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Brian Wolfman
Recent Activity
Daniel Colbert has published Operation Choke Point: Using an Old Tool in a New Way in the American Criminal Law Review. The piece discusses a program of the U.S. Department of Justice aimed, among other things, at stopping fraud by... Continue reading
Posted yesterday at CL&P Blog
The Consumer Financial Protection Bureau receives and reviews complaints about student-loan practices. Yesterday, it issued this mid-year update on those complaints. The biggest concern identified by the agency is borrowers complaining about "auto-default"-- borrowers reporting that lenders demand immediate full... Continue reading
Posted 2 days ago at CL&P Blog
That's the name of this article by Virginia Reno, Jasmine Tucker, and Elisa Walker of the National Academy of Social Insurance. That group has also produced the video Social Security: It Pays to Wait, which you can view here or... Continue reading
Posted 4 days ago at CL&P Blog
Jeff told you on Friday about General Mills's audacious attempt to force its customers into arbitration by downloading its coupons (among other things). After intense backlash, General Mills has reversed itself, as explained in this article by Stephanie Strom. For... Continue reading
Posted 4 days ago at CL&P Blog
As this article by Jason Millman explains, a new Gallup report finds, among other things, that "states which fully embraced the [Affordable Care Act] by setting up their own exchanges and expanding their Medicaid programs saw their uninsured rate drop... Continue reading
Posted Apr 16, 2014 at CL&P Blog
Over the years, people have filed a number of suits challenging the Senate filibuster rule -- the rule that effectively means that much key legislation needs 60 votes to pass the Senate (not just a bare majority). The courts have... Continue reading
Posted Apr 15, 2014 at CL&P Blog
Read the Consumer Financial Protection Bureau's 2013 Consumer Reponse Annual Report, which is the agency's name for its comprehensive report on consumer complaints to the agency. Among other things, it explains how the CFPB handles complaints and then reviews complaints... Continue reading
Posted Apr 15, 2014 at CL&P Blog
Should assessment of a drug's labeling be the bottom line in deciding whether a drug manufacturer has failed adequately to warn doctors of a drug's hazards? Or should tort law take into account marketing by the manufacturer's drug reps, who... Continue reading
Posted Apr 14, 2014 at CL&P Blog
The Association of American Law Schools (AALS) is calling for papers from scholars in commercial and consumer law for presentation at its annual meeting in January 2015. The "call" is reproduced after the jump. AALS Section on Commercial and Related... Continue reading
Posted Apr 14, 2014 at CL&P Blog
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We've told you before about the mammoth "tax gap"-- the difference between what Americans ought to pay in federal taxes and the amount that they actually pay: The IRS even publishes a tax gap map, which identifies the sources of... Continue reading
Posted Apr 14, 2014 at CL&P Blog
Law professor Rhonda Wasserman has written Cy Pres in Class Action Settlements. Here is the abstract: Monies reserved to settle class action lawsuits often go unclaimed because absent class members cannot be identified or notified or because the paperwork required... Continue reading
Posted Apr 13, 2014 at CL&P Blog
The Consumer Financial Protetion Bureau has obtained this big-dollar consent order from Bank of America (BOA) arising from the bank's unfair and deceptive credit-card practices. About 1.4 million consumers will receive refunds totalling $727 million. BOA will also pay the... Continue reading
Posted Apr 9, 2014 at CL&P Blog
The case is Dart Cherokee Basin Operating Company, LLC v. Owens. Here is the question presented (and the defendant's argumentative intro to the question presented taken from its petition for a writ of certiorari): A defendant seeking removal of a... Continue reading
Posted Apr 7, 2014 at CL&P Blog
This article by Tony Mauro discusses the reactions of campaign-reform advocates to the Supreme Court's decision last week in McCutcheon v. FEC, which struck down congressional limits on how much money an individual may donate in total to all federal... Continue reading
Posted Apr 7, 2014 at CL&P Blog
Go here or click on the embedded video below to watch a series of pieces by Jon Stewart on the Supreme Court's campaign-finance ruling, McCutcheon v. FEC. Continue reading
Posted Apr 5, 2014 at CL&P Blog
That's what the Court did today, by a 5-4 vote, in McCutcheon v. Federal Election Commission. The main opinion was written by Chief Justice Roberts. Justice Thomas, concurring in the judgment, would have gone further and overruled Buckley v. Valeo,... Continue reading
Posted Apr 2, 2014 at CL&P Blog
I don't like repeating posts, but an exception is warranted here. I am reproducing Jeff Sovern's post about the "Making the fine print fair" conference set for this Friday, April 4, at Georgetown law. Note that the conference is free... Continue reading
Posted Mar 31, 2014 at CL&P Blog
Our readers may be interested in a couple new items about the minimum wage. First, this piece by Emily Badger discusses the difficulties faced by low-wage workers living in places where the cost of housing is high. Badger highlights a... Continue reading
Posted Mar 31, 2014 at CL&P Blog
Here is the groups' press release: New Report Examines Both the Promise and the Potential Dangers of the New Financial Marketplace Leading Reform Groups Call for New Regulations to Protect Consumers from Unfair and Discriminatory “Big Data” Practices, Groups File... Continue reading
Posted Mar 28, 2014 at CL&P Blog
As reported here, "the Centers for Disease Control and Prevention (CDC) have updated their previous estimates of health care-associated infections through the two reports, one of which is published in the New England Journal of Medicine, NEJM and details 2011... Continue reading
Posted Mar 27, 2014 at CL&P Blog
The Consumer Financial Protection Bureau has released what it calls a "data point" on payday lendingAf. It's a small study based on data that the CFPB obtained from payday lenders in conjunction with the agency's supervisory authority over those lenders.... Continue reading
Posted Mar 25, 2014 at CL&P Blog
by Brian Wolfman A couple weeks ago, in McMahon v. LVNV Funding (and a companion case), the Seventh Circuit held that debt collectors' letters to consumers offering to "settle" time-barred debts (that is, debts that would be subject to a... Continue reading
Posted Mar 25, 2014 at CL&P Blog
Kevin Davis has written this article reviewing legal issues raised by airbnb, the on-line apartment and home rental site that says it facilitates "[r]ent[als] from people in over 34,000 cities and 192 countries." Among the issues are (1) whether airbnb... Continue reading
Posted Mar 25, 2014 at CL&P Blog
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Some contributors to this blog have expressed general skepticism about the value of disclosure as a means of consumer protection (and have argued that some types of disclosure are more likely to be effective than others). The Consumer Financial Protection... Continue reading
Posted Mar 24, 2014 at CL&P Blog
by Brian Wolfman Tesla wants to sell its electric cars from its own stores directly to consumers. Some states require consumers to buy new cars from car dealers supposedly on the ground that requiring consumers to go through a dealer... Continue reading
Posted Mar 24, 2014 at CL&P Blog