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Consumer Law

CL&P Blog

The contributors to this blog are a diverse group of lawyers and law professors who practice, teach, or write about consumer law and policy. Although the blog is hosted by Public Citizen's Consumer Justice Project, the views expressed here are solely those of the individual contributors and do not necessarily reflect those of the institutions with which they are affiliated.

Post Frequency: 15.1/day

Last Entry: April 01, 2011 at 11:13:04

Is the Cash for Clunkers Program Being Suspended Right After It Began?

Posted on July 30, 2009
We reported here, here, and here about concerns with the CARS program, under which consumers can get credits for up to $4500 toward the purchase of new, more fuel-efficient vehicles when they scrap their older gas guzzlers. Regulations for the...

Philadelphia Inquirer Coverage of Consumer Protection Issues

Posted on July 30, 2009
I'm delighted to report that the Philadelphia Inquirer's Jeff Gelles is now covering consumer protection issues regularly. He's already published an interview with Elizabeth Warren on the proposed Consumer Financial Protection Agency and a column on Chase's increase of the...

Elizabeth Warren on Why We Need a Consumer Financial Protection Agency

Posted on July 29, 2009
This has been making the rounds, but we somehow neglected to post it here. Professor Warren also recently identified three myths perpetuated by critics of the new agency, along with her responses. The most complete account of Warren's argument can...

Music File Sharing Case Goes to Trial in Boston

Posted on July 29, 2009
by Brian Wolfman We have previously reported here about the recording industry's aggressive strategy of going after music file sharers. Most of the time, the file sharers settle for a few thousand dollars, rather than go to trial and risk...

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Health Care Legislation Near a Deal in the Senate?

Posted on July 28, 2009
This AP story explains that the Senate is close to a bi-partisan deal on health care legislation. Under the deal, there would be no so-called "public option," that is, no governmental plan competing with private insurance companies. The New York...

Obama Administration Divided on the Consumer Financial Services Agency

Posted on July 27, 2009
You knew that the proposal to establish a Consumer Financial Services Agency was backed by the Obama Administration. After all, it's the Administration's bill. You also knew (or at least suspected) that the banking and other industries would be lobbying...

NY Attorney General Cuomo Sues to Vacate 100,000 Debt Collection Judgments

Posted on July 24, 2009
The AG claims that the defendants were never served, and so defaulted, whereupon money was seized from bank accounts and wages garnished. The Times report is here. The complaint lists 35 lawyers and law firms as defendants. The amount collected...

More on CARS Regulations

Posted on July 24, 2009
Okay, so we've told you about skepticism over the new CARS get-the-clunkers-off-the-road legislation, and we've posted the National Highway Traffic Safety Administration's brand-spanking-new CARS regs. And, now, here is a press statement by Public Citizen auto safety/fuel efficiency expert Lena...

NHTSA Releases Final CARS Regulations

Posted on July 24, 2009
On Tuesday, this post considered the value of the Consumer Assistance to Recycle and Save Act of 2009, or CARS, the stated purpose of which is provide cash incentives for consumers to remove gas-guzzlers from the road and replace them...

More on Consumer Arbitration at the NAF

Posted on July 24, 2009
We posted earlier this week on the decisions of the National Arbitration Forum and the AAA to get out of the consumer arbitration business. Here's a report issued last Tuesday by the majority staff of the Domestic Policy Subcommittee of...

More on NAF, AAA, and Forced Arbitration

Posted on July 23, 2009
by Deepak Gupta Yesterday, during NPR's All Things Considered, reporter Wade Goodwyn and host Madeleine Brand discussed the recent developments involving NAF and AAA, as well as the Arbitration Fairness Act. Goodwyn also filed another story this morning including excerpts...

Denny's: Public Health Enemy # 1

Posted on July 23, 2009
by Steve Gardner The Center for Science in the Public Interest filed suit today in the Superior Court of New Jersey in Middlesex County, seeking to compel Denny's to disclose on menus the amount of sodium in each of its...

Fed Proposes "Significant Changes" to Reg Z Provisions on Closed-End Mortgages and HELOCs

Posted on July 23, 2009
Here's the press release: The Federal Reserve Board on Thursday proposed significant changes to Regulation Z (Truth in Lending) intended to improve the disclosures consumers receive in connection with closed-end mortgages and home-equity lines of credit (HELOCs)...

Senator Specter Introduces Bill to Overrule Twombly & Iqbal

Posted on July 23, 2009
by Brian Wolfman Senator Arlen Specter has just introduced this bill to reestablish the notice-pleading standards of Federal Rule of Civil Procedure Rule 8 as interpreted by the Supreme Court in Conley v. Gibson, 355 U.S. 41 (1957). As plaintiffs'...

