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Brian Wolfman
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In light of yesterday's Affordable Care Act ruling, King v. Burwell, take a look at three short pieces. First, read this scotusblog post by law prof Einer Elhauge, which discusses the methodological approaches behind both Chief Justice John Roberts' majority... Continue reading
Posted 4 days ago at CL&P Blog
Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter. Section 36B can... Continue reading
Posted 5 days ago at CL&P Blog
Christopher Odinet has written Payday Lenders, Vehicle Title Loans, and Small-Value Financing: The CFPB's Proposal to Regulate the Fringe Economy. Here is the abstract: The market for payday lenders, businesses that provide vehicle title loans, and other small-value financing players... Continue reading
Posted Jun 17, 2015 at CL&P Blog
For a new article on these topics, take a look at Federal Preemption of Generic Drug Claims: Product Safety, Potential Regulatory Changes and Plaintiff Strategies in the Aftermath of Mensing and Bartlett by Eric Lindenfeld and Jasper Tran. Here is... Continue reading
Posted Jun 11, 2015 at CL&P Blog
Read the complaint and the consent order (which requires judicial approval). The beginning of the Consumer Financial Protection Bureau's press release summarizes: Today the Consumer Financial Protection Bureau (CFPB) filed a complaint and proposed consent order in federal court against... Continue reading
Posted May 19, 2015 at CL&P Blog
According to this article by consumer reporter David Lazarus. Continue reading
Posted May 19, 2015 at CL&P Blog
Last week, in Daniels v. Hollister Co., the New Jersey Appellate Division rejected the notion that the plaintiffs in a damages class action must show that the class is "ascertainable" before it may be certified. The court responded at length... Continue reading
Posted May 19, 2015 at CL&P Blog
That's the topic of Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights by law professor Judith Resnik. Here is the abstract: Two developments frame this discussion: the demise of negotiated... Continue reading
Posted May 19, 2015 at CL&P Blog
The Supreme Court granted review this morning in Campbell-Ewald Company v. Gomez, which presents the following important issues about mootness: 1. Whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives an... Continue reading
Posted May 18, 2015 at CL&P Blog
If you're interested in that topic, you may want to look at Don't Try this at Home: The Troubling Distortion Of Rule 68 by Bradley Girard. Here's the abstract: Rule 68 of the Federal Rules of Civil Procedure was enacted... Continue reading
Posted May 14, 2015 at CL&P Blog
On April 16, the House of Representatives voted to repeal the estate tax for everyone. Yes, that would exempt people who have many billions of dollars, including people who inherited much or most of their wealth, like members of Sam... Continue reading
Posted May 5, 2015 at CL&P Blog
Beyond the pending challenge to the Affordable Care Act tax-credit system in King v. Burwell, which threatens the viability of the Act, law professor Andy Grewall writes in a new article that there are other Lurking Challenges to the ACA... Continue reading
Posted May 5, 2015 at CL&P Blog
FICO -- the business analytics company that calculates everyone's credit score -- has agreed to provide free credit scores to consumers who seek counseling through non-profit credit counseling organizations. FICO noted that it was influenced by the Consumer Financial Protection... Continue reading
Posted Apr 22, 2015 at CL&P Blog
Guest post by Stephen Raher Each year, over 12 million people are released from jails and prisons in the United States. When this happens, the correctional facility often owes money to the person being released. This could be money that... Continue reading
Posted Mar 19, 2015 at CL&P Blog
In the Credit CARD Act of 2009 Congress sought to tame what it viewed as excesses of the credit-card industry. Go here to view the Act's basic reforms. Since the law went into effect about five years ago, commentators and... Continue reading
Posted Mar 17, 2015 at CL&P Blog
As our readers know, the Consumer Financial Protection Bureau just issued its DoddFrank-mandated study on consumer arbitration. The CFPB has announced that on Thursday, April 2, 2015, it will conduct a "roundtable" on the topic. If you want to attend... Continue reading
Posted Mar 11, 2015 at CL&P Blog
Many posts on this blog have noted the difficulty in achieving consumer protection through disclosure (including disclosure through product labeling). If that interests you, you may want to read Science-Based Food Labels: Improving Regulations and Preventing Consumer Deception Through Limited... Continue reading
Posted Mar 11, 2015 at CL&P Blog
That's the name of this article by Peter Whoriskey. Note in particular the long list of "unnatural" ingredients at the end of the article that find their way into foods advertised as "natural." [HT to Michele Simon] Continue reading
Posted Mar 10, 2015 at CL&P Blog
Posted Mar 10, 2015 at CL&P Blog
This article by Max Ehrenfreund and Sandhya Somashekhar explains that, according to a new Congressional Budget Office report, the Affordable Care Act is costing taxpayers less than expected because of lower medical spending costs, which in turn will reduce the... Continue reading
Posted Mar 10, 2015 at CL&P Blog
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Read the agency's fact sheet and the full report. Here's what the CFPB had to say about its study: Today, the Consumer Financial Protection Bureau released a study indicating that arbitration agreements restrict consumers’ relief for disputes with financial service... Continue reading
Posted Mar 9, 2015 at CL&P Blog
About a year ago, we posted about the electric-car company Tesla, which wants to sell cars directly from its stores to consumers, and efforts by car dealers to interfere with Tesla's business model on, you guessed it, consumer-protection grounds. Our... Continue reading
Posted Mar 4, 2015 at CL&P Blog
As many of our readers know, as required by the Dodd-Frank financial reform legislation, the Consumer Financial Protection Bureau is conducting a study of arbitration as a dispute-resolution mechanism for matters with the Bureau's regulatory reach. After the study, the... Continue reading
Posted Feb 24, 2015 at CL&P Blog
Though the definition varies (go here), a patent troll generally is thought of as a person or entity that buys patents and then enforces the patents through litigation against accused infringers to collect licensing fees. The troll has no intent... Continue reading
Posted Feb 23, 2015 at CL&P Blog