On October 28, the Department of Education issued final regulations intended to protect student loan borrowers against school closures and fraud. To that end, the rules include significant provisions restricting school arbitration agreements; clarifying student rights to raise school fraud as a defense to loan repayment; providing automatic closed school loan discharges to certain eligible […]
Courts are confirming the fact that consumers rely on misrepresentations! On Aug. 12, the United States Court of Appeals for the Second Circuit held that the Federal Trade Commission (FTC) is entitled to a presumption of consumer reliance on a defendant’s omissions and misrepresentations. The court thus vacated a judgment ignoring the presumption and rejecting […]
We are pleased to announce that students in the Consumer Empowerment service-learning course at University of Colorado Law School will be the featured bloggers on this site. They will offer information and insights on a variety of important consumer topics. Please stay tuned!
Contracts professors, policymakers, consumer groups and others have become particularly interested in another post-AT&T Mobility LLC v. Concepcion case. The United States Court of Appeals for the Ninth Circuit recently agreed to an en banc rehearing of Kilgore v. Keybank, 673 F.3d 947 (9th Cir. 2012). The issue in this case is whether Concepcion precludes courts from preserving judicial access for public injunctions under state consumer protection statutes by invoking the public policy exemption from the Federal Arbitration Act’s (“FAA”) mandate that courts enforce arbitration agreements according to their terms. The en banc hearing is set for some time in December of this year.