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Brian Wolfman
Recent Activity
I know little of economics but I've frequently said to myself (and occasionally to colleagues and clients) that, all other things equal, the defendant generally benefits from delay, and the plaintiff, wanting to see some cash, rarely so. But what... Continue reading
Posted yesterday at CL&P Blog
In today's decision in Hagy v. Demers & Adams, the Sixth Circuit held that a bare allegation that a debt collector's letter that fails to say it's "from a debt collector" as required by the Fair Debt Collection Practices Act,... Continue reading
Posted Feb 16, 2018 at CL&P Blog
The decision is Tatis v. Allied Interstate. Applying the "least sophisticated consumer" standard and following decisions of the Fifth, Sixth, and Seventh circuits, the court summarizes its decision this way: This appeal arises under the Fair Debt Collection Practices Act... Continue reading
Posted Feb 13, 2018 at CL&P Blog
Law prof Cynthia Estlund has written on that topic in The Black Hole of Mandatory Arbitration. Here's the abstract: What is the impact of mandatory arbitration agreements (MAAs) in employment? It is now several decades since the Supreme Court gave... Continue reading
Posted Feb 12, 2018 at CL&P Blog
In this article, Reuters reporter Patrick Rucker explains that "Mick Mulvaney, [Trump's interim] head of the Consumer Financial Protection Bureau, has pulled back from a full-scale probe of how Equifax Inc failed to protect the personal data of millions of... Continue reading
Posted Feb 5, 2018 at CL&P Blog
In Devlin v. Scardelletti, the U.S. Supreme Court held that a class-action objector may appeal a district court's approval of a class-action settlement under Federal Rule of Civil Procedure 23 without first intervening. Today, the California Supreme Court rejected that... Continue reading
Posted Jan 29, 2018 at CL&P Blog
That's the title of this Chicago-Sun Times editorial. Continue reading
Posted Jan 28, 2018 at CL&P Blog
Law prof Ted Afield has written Compromising Student Loans, which explains why, in Afield's view, our student-loan programs do not properly assess a borrower's ability to pay back the loan. He also proposes a repayment program that he thinks would... Continue reading
Posted Jan 17, 2018 at CL&P Blog
And would correcting these inefficiencies reduce income and wealth inequality? Read Consumer Law As Tax Alternative by Rory Van Loo to try to find out. Here's the abstract: The law and economics paradigm has traditionally emphasized tax and transfer as... Continue reading
Posted Jan 11, 2018 at CL&P Blog
That's the title of this opinion piece in the American Banker by William D. Gunter, former U.S. congressman and a former Florida state treasurer and insurance commissioner. Continue reading
Posted Jan 9, 2018 at CL&P Blog
Take a look at the complaint in Communications Workers of America v. T-Mobile US, Inc., et al., No. 17-cv-07232 (N.D. Cal.). It's a plaintiffs' class action naming a defendant class of hundreds of companies that have allegedly used recruitment ads... Continue reading
Posted Dec 21, 2017 at CL&P Blog
Tax reform was going to be tax simplification. Tax returns on post cards. Right. Read this piece by John Cassidy explaining that besides its "unfairness" and "corrupt nature," [w]hat isn’t yet fully appreciated" about the Trump tax legislation is how... Continue reading
Posted Dec 20, 2017 at CL&P Blog
Microsoft says it is "eliminating a requirement that employees pursue sexual harassment and gender bias claims through arbitration instead of in court, after revelations this year of improper behavior across technology, entertainment and other industries." The company is also "supporting... Continue reading
Posted Dec 19, 2017 at CL&P Blog
In early October of this year, the Consumer Financial Protection Bureau finalized its payday loan rule. In a press release, the agency described the rule's benefits this way: The CFPB rule aims to stop debt traps by putting in place... Continue reading
Posted Dec 19, 2017 at CL&P Blog
Is this coincidence or self-dealing by our despicable president? It's actually hard to know. David Sirota and Josh Keefe report that Republican congressional leaders and real estate moguls could be personally enriched by a real-estate-related provision GOP lawmakers slipped into... Continue reading
Posted Dec 16, 2017 at CL&P Blog
Allison recently posted about the Trump administration's decision to rescind a Department of Transportation proposal requiring airlines to disclose baggage fees at the start of a ticket purchase. Two things that consumers can do. First, Kayak has what looks like... Continue reading
Posted Dec 14, 2017 at CL&P Blog
Read this article on the topic by Kate Berry. The Hill has coverage too. Update: Read the AG's letter. Continue reading
Posted Dec 13, 2017 at CL&P Blog
Yesterday, in Rodriguez-Depena v. Parts Authority, Inc., the U.S. Court of Appeals for the Second Circuit held that wage-and-hour claims under the Fair Labor Standards Act (FLSA) can be forced into binding arbitration under a pre-dispute arbitration agreement. The court... Continue reading
Posted Dec 12, 2017 at CL&P Blog
In Desrosiers v. Perry Ellis Menswear, the New York Court of Appeals held today that, under New York state procedural law, all members of a putative, uncertified class must be notified of settlement or dismissal. (Since 2003, under Federal Rule... Continue reading
Posted Dec 12, 2017 at CL&P Blog
As we enter into the holiday season's orgy of consumerism, you will want to avoid buying toys that risk killing or maiming kids. U.S. PIRG has published it's 32nd annual toy safety report, Trouble in Toyland, to help you do... Continue reading
Posted Dec 12, 2017 at CL&P Blog
Many flood-damaged cars are all over the country in light of hurricanes Harvey and Irma, and some of them are being foisted on unsuspecting consumers. The Consumer Federation of America has some tips to avoid being duped. Continue reading
Posted Dec 12, 2017 at CL&P Blog
Read The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the New Legislation, by 13 tax law scholars/practitioners. Here is the abstract: This report describes various tax games, roadblocks, and glitches in the tax legislation currently before Congress.... Continue reading
Posted Dec 12, 2017 at CL&P Blog
Take a look at the Ninth Circuit's decision today in Roberts v. AT&T Mobility. Here's the court's description of the dispute: Plaintiffs—AT&T customers and putative class representatives—contracted with AT&T for wireless data service plans. Their contracts included arbitration agreements. Plaintiffs... Continue reading
Posted Dec 11, 2017 at CL&P Blog
Law profs Andrew Bradt and D. Theodore Rave have written Aggregation on Defendants' Terms: Bristol-Myers Squibb and the Federalization of Mass Tort Litigation. Here is the abstract: Although it is destined for the personal-jurisdiction canon, the Supreme Court’s 8-1 decision... Continue reading
Posted Dec 11, 2017 at CL&P Blog
We do consumer law and policy here. Most of what we discuss is about laws and policies that will help or hurt consumers in this or that fairly modest way. But the tax bills passed by the House and Senate,... Continue reading
Posted Dec 3, 2017 at CL&P Blog