NPR on the Shakeup in Consumer Arbitration

Posted on July 22, 2009
Amy Scott of Marketplace had a very brief report this morning on the NAF and AAA pullout from forced arbitration of consumer debt disputes. For a more detailed report on forced arbitration, see this story from a few weeks back...

House Oversight Committee Looks Into Forced Arbitration

Posted on July 21, 2009
The Domestic Policy Subcommittee of the House Oversight and Government Reform Committee will hold a hearing tomorrow afternoon entitled "Arbitration or ?Arbitrary?: The Misuse of Arbitration to Collect Consumer Debts." The witnesses are Minnesota Attorney General Lori Swanson, Michael Kelly...

Is CARS a Good Idea?

Posted on July 21, 2009
The Consumer Assistance to Recycle and Save Act of 2009 (CARS) is meant to encourage people to trade in their gas guzzlers and buy new "fuel efficient" cars. You trade in the gas guzzler and the federal government funds a...

AAA Joins NAF in Quitting Arbitration of Consumer Debt Disputes

Posted on July 21, 2009
by Deepak Gupta The Wall Street Journal is reporting that the American Arbitration Association "will stop participating in consumer-debt-collection disputes," at least--according to an unnamed AAA official quoted in the story--"until some standards or safeguards are established...

Big Delay on Consumer Financial Protection Agency

Posted on July 21, 2009
As reported by U.S. PIRG's Consumer Blog, Rep. Barney Frank, Chair of the House Financial Services Committee, has announced that his committee's consideration of legislation establishing a Consumer Financial Protection Agency has been delayed from next week until September.

The Obama's Administration Consumer Financial Protection Agency Bill and Abusive Practices

Posted on July 20, 2009
by Jeff Sovern Subtitle C of the Obama administration's bill to create a Consumer Financial Protection Agency would give the CFPA the power to promulgate rules "identifying as unlawful unfair, deceptive, or abusive acts or practices in connection with any...

Check out Wal-Mart Watch

Posted on July 20, 2009
If you're interested in all things Wal-Mart, check out Wal-Mart Watch, a (largely) critical website devoted to discussion of the world's largest retailer. There's an emphasis on efforts to improve wages and benefits for Wal-Mart workers. Today's top story is...

Consent Decree in Minnesota v. NAF

Posted on July 20, 2009
Here's the consent decree that Richard mentions in the post below. And here's the text of the press release from the Minnesota Attorney General's office: Minnesota Attorney General Lori Swanson and the National Arbitration Forum?the country?s largest administrator of credit...

Senator Saxby Lifts "Hold" on Cass Sunstein for OIRA Position

Posted on July 20, 2009
Quite a while back, President Obama nominated Cass Sunstein, a famous law professor, to head the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget. In the past, OIRA has had a lot of power...

NAF Exits Consumer Arbitrations.

Posted on July 19, 2009
In a major victory for consumers, the nation?s largest arbitration firm involved in adjudicating delinquent credit-card debt has agreed to pull out of the business. As reported by BusinessWeek, the move was announced today by Minnesota Attorney General Lori Swanson,...

John Infranca on Protecting Exempt Social Security Payments from Freezes and Garnishment

Posted on July 18, 2009
John Infranca of NYU has written Safer than the Mattress? Protecting Social Security Benefits from Bank Freezes and Garnishments, 83 St. Johnb's Law Review (2009). Here's the abstract: This Article analyzes the tensions between the anti-assignment provision of the Social...

Australia limits all bank fees

Posted on July 17, 2009
by Richard Alderman I just finished teaching a course on American Consumer Law at Latrobe University in Australia. Part of the fun of teaching in another country is comparing consumer issues. One common problem is unreasonably high bank and credit...

Elizabeth Warren on the Consumer Financial Protection Agency

Posted on July 17, 2009
In this Business Week column, Prof. Elizabeth Warren lays out why she thinks Congress ought to establish a Consumer Financial Protection Agency. She stresses the need for simple disclosures regarding financial products. She says in that regard that "[m]illions of...

California Sues Loan Modification Companies

Posted on July 16, 2009
by Brian Wolfman I blogged here on Monday about the National Consumer Law Center's recent report on the growing loan modification scam industry. Yesterday, the California Attorney General sued 21 individuals and 14 loan modification companies, alleging that they take...

A Few Comments on the Fed's Interim Final Rule on Credit Cards

Posted on July 16, 2009
by Jeff Sovern Or is it the Final Interim Rule? Yesterday I linked to the Fed's new Interim Final Rule, amending Reg Z to implement provisions of the Credit CARD Act that take effect in August. The new Rule itself...

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