Consumer Law & Policy Blog

The Randy Rabbi Returns

by Paul Alan Levy

Nearly five years after he withdrew subpoenas to Google seeking to identify four anonymous bloggers who commented on his expulsion from a rabbinical council and his dismissal from his synagogue over allegations that he had abused his religious authority to have sexual relations with congregants, Orthodox rabbi Mordechai Tendler has issued a new subpoena to Google demanding identification of the same bloggers (plus one more).   Invoking the First Amendment’s protection for the right to speak anonymously and the many court decisions holding that compelled identification is impermissible without compelling reasons, the bloggers have moved to quash the subpoena. 

In the 2006 proceedings, Tendler contended that he needed to know who the bloggers were so that he could sue them for defamation over such posts as this and this.  After Public Citizen and EFF teamed up to seek to have his subpoena proceeding treated as a SLAPP suit, Tendler withdrew those subpoenas, but the California trial court still awarded attorney fees against Tendler for forcing the bloggers to defend themselves.  This award was overturned on appeal, because the court held that a subpoena proceeding in support of a lawsuit in a different state is not a "cause of action" subject to the anti-SLAPP statute.  Tendler then issued a press release proclaiming that he was free to reinstitute the subpoenas to pursue his defamation claims.   

Norm Silber on Whether Consumer Credit Agreements Should be Required to Have Force Majeure Provisions

Norman I. Silber of Hofstra has written Debts, Disasters, and Delinquencies: The Case for a Mandatory Force Majeure Provision in Consumer Credit Agreements. 34 N.Y.U. Rev.L. & Social Change 1 (2010). Here's the abstract:

This article addresses inequities in the apportionment of losses that arise when traditional rules of consumer finance are applied to enforce payment obligations that accrue during and after catastrophes. Disasters lead inevitably to job losses, property destruction, inhibited access to homes and workplaces, and problems with debt repayment. In the wake of such devastation, fees and interest charges mount, and payment defaults increase. The author argues that hardships and social distress can be mitigated, and losses more equitably allocated, by mandating the inclusion of a force majeure provision in consumer agreements.

Gail Hillebrand of Consumers Union Joins CFPB

Story here.  Another excellent hire.  (HT: Ted Mermin)

GOP Statement on Consumer Protection

by Jeff Sovern

The Republican National Committee released a white paper today that included this comment on consumer protection:

Republicans believe that markets make for efficient economies.  But we also acknowledge that in rare circumstances, as demonstrated by the 2008 economic crisis, some regulation is needed so that markets function appropriately.  In that light, we support appropriate consumer protection laws.  We are prepared to work with our colleagues across the aisle in a bipartisan way that does not seek to score political points at the expense of good law-making to insure that the nation’s consumer protection laws serve both consumers and industry.  Our goal must be to enable consumers to have the information they need to make wise decisions about their purchases.

April Fool!  But wouldn’t it be nice?

Consumer Protection Matters: Highway Traffic Deaths at Lowest Level in More Than 60 Years

A combination of safety factors -- safer vehicles (prompted by government rules), more seat belt use (prompted by government rules, increased enforcement, and public education), and less drunk driving (prompted by government rules, increased enforcement, and an all-out public awareness campaign) -- have come together to bring the number of highway traffic deaths, in absolute numbers, to their lowest level since 1949. That's astounding given the immense increases over the period in the number of drivers and miles driven and the increased speeds at which people drive. A triumph of government regulation that is hard to overstate. Here is the National Highway Traffic Safety Administration's press release, which links to various reports and data.