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Brian Wolfman
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Law profs Dalie Jimenez and Jonathan Glater have written Student Debt is a Civil Rights Issue: The Case for Debt Relief and Higher Education Reform for the Harvard Civil Rights-Civil Liberties Law Review. Here is the abstract: For an ever-growing... Continue reading
Posted 2 days ago at CL&P Blog
The Consumer Financial Protection Bureau has published Five ways to recognize a Social Security scam. Last summer, the agency warned in this short memo about the increasing number of scams aimed at getting social-security numbers or benefits. It explained how... Continue reading
Posted 2 days ago at CL&P Blog
Isn't that why the HR director at Wells Fargo, in explaining why his company was getting rid of forced arbitration of sexual-harassment claims, observed that "Wells Fargo has zero tolerance for sexual harassment"? So, for really bad stuff, it's only... Continue reading
Posted Feb 12, 2020 at CL&P Blog
Law prof CJ Ryan has written Paying for Law School: Law Student Loan Indebtedness and Career Choices. Here is the abstract: Student loan debt has reached crisis levels, topping $1.64 trillion dollars this year and surpassing credit card debt to... Continue reading
Posted Feb 12, 2020 at CL&P Blog
I was surprised to see this headline given Trump's reverence for education and that he once headed a university himself. But it appears to be true. In Trump looks to kill student loan forgiveness program, Annie Nova explains that As... Continue reading
Posted Feb 10, 2020 at CL&P Blog
The 12-page decision, by a per curiam panel composed of Judges Henderson, Tatel, and Griffith, is here. The decision includes this paragraph: The Members [of Congress] can, and likely will, continue to use their weighty voices to make their case... Continue reading
Posted Feb 7, 2020 at CL&P Blog
Take a look at All-Caps by law profs Yonathan Arbel and Andrew Toler. Here is the abstract: A hallmark of consumer contracts is long blocks of capitalized text. Courts and legislators believe that such “all-caps” clauses improve the quality of... Continue reading
Posted Jan 29, 2020 at CL&P Blog
Take a look at the Seventh Circuit's January 24 decision in Bigger v. Facebook, Inc., No. 19-1944. The Seventh Circuit succinctly sets out the dispute and its holding: This case presents the question whether a court may authorize notice to... Continue reading
Posted Jan 28, 2020 at CL&P Blog
That's the name of this article by law profs John Brooks and David Gamage. Here is the abstract: Wealth tax reform proposals are playing a major role in the 2020 presidential campaign. However, some opponents of these wealth tax reform... Continue reading
Posted Dec 17, 2019 at CL&P Blog
"The EEOC voted 2-1 to rescind its position that mandatory arbitration agreements that keep discrimination claims out of court clash with the civil rights laws the agency enforces." Read about it here. Continue reading
Posted Dec 17, 2019 at CL&P Blog
In Slate, Georgetown Law students Harsimar Dhanoa and Jonathan Greengarden have written Misinformed YouTubers Are Undermining the Fight for Children’s Privacy Online. Continue reading
Posted Dec 2, 2019 at CL&P Blog
Consumer reporter Michelle Singletary has just written a column entitled Have you received one of those Social Security scam calls? There’s a new way to report it. He column explains the varied and widespread nature of these scams and that... Continue reading
Posted Dec 2, 2019 at CL&P Blog
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Just in time for the nation's annual gift-buying orgy, U.S. PIRG has issued its 34th annual Trouble in Toyland report. It's a guide to help consumers avoid buying toys that contain lead, have small parts on which kids can choke,... Continue reading
Posted Dec 2, 2019 at CL&P Blog
Journalist David Dayen (@ddayen) has written Tech Companies' Big Reveal: Hardly Anyone Files Arbitration Claims. "Responding to Congress," Dayen explains, those companies have "make clear that forced arbitration gives them the means to sidestep the law." Here's an excerpt: Some... Continue reading
Posted Nov 27, 2019 at CL&P Blog
Damian Paletta at the Washington Post has written Federal government has dramatically expanded exposure to risky mortgages, effectively asking whether conditions are forming for another homeowner mortgage crisis of the severity associated with the Great Recession. Some excerpts: The federal... Continue reading
Posted Oct 3, 2019 at CL&P Blog
This article by Amy Goldstein describes "an emerging mosaic of evidence that, nearly a decade after it became one of the most polarizing health-care laws in U.S. history, the ACA is making some Americans healthier — and less likely to... Continue reading
Posted Sep 30, 2019 at CL&P Blog
Read this post by law prof Adam Levitin titled "FDIC and OCC Race to Court to Defend 120.86% Interest Rate Small Business Loan." It's not a pretty thing our federal regulators are doing. Here's an excerpt from Adam's post: FDIC... Continue reading
Posted Sep 18, 2019 at CL&P Blog
In May, the Consumer Financial Protection Bureau proposed new Fair Debt Collection Practices Act rules. In this op-ed, Jennifer Wagner (of Mountain State Justice) and Linda Frame (of the West Virginia Center on Budget and Policy) explain why the CFPB's... Continue reading
Posted Sep 13, 2019 at CL&P Blog
The Federal Trade Commission has issued a staff report on class-action notices, redress methods, claims rates, and check-cashing rates based on the agency's survey of the results in 149 consumer class actions. The FTC has put together this home page... Continue reading
Posted Sep 9, 2019 at CL&P Blog
That's the title of this piece in The Hill by law prof Lauren Willis. WIllis's bio notes that "[s]he is a leading critic of the use of financial education, disclosures, and 'nudges' (default settings) in consumer policy-making." Willis's Hill piece... Continue reading
Posted Sep 8, 2019 at CL&P Blog
The Ninth Circuit today issued its decision in Animal Legal Defense Fund v. USDA. Here's the court's summary of the decision: The panel reversed in part and affirmed in part the district court’s dismissal for lack of subject matter jurisdiction... Continue reading
Posted Aug 29, 2019 at CL&P Blog
Law prof Adam Levitin has written The Fast and the Usurious: Putting the Brakes on Auto Lending Abuses. Here is the abstract: The car loan market is rife with consumer abuses: inflated pricing, discriminatory lending, and a variety of deceptions... Continue reading
Posted Aug 29, 2019 at CL&P Blog
Yesterday, in Davis v. Oasis Legal Finance Operating Company, the Eleventh Circuit struck down contractual forum-selection and class-action-waiver clauses as contrary to public policy. In Davis, a class of borrowers sued lenders, claiming that their loan agreements violated Georgia usury... Continue reading
Posted Aug 29, 2019 at CL&P Blog
The Eleventh Circuit has just held in Salcedo v. Hanna that, under the circumstances pleaded there, a plaintiff who received one unsolicited text message lacked Article III standing to sue under Telephone Consumer Protection Act. The court relied on the... Continue reading
Posted Aug 28, 2019 at CL&P Blog
The Ninth Circuit has held, in Dorman v. Charles Schwab, that ERISA claims (brought in court in a class action) can be forced out of court and into individual arbitration through an arbitration clause in an amendment to an ERISA... Continue reading
Posted Aug 22, 2019 at CL&P Blog