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Scott Nelson
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Take a look at this image of a cell-phone displaying the registration page for the Uber ride-sharing app: If you enter your credit card information and hit "REGISTER," have you given up your right to bring a class action against... Continue reading
Posted 3 hours ago at CL&P Blog
The National Consumer Law Center (NCLC) has a useful discussion here on the implications of this week's Supreme Court decision in Henson v. Santander Consumer USA. NCLC's principal point is that Santander leaves open the possibility of proving that a... Continue reading
Posted Jun 15, 2017 at CL&P Blog
Public Citizen and 25 other U.S. and international groups concerned with consumer rights and electronic privacy have sent a letter to Facebook asking it to release documents about whether it has collected and analyzed psychological information about its youthful users... Continue reading
Posted May 10, 2017 at CL&P Blog
Opponents of payday loan reform argue that the payday loan industry benefits its customers by providing access to credit for customers who could not otherwise obtain it, and that it is paternalistic to deny consumers the opportunity to afford themselves... Continue reading
Posted Apr 20, 2017 at CL&P Blog
In its decision issued today in McGill v. Citibank, the California Supreme Court has unanimously held that arbitration agreements can't block consumers from seeking injunctive relief that benefits the general public under California's Consumers Legal Remedies Act (CLRA) and Unfair... Continue reading
Posted Apr 6, 2017 at CL&P Blog
The Trump transition team has indicated that the new administration's strategy for Dodd-Frank is likely to be piecemeal dismantling rather than wholesale repeal, according to multiple reports, including this one by NPR. Meanwhile, the auto industry hopes the new administration... Continue reading
Posted Nov 11, 2016 at CL&P Blog
In an opinion and order issued today, U.S. District Judge Michael Mills of the Northern District of Mississippi issued a preliminary injunction blocking enforcement of the CMS rule barring the use of predispute arbitration agreements by nursing homes that participate... Continue reading
Posted Nov 7, 2016 at CL&P Blog
I've written a short opinion piece for The Hill called "The D.C. Circuit demotes Richard Cordray." It's available here. Continue reading
Posted Oct 14, 2016 at CL&P Blog
The case the Supreme Court agreed to hear today, Midland Funding v. Johnson, involves both whether filing a proof of claim for a time-barred debt in a bankruptcy proceeding is debt collection activity that violates the Fair Debt Collection Practices... Continue reading
Posted Oct 11, 2016 at CL&P Blog
In a regulation issued today, for publication early next week in the Federal Register, the Centers for Medicare and Medicaid Services of the Department of Health and Human Services have banned nursing homes that participate in the Medicare and Medicaid... Continue reading
Posted Sep 28, 2016 at CL&P Blog
The U.S. Court of Appeals for the Ninth Circuit ruled yesterday that drivers for the alt-cab company Uber have to arbitrate claims against the company. The decision means that those drivers are out of court on most of their claims,... Continue reading
Posted Sep 8, 2016 at CL&P Blog
On Wednesday of this week, a federal district court in California handed the Consumer Financial Protection Bureau a victory in its lawsuit against consumer lender CashCall. The court's ruling grants the CFPB partial summary judgment on its claim that CashCall... Continue reading
Posted Sep 2, 2016 at CL&P Blog
Health advocates have been saying for years that consumers shouldn’t use antibacterial soaps. Yet manufacturers have continued to put antibacterial agents into liquid soaps, to the extent that for a while it was hard to find products on store shelves... Continue reading
Posted Sep 2, 2016 at CL&P Blog
I have to admit that there are a lot of things I love about That it tries to require its customers to arbitrate their claims and waive the right to participate in class actions is not one of them.... Continue reading
Posted Aug 25, 2016 at CL&P Blog
Banks want to keep their customers out of court. But consumers overwhelmingly want the right to take banks to court if they have a dispute. Those are the findings of research released today by the Pew Charitable Trusts. Pew studied... Continue reading
Posted Aug 17, 2016 at CL&P Blog
The Supreme Court today issued its much-anticipated ruling in Spokeo v. Robins. The opinion vacates and remands the Ninth Circuit's holding that the plaintiff had standing to pursue his claims under the Fair Credit Reporting Act, but leaves open the... Continue reading
Posted May 16, 2016 at CL&P Blog
Another important regulatory document related to the CFPB's proposed rule is the Final Report of the Small Business Review Panel on the CFPB’s Potential Rulemaking on Pre-Dispute Arbitration Agreements. In creating the CFPB, Congress subjected its regulations to the requirements... Continue reading
Posted May 5, 2016 at CL&P Blog
In a much-anticipated ruling, the Supreme Court today held that a class-action defendant cannot moot a plaintiff’s case by making a pre-class-certification offer of judgment that would satisfy the individual plaintiff’s personal claims but not those of the class. The... Continue reading
Posted Jan 20, 2016 at CL&P Blog
Today's LA Times has another story on the Fiat-Chrysler stratagem of offering customers a "friends and family" discount in return for which consumers sign away their right to sue the automaker by agreeing to arbitration. (We had a short blog... Continue reading
Posted Oct 16, 2015 at CL&P Blog
Guest post by Julie Murray (Public Citizen Litigation Group) Some states have recently adopted, and dozens of others have considered, laws that require food manufacturers to disclose whether their products have been made through genetic engineering (GE). These laws would... Continue reading
Posted Sep 2, 2015 at CL&P Blog
In a split decision Tuesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struck down a portion of an SEC rule requiring publicly traded companies to disclose whether their products “have not been... Continue reading
Posted Aug 21, 2015 at CL&P Blog
A few weeks back I blogged here about pharmaceutical manufacturer Amarin’s lawsuit aiming to allow it to market a fish-oil based drug for a use not approved by the FDA. The FDA denied approval because it concluded the drug had... Continue reading
Posted Aug 7, 2015 at CL&P Blog
In Chapman v. All American Painting, Inc., the Seventh Circuit today overruled a string of decisions, including Damasco v. Clearwire Corp., and held that a rejected offer of judgment that would have provided a plaintiff with complete relief does not... Continue reading
Posted Aug 6, 2015 at CL&P Blog
You may know that H.R. 1599, the "Safe and Accurate Food Labeling Act of 2015" passed the House of Representatives a couple of weeks back and has been referred to committee in the Senate. You may also know that the... Continue reading
Posted Aug 6, 2015 at CL&P Blog
In a decision issued Monday in a case called Sanchez v. Valencia Holding Co., the California Supreme Court rejected arguments that a class-action ban in an arbitration clause, together with a few other provisions that were unfavorable to a consumer,... Continue reading
Posted Aug 5, 2015 at CL&P Blog