Future Looks Dim For Consumer Financial Protection Bureau Under Trump Presidency

Adam Fagen

On the campaign trail, President-elect Donald Trump made his disdain for the 2010 Dodd-Frank financial reforms clear, leaving many to wonder what a Trump White House would mean for the Consumer Financial Protection Bureau — the financial services regulator created by the 2010 legislation. Now that pieces are beginning to fall into place for the Trump transition plan, the outlook for the CFPB does not appear very bright. [More]

Customer Sues Charter, Time Warner Cable Over “Broadcast TV” Fees; Doesn’t Seek Monetary Damages

Customer Sues Charter, Time Warner Cable Over “Broadcast TV” Fees; Doesn’t Seek Monetary Damages

Last month, Comcast customers accused the cable company of illegally using its “Broadcast TV” and “Regional Sports” fees to raise customers’ bills by as much as $10/month. Now a customer of the recently merged Time Warner Cable and Charter Communications is accusing the providers of breaking the law by using similar fees to hide rate hikes while implying to subscribers that these surcharges are required by the government. [More]

Court: Nursing Homes Can Continue Stripping New Residents Of Their Right To Day In Court

Freaktography

In September, the federal Centers for Medicare & Medicaid Services (CMS) issued a new rule that would prevent most nursing homes and other long-term care facilities from using forced arbitration to strip new residents of their right to file lawsuits against these companies. The industry soon fired back by doing the very thing it doesn’t want its customers to do: filing a lawsuit. This morning, the judge in the case granted the industry’s request for a preliminary injunction preventing the new rule from being enforced. [More]

Judge: Airbnb Can Force Users’ Racial Discrimination Claims Out Of Courtroom

Judge: Airbnb Can Force Users’ Racial Discrimination Claims Out Of Courtroom

A large — and growing — number of companies use arbitration clauses in their overlong, legalese-stuffed customer agreements to prevent customers from bringing lawsuits and joining together in class actions, but can that arbitration agreement be used to avoid legal liability for possible violations of federal civil rights law? According to one federal judge, yes. [More]

Michael

New Rules Aim To Make It Easier For Students To Seek Financial, Legal Relief From Failed Colleges

In the last few years, multiple for-profit college chains have closed with little or no warning given to their students, while others remain on the brink of closure. And many of the for-profit schools that remain bar wronged students from ever suing the college in a court of law. Today, the Department of Education finalized the massive overhaul of its “Borrower Defense” rules in an effort to make it easier for students to hold colleges financially and legally responsible for their actions. [More]

FCC To Propose Rules That Could Restore Consumers’ Right To Sue Phone, Broadband Providers

Jason Cook

While the big headline of this morning’s monthly FCC meeting was the release of the Commission’s final rules on broadband privacy, the agency’s leadership also let it be known that it’s planning to take on one of the industry’s most controversial issues: The right of consumers to have their day in court. [More]

FCC

FCC Adopts New Privacy Rule Limiting What ISPs Can Do With Your Personal Data

Privacy is a complicated thing, especially online. While we all know companies like Google, Facebook, and Amazon — edge providers, in the parlance of regulators — collect and use our data, fewer of us think about how much the owners of the metaphorical pipes can see passing through them. So to that end, the FCC voted today to adopt rules designed to limit how much of internet subscribers’ data ISPs can sell, share, and trade, and to let customers have some more control over the uses of their personal information. [More]

More Companies Turn To Mandatory Arbitration: CreditKarma, Redbox, Kitty Bed Maker

More Companies Turn To Mandatory Arbitration: CreditKarma, Redbox, Kitty Bed Maker

People in a wide variety of circumstances, from drivers signing up to work for Uber to senior citizens entering a nursing home, sign mandatory binding arbitration agreements. Two popular online services have recently started to require that customer disputes go to arbitration, and a reader sent along a product purchased online — a cat bed — that came with a arbitration agreement of its own. [More]

Customers Accuse Comcast Of Using “Broadcast TV” & “Regional Sports” Fees To Illegally Hike Rates

Customers Accuse Comcast Of Using “Broadcast TV” & “Regional Sports” Fees To Illegally Hike Rates

As we showed in our recent line-by-line breakdowns of charges on your cable bills, many pay-TV providers charge fees that have the effect of raising the customers’ monthly bill but without affecting the base rate the cable company advertises. Now, Comcast subscribers in seven different states are claiming that these fees are “illegal and deceptive” that have netted the cable giant billions of dollars. [More]

Nursing Home Industry Files Lawsuit To Keep Preventing Patients From Filing Lawsuits

Nursing Home Industry Files Lawsuit To Keep Preventing Patients From Filing Lawsuits

Last month, the federal government issued new rules for nursing homes, barring most long-term care facilities from using forced arbitration agreements to stop new residents from filing lawsuits against the homes. Now nursing home operators and industry trade groups are challenging that rule by doing the one thing they want to prevent their patients from doing: going to court. [More]

If FTC Can’t Resurrect Lawsuit Over AT&T’s “Unlimited” Data, Telecoms May Be Even More Untouchable

jetsetpress

In August, an appeals court threw out the Federal Trade Commission’s lawsuit against AT&T over the way it marketed its “unlimited” data plans (which were anything but unlimited). Now the FTC is taking its case up the legal ladder, making the case that if it’s not allowed to sue AT&T, then all phone and internet providers can more easily get away with deceptive business practices. [More]

New Rule Will Stop Many Nursing Homes From Stripping Residents Of Their Right To Sue

Freaktography

As we’ve written about previously, some nursing homes and other long-term care facilities use forced arbitration contracts to prevent their residents bringing a legal action against the home in a court of law. Today, the Department of Health and Human Services issued a new rule that will prohibit long-term care facilities that accept Medicare or Medicaid from forcing residents into arbitration. [More]

Michael J

SiriusXM Subscriber Who Bought ‘Lifetime’ Subscription Files Class Action

What does a “lifetime” subscription mean? When it comes to a SiriusXM device, it means the lifetime of the device for your built-in car radio, and it can be transferable if you have a portable radio. However, a customer who bought his lifetime subscription to satellite radio service SiriusXM over the phone says that he wasn’t told that the subscription was for the lifetime of the device, and was led to belief that the subscription was for his lifetime. [More]

New Owner Of 56 Former Corinthian Colleges Schools Kept Administrators, Teachers

New Owner Of 56 Former Corinthian Colleges Schools Kept Administrators, Teachers

As part of its agreement to purchase more than 56 campuses from failed for-profit education giant Corinthian Colleges, Education Credit Management Corporation agreed to transition the Everest University and WyoTech schools to non-profit status, and generally avoid any of the shady business practices — inflated job placement rates, pushing students into high cost loans — that the former owner was accused of engaging in. Yet, a new report airing on PBS’ Frontline tonight suggests that while the company has worked to turn the schools around, some things — namely personnel — have not changed.  [More]

Appeals Court: Sorry Uber Drivers, You Signed Away Your Right To Sue Company

Uber

Just like a growing number of companies are quietly stripping consumers of their right to a jury trial, so too are employers using workers’ contracts to insert clauses that prevent them from bringing lawsuits in court. Yesterday, a federal appeals court ruled that most Uber drivers signed away their rights to pursue legal action against the company, putting multiple lawsuits — and a potential $100 million class action settlement — at risk. [More]