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Brian Wolfman
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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
Law profs Stephen Burbank and Sean Farhang have written Politics, Identity, and Class Certification on the U.S. Courts of Appeals, which asks whether there are associations between personal characteristics of appellate judges and the party of the presidents who appointed... Continue reading
Posted Aug 19, 2019 at CL&P Blog
The California Supreme Court today issued its unanimous decision in Noel v. Thrifty Payless Inc., which rejected a strict class-certification "ascertainability" requirement sometimes associated with decisions of the U.S. Court of Appeals for the Third Circuit. This paragraph sums up... Continue reading
Posted Jul 29, 2019 at CL&P Blog
That's the topic of The New Privity by law prof Alexi Lahav. I thought the article would be interesting to our readers, who (1) may be concerned about the Supreme Court's expanding due-process restrictions on where alleged corporate wrongdoers may... Continue reading
Posted Jul 26, 2019 at CL&P Blog
In In re the Home Depot Customer Data Security Breach Litig.,the Eleventh Circuit has held that when a defendant agrees to pay class-action fees in a class-action settlement, in an amount to be determined by the district judge, separate from... Continue reading
Posted Jul 25, 2019 at CL&P Blog
That's the topic of Commissioning the Consumer Financial Protection Bureau by law prof Jolina Cuaresma. Here's the abstract: There has been much debate over the Consumer Financial Protection Bureau’s lack of executive and congressional oversight: its single director removable only... Continue reading
Posted Jul 23, 2019 at CL&P Blog
The National Association of Consumer Advocates has created this series of five videos on debt defense. The videos educate ordinary consumers on how to deal with debt collection. Click on the links or on the embedded videos below to watch... Continue reading
Posted Jul 23, 2019 at CL&P Blog
As you'll recall, the Affordable Care Act (ACA) significantly expanded Medicaid -- the War on Poverty legislation that had, for decades, provided comprehensive medical insurance to (certain) poor people. Among other things, the ACA Medicaid expansion required state Medicaid programs... Continue reading
Posted Jul 22, 2019 at CL&P Blog
The Sixth Circuit held today in Keen v. Helson that because the Real Estate Settlement Procedures Act's text gives a right to sue only to a "borrower," someone who signs the mortgage but does not sign the mortgage loan with... Continue reading
Posted Jul 18, 2019 at CL&P Blog
This Washington Post article by Faiz Siddiqui explains that "Tesla is racing to be first to the market with a self-driving car made for the masses, promising to send as soon as this year an over-the-air software update that will... Continue reading
Posted Jul 17, 2019 at CL&P Blog
Our readers will want to read the Ninth Circuit's decision in Blair v. Rent-A-Center, written by Circuit Judge William Fletcher. Judge Fletcher's intro paragraph sums up the decision nicely: In McGill v. Citibank, N.A., 393 P.3d 85 (Cal. 2017), the... Continue reading
Posted Jul 2, 2019 at CL&P Blog
Following up on our post a few days ago about the petition by #REPRESENT asking the Federal Trade Commission to investigate "surveillance scoring" -- where retailers use consumer information collected by data brokers to figure out how much to charge... Continue reading
Posted Jun 28, 2019 at CL&P Blog
The question presented in this brand-new cert petition is Whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers. Continue reading
Posted Jun 28, 2019 at CL&P Blog
Various consumer and health groups -- including the Consumer Federation of America, the American Institute for Cancer Research, the American Public Health Association, Breast Cancer Action, the Center for Science in the Public Interest, and the U.S. Alcohol Policy Alliance... Continue reading
Posted Jun 26, 2019 at CL&P Blog
Professors Brian Feinstein, Chen Meng, and Manisha Padi took a look at that question from one angle in State Attorneys General & Lender Behavior. Here is the abstract: The Dodd-Frank Act empowers state attorneys general to enforce, with limited exception,... Continue reading
Posted Jun 19, 2019 at CL&P Blog