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Brian Wolfman
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The Seventh Circuit today decided Collins v. Village of Palatine about when class-action tolling under the American Pipe doctrine stops. Here's the court's answer: When a plaintiff files a complaint on behalf of a proposed class, the statute of limitations... Continue reading
Posted 4 days ago at CL&P Blog
The complaint makes class claims under California's consumer protection laws and for assault and battery. The beginning of the complaint provides an overview: I. Uber will stop at no lengths to make a profit. 2. Since Uber launched in 2010,... Continue reading
Posted 5 days ago at CL&P Blog
That's the topic of this piece by Jacklyn Willie (possibly behind a pay wall) which discusses this Chamber of Commerce amicus brief filed in an important Ninth Circuit appeal. The suit was filed against the University of Southern California by... Continue reading
Posted Nov 8, 2017 at CL&P Blog
The Consumer Financial Protection Bureau today published these tips for service members with student debt. Continue reading
Posted Nov 6, 2017 at CL&P Blog
It's often said that a class action makes sense as a tool for aggregating negative-value claims (claims that even if litigated successfully on an individual basis result in a loss to the plaintiff). In Deterrence and Aggregate Litigation, law prof... Continue reading
Posted Nov 6, 2017 at CL&P Blog
Larry Kirsch and Gregory Squires have written Meltdown: The Financial Crisis, Consumer Protection, and the Road Forward. Here's how the authors describe the book's 5 key features: Presents the first comprehensive examination of the CFPB that identifies its successes during... Continue reading
Posted Nov 6, 2017 at CL&P Blog
In a decision penned by circuit judge Jeffrey Sutton, Roberts v. Mars Petcare US, Inc., No. 17-6122 (6th Cir. Nov. 2, 2017), the Sixth Circuit has held that there's no federal jurisdiction under the Class Action Fairness Act when a... Continue reading
Posted Nov 2, 2017 at CL&P Blog
Read Heading off a Cliff? by law prof Michael Gratz and then decide. It's concise and really worth reading. Here's the abstract: The major tax policy challenge of the 21st century is the need to address the nation’s fiscal condition... Continue reading
Posted Nov 2, 2017 at CL&P Blog
The Consumer Financial Protection Bureau today issued this report on risky auto loans. The report finds that there is a pronounced trend toward longer, riskier auto loans. And the long-term, more costly loans are -- not surprisingly -- being take... Continue reading
Posted Nov 1, 2017 at CL&P Blog
From the CFPB: Over the past five years, student loan borrowers across the country have turned to us to submit complaints about the struggles they face when repaying their student loans. We have handled more than 50,000 student loan related... Continue reading
Posted Oct 27, 2017 at CL&P Blog
Note the wording of the headlines in some of the press coverage. This one -- Wall Street wins big as Senate votes to roll back regulation allowing consumers to sue their banks -- seems right in part. Yes, Congress's decision... Continue reading
Posted Oct 25, 2017 at CL&P Blog
The Treasury Department's report is called Limiting Consumer Choice, Expanding Costly Litigation: An Analysis of the CFPB Arbitration Rule. The first sentence of the report's conclusion (on page 17 of the report) would be laughable if the topic -- access... Continue reading
Posted Oct 23, 2017 at CL&P Blog
That's the topic of The Bold Ambition of Justice Scalia's Arbitration Jurisprudence: Keep Workers and Consumers Out of Court by law prof. Katherine Stone. Here's the abstract: Arbitration clauses have become a pervasive feature of modern life. The expanding scope... Continue reading
Posted Oct 23, 2017 at CL&P Blog
The Consumer Financial Protection Bureau's student-loan ombudsman has issued his annual report. It finds that while the agency has made progress in making the student-loan repayment process fairness, serious problems remain. [C]omplaints by student loan borrowers have driven actions that... Continue reading
Posted Oct 16, 2017 at CL&P Blog
That's a topic of this article by C. Ryan Barber (possibly behind a paywall). That the CFPB enforcement chief is quitting didn't itself strike me as critical news, but the article provided a nice overview of the main issues facing... Continue reading
Posted Oct 16, 2017 at CL&P Blog
Allen St. John at Consumer Reports has written 6 Easy Opt-Outs to Protect Your Privacy. This article reviews opt-outs such as the national do-not-call registry and a few industry-specific opt-outs to prevent the spread of personal information (for instance, one... Continue reading
Posted Oct 10, 2017 at CL&P Blog
That's what Georgetown law prof. Anne Fleming has to say in her Washington Post op-ed Federal regulation of payday loans is actually a win for states’ rights. It includes this defense of federal regulation: Critics of the CFPB rule, such... Continue reading
Posted Oct 9, 2017 at CL&P Blog
That's the topic of Trump University and Presidential Impeachment by law prof Chris Peterson. Here's the abstract: In the final weeks of the 2016 Presidential campaign Donald J. Trump faced three lawsuits accusing him of fraud and racketeering. These ongoing... Continue reading
Posted Oct 7, 2017 at CL&P Blog
Though consumer arbitration proponents and courts often justify pre-dispute mandatory arbitration (PDMA) through the language of consent -- that consumers contract with corporations freely and knowingly -- opponents of PDMA understand that PDMA is forced down consumers' throats. With these... Continue reading
Posted Oct 5, 2017 at CL&P Blog
Our readers may be interested in this story by Michael Scarcella on the contentious oral argument today before the Supreme Court in Epic Systems v. Lewis (and two cases consolidated with it), perhaps one of the most important arbitration cases... Continue reading
Posted Oct 2, 2017 at CL&P Blog
“This must stop. It is positively infuriating that my colleagues in Congress are so afraid of the gun industry that they pretend there aren’t public policy responses to this epidemic. There are, and the thoughts and prayers of politicians are... Continue reading
Posted Oct 2, 2017 at CL&P Blog
Here and here. And if want to see who will likely benefit from Trump's proposed changes, click on the chart below. Continue reading
Posted Oct 2, 2017 at CL&P Blog
Those are topics of Justifying Class Action Limits: Parsing the Debates over Ascertainability and Cy Pres by law prof Robert Bone. Here's the abstract: The federal class action has lost its way. It was created about fifty years ago in... Continue reading
Posted Oct 2, 2017 at CL&P Blog
Quoting from the CFPB's press release issued yesterday: The Consumer Financial Protection Bureau released the results of a first-of-its-kind national survey on the financial well-being of U.S. consumers that showed that more than 40 percent of U.S. adults struggle to... Continue reading
Posted Sep 27, 2017 at CL&P Blog