This is Public Citizen Litigation Group's Typepad Profile.
Join Typepad and start following Public Citizen Litigation Group's activity
Join Now!
Already a member? Sign In
Public Citizen Litigation Group
Washington, DC
Interests: Consumer law and policy, Supreme Court and appellate litigation, class actions, constitutional law, arbitration, preemption, the civil justice system
Recent Activity
This is a bold move--and an even bolder move if these class actions have already been certified. Courts have largely rejected the notion that “a party with the unilateral right to modify a contract” has “carte blanche to make any kind of change whatsoever as long as a specified procedure is followed.” Badie v. Bank of Am., 79 Cal. Rptr. 2d 273, 281 (Cal. App. 1998); see Long v. Fidelity Water Sys., Inc., 2000 WL 989914, at *3 (N.D. Cal. 2000) (refusing to apply purported contract modification that postdated the litigation in part because the consumer was “a putative class member at the time of defendants’ communication with him,” which “weakens any argument that he knowingly and voluntarily” agreed to the provision). The attempted unilateral modification of a consumer contract in the context of a pending class action may also run afoul of Rule 23. See In re Currency Conversion Fee Antitrust Litig., 224 F.R.D. 555, 569-70 (S.D.N.Y. 2004) (attempted contract modification constituted prohibited communication to parties without court supervision).
Here's a post that I wrote for the American Constitution Society's blog last Friday -- the day after the CFPB released its proposed arbitration rule. Continue reading
Posted May 10, 2016 at Consumer Law & Policy Blog
The CFPB has just released its much-awaited proposed rule on forced arbitration clauses -- arguably the single biggest step the Bureau can take to level the playing field for American consumers. If adopted after notice-and-comment, the CFPB's new rule would... Continue reading
Posted May 4, 2016 at Consumer Law & Policy Blog
The second installment of the blockbuster New York Times series on forced arbitration is here. The headline is "In Arbitration, a 'Privatization of the Justice System.'" Whereas the first installment was focused on the macro effects -- how the Supreme... Continue reading
Posted Nov 1, 2015 at Consumer Law & Policy Blog
Jessica Silver-Greenberg and Robert Gebeloff of the New York Times have a must-read story today, the first of several, on the rise of forced arbitration: "Arbitration Everywhere, Stacking the Deck of Justice." The piece weaves together the history of the... Continue reading
Posted Oct 31, 2015 at Consumer Law & Policy Blog
Just one day after a Senate Judiciary Committee hearing focusing on the constitutional challenge to the CFPB in State National Bank of Big Spring v. Lew, the D.C. Circuit has issued an opinion allowing that challenge to go forward on... Continue reading
Posted Jul 24, 2015 at Consumer Law & Policy Blog
This afternoon (at 2pm), I'll be testifying before the Senate Judiciary Committee on the constitutionality of the Consumer Financial Protection Bureau and the Dodd Frank Act. The title for today's hearing gives you a flavor of the sweeping (and fringe)... Continue reading
Posted Jul 23, 2015 at Consumer Law & Policy Blog
Today is an important milestone week for federal consumer protection policy--the fifth anniversary of Dodd-Frank and the fourth anniversary of the Consumer Financial Protection Bureau. Right now, President Obama, speaking at a VFW hall in Pittsburgh, is announcing another important... Continue reading
Posted Jul 21, 2015 at Consumer Law & Policy Blog
by Deepak Gupta One of the most important but under-appreciated features of the Dodd-Frank Act was its establishment of the Financial Stability Oversight Council—a new entity with a clear statutory mandate to identify and respond to systemic risks to the... Continue reading
Posted May 27, 2015 at Consumer Law & Policy Blog
The CFPB's field hearing on payday lending is underway, and is being livestreamed at the Bureau's website. Watch it here. Continue reading
Posted Mar 26, 2015 at Consumer Law & Policy Blog
Prolific class action scholar (and former Scalia clerk) Brian Fitzpatrick of Vanderbilt Law has just posted to SSRN an interesting new paper foreseeing and lamenting the effects of his former boss's handiwork in AT&T Mobility v. Concepcion and American Express... Continue reading
