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Scott Nelson
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When a federal district court certifies, refuses to certify, or decertifies a class, Federal Rule of Civil Procedure 23(f) gives a party 14 days to ask a court of appeals for permission to appeal the ruling. But what if a... Continue reading
Posted Nov 29, 2018 at CL&P Blog
The Supreme Court held long ago, in a case generally referred to as "American Pipe," that if the courts refuse to allow a case to go forward as a class action, all members of the class have the chance to... Continue reading
Posted Jun 11, 2018 at CL&P Blog
In case you missed the punchline of Jeff Sovern's post on the CFPB's annual report, the news is not the report itself (which conscientiously recites the CFPB's actions between February and September 2017, before Mick Mulvaney was appointed Acting Director... Continue reading
Posted Apr 2, 2018 at CL&P Blog
In an opinion issued this morning, the U.S. Court of Appeals for the District of Columbia Circuit overturned key provisions of a Federal Communiciations Commission ruling addressing the scope of the Telephone Consumer Protection Act's prohibition on the use of... Continue reading
Posted Mar 16, 2018 at CL&P Blog
National banks have long argued for broad preemption of state laws that would otherwise apply to their activities, and their federal regulator, the Office of the Comptroller of the Currency (OCC) has often gone along. In an important decision issued... Continue reading
Posted Mar 5, 2018 at CL&P Blog
Wastewater systems nationwide have for some time been urging people not to flush anything except human waste and toilet paper down the toilet to avoid clogs that damage sewer lines. Kimberly-Clark and other manufacturers, however, market some of their moistened... Continue reading
Posted Jan 3, 2018 at CL&P Blog
Senators Elizabeth Warren and Dick Durbin today issued a report giving Betsy DeVos and the Department of Education a failing grade on their handling of claims for loan forgiveness from students defrauded by for-profit colleges and trade schools. Fourteen other... Continue reading
Posted Nov 14, 2017 at CL&P Blog
by Scott Nelson As Jeff noted earlier this morning, Equifax's offer of "complimentary" enrollment in "TrustedID Premier" to people potentially affected (and even people that it doesn't identify as potentially affected) by its data breach came with a catch: The... Continue reading
Posted Sep 8, 2017 at CL&P Blog
By Scott Nelson The nation's three big credit-reporting companies have tremendous power over American consumers and collect the most sensitive data about us. With that great power should go great responsibility to protect that information. Now comes news, via CNN,... Continue reading
Posted Sep 7, 2017 at CL&P Blog
Those who follow the arbitration wars probably know that the upcoming Supreme Court term will kick off with an epic battle in those wars--literally. The first argument on the first Monday in October will be in the consolidated cases of... Continue reading
Posted Sep 1, 2017 at CL&P Blog
Coming soon to a TV screen near you: An ad from the Chamber of Commerce exhorting viewers to tell their Senators to block the CFPB's arbitration rule so lawyers will stop bringing lawsuits over coffee. I kid you not. Never... Continue reading
Posted Aug 24, 2017 at CL&P Blog
The "Bargainista" columnist for the on-line news site, a USA Today affiliate focusing on Florida's Treasure Coast, commonly covers subjects such as the availability of "mooncakes" at Denny's on eclipse day, the supply of pretzels at the Wawa convenience... Continue reading
Posted Aug 24, 2017 at CL&P Blog
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 Aug 18, 2017 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