the California attorney general's press release: "These caps on interest rates play a critical role in regulating payday loans and other high-cost […]

Choi & Spier on the economics of class action waivers

Albert H. Choi of Michigan and Kathryn E. Spier of Harvard have written The Economics of Class Action Waivers. Here is the abstract: Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and three recent US Supreme Court cases, Concepcion, Italian Colors, and Epic […]

Online Program: The Racial Wealth Gap: Lending, Credit, and Other Disparities

Cheryl Wade, author of Predatory Lending and The Destruction of the African American Dream, Sarah Ludwig, Executive Director, New Economy Project, and Cathi Kim, Director, Inclusiv/Capital will speak on Thursday, August 13 at 7 pm EDT. Attendance is free but registration is required. The registration link is at https://docs.google.com/forms/d/e/1FAIpQLScxTjViodwGaNG03Q1kEqD85DvhpkNxYbpp968QVzMD9mkrTQ/viewform.

Further pursuit of trolling by Higbee and Associates

by Paul Alan Levy In past blog posts, I have discussed our efforts to persuade the copyright enforcement law firm headed by Mathew Higbee to concentrate its efforts to pursue copyright infringement claims on behalf of its photographer clients on cases where it has reasonable claims of infringement by actual Internet users who put up […]

Neil Sobol’s Survey of Law Schools Offering Consumer Law Courses

Guest post by Neil Sobol: As part of an article in which I advocate for the incorporation of consumer law issues in first-year law classes, I requested my research assistant, Spencer Lockwood, to update the consumer law offerings chart reported in  Jeff Sovern's post in 2019. Spencer surveyed 201 ABA accredited law schools via their websites. He organized […]

The next coronavirus relief bill and tort deform

Law prof Daniel Hemel (@DanielJHemel) has posted a detailed series of tweets skewering the tort-deform provisions in the Republican-sponsored coronavirus relief bill. I recommend reading these tweets. Hemel begins with the statement that "[t]he liability provisions in McConnell’s 'HEALS Act' do not reflect a serious attempt to address problems with the tort system" and then […]

MCConnell’s Orwellian attempt to block a non-existent tidal wave of litigation by consumers against businesses by contributing to a tidal wave that does exist–of cases by businesses against consumers

by Jeff Sovern Not only does McConnell's coronavirus bill make it much harder for consumers to sue businesses that carelessly infect them with the virus, it also makes it much easier for businesses to sue consumers suffering from COVID. Suppose a consumer sends a letter asking for help with medical bills to a business that […]

Online Event Open to All: Racism, Renting, and Redlining: A Conversation on Housing Discrimination & Its Impact on Economic Injustice

In solidarity with the protests that have initiated a national conversation on institutional racism, the St. John’s Law School Student Chapter of the National Association of Consumer Advocates is hosting a two-part online discussion on discrimination in the context of economic justice. Our first conversation will focus on the housing discrimination that continues to harm […]