Posted Mar 16, 2015 at Consumer Law & Policy Blog
The following consumer advocates will be live-tweeting today's CFPB field hearing on arbitration, which gets underway at 11am. Ellen Taverna, NACA – @NACAdvocate Christine Hines, Public Citizen – @chrhines Michelle Schwartz, Alliance for Justice – @SchwartzAFJ NCLC – @NCLC4consumers AFR... Continue reading
Posted Mar 10, 2015 at Consumer Law & Policy Blog
Here's the text of CFPB Director Richard Cordray's remarks on the arbitration report, to be delivered at today's field hearing in Newark. He summarizes the legal backdrop to the Bureau's report, its empirical approach, and its key findings (which I've... Continue reading
Posted Mar 10, 2015 at Consumer Law & Policy Blog
Here's the transcript of this morning's Supreme Court arguments in Texas Department of Housing, the case about disparate-impact liability under the Fair Housing Act. Continue reading
Posted Jan 21, 2015 at Consumer Law & Policy Blog
About an hour ago, the Supreme Court finished hearing oral argument on whether disparate impact claims are cognizable under the Fair Housing Act (as every circuit to address the issue has held since the Act's enactment in 1968). This blog... Continue reading
Posted Jan 21, 2015 at Consumer Law & Policy Blog
The President highlighted consumer issues several times in his speech tonight. Here's some of the relevant text: On Dodd-Frank and the CFPB: "We believed that sensible regulations could prevent another crisis, shield families from ruin, and encourage fair competition. Today,... Continue reading
Posted Jan 20, 2015 at Consumer Law & Policy Blog
Lauren Willis (of Loyola Los Angeles) and Theresa Amato (of the Fair Contracts Project) have a great op-ed in today's Los Angeles Times on what to do about consumer financial illiteracy. "There are dozens of entities devoted to educating you... Continue reading
Posted Jan 13, 2015 at Consumer Law & Policy Blog
Just two days after a federal judge in South Dakota rejected a bid by First Premier Bank for a gag order against the credit-card-comparison site, the subprime credit card issuer abandoned its controversial lawsuit in a one-sentence document filed... Continue reading
Posted Jan 12, 2015 at Consumer Law & Policy Blog
by Maura Dundon (Senior Policy Counsel, Center for Responsible Lending) The sale of Corinthian Colleges (the for-profit college chain that operates Everest, WyoTech, and Heald) to the student loan debt collector ECMC is poised to close today. The deal has... Continue reading
Posted Jan 12, 2015 at Consumer Law & Policy Blog
by Deepak Gupta The Eleventh Circuit issued issued a very comprehensive and well reasoned opinion this week on a hot issue in consumer class-action practice: Can a defendants' attempt to "pick off" a class representative moot the class action? Or,... Continue reading
Posted Dec 3, 2014 at Consumer Law & Policy Blog
by Deepak Gupta In today's Los Angeles Times, consumer columnist David Lazarus takes a look at the practice of for-profit debt collectors renting out the seal and letterhead of local California prosecutors -- the target of a new class-action lawsuit... Continue reading
Posted Dec 2, 2014 at Consumer Law & Policy Blog
by Deepak Gupta Since its inception, this blog has covered the pernicious practice of prosecutors who rent out their name and authority to private for-profit debt collectors. As readers may recall, these debt collectors use official-looking letterhead to threaten consumers... Continue reading
Posted Nov 13, 2014 at Consumer Law & Policy Blog
by Deepak Gupta Perhaps betting that the third time's a charm, the Supreme Court this morning once again granted a petition over whether disparate-impact claims -- based on seemingly neutral practices with discriminatory effects -- are cognizable under the Fair... Continue reading
Posted Oct 2, 2014 at Consumer Law & Policy Blog
John Oliver's comedy news-in-review show on HBO, "Last Week Tonight," had an excellent segment on payday loans last night. The show was well researched and probably exposed many people to these issues for the first time. Among other things, it... Continue reading
Posted Aug 11, 2014 at Consumer Law & Policy Blog