Consumer Law & Policy Blog

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Thursday, November 12, 2015

"Could Your Social Media Footprint Step On Your Credit History?"

...asks a story from NPR's Morning Edition this morning. A recent story in the Financial Times (entitled "Being 'wasted' on Facebook may damage your credit score" but behind a paywall) suggests this is a possibility, although the credit reporting industry denies it.

Listen to an analysis of the ways in which various information is, or might be, used here.

Posted by Scott Michelman on Thursday, November 12, 2015 at 10:46 AM | Permalink | Comments (0)

Wednesday, November 11, 2015

NYT reporters discuss reporting for their arbitration series

Check out this podcast, in which the reporters behind the NYT's broad and thoughtful three-part series on arbitration last week, discuss their experience reporting the story.

Posted by Scott Michelman on Wednesday, November 11, 2015 at 04:01 PM | Permalink | Comments (0)

Congressional Research Service on regulatory secrecy

More than 70% of the 7,000-plus meetings of federal advisory committees in 2014 were conducted behind closed doors, according to a recent study by the Congressional Research Service. The committees influence federal regulatory policy by advising federal agencies, and the committees often include industry representatives.

The Hill covers the CRS report here; the report itself is here.

Posted by Scott Michelman on Wednesday, November 11, 2015 at 03:53 PM | Permalink | Comments (0)

American Banker: Why that Orwellian Anti-CFPB Ad Could Backfire

Allison posted yesterday about the anti-CFPB ad.  The American Banker's Rachel Witkowski and Rob Blackwell have more here. Among their reasons for saying it could backfire: "the ad is over the top;" "Consumer credit isn't tighter since the CFPB's creation;" and "The ad's sponsor has connections to a company under investigation by the CFPB."

Posted by Jeff Sovern on Wednesday, November 11, 2015 at 12:50 PM in Advertising, Consumer Financial Protection Bureau | Permalink | Comments (0)

Tuesday, November 10, 2015

Tyson Foods v. Bouaphakeo argued in the Supreme Court

This morning, the Supreme Court considered whether a group of workers at an Iowa meat-processing plant appropriately proceeded as a class on their federal and state wage-and-hour claims where their proof of the amount of hours worked was based in part on an expert time study because the company failed to keep legally required records of the time the employees worked.

The case (in which Public Citizen was co-counsel for the plaintiffs) has important implications for both class action law and wage-and-hour law.

SCOTUSBlog covers the argument here. You can read our brief and find more information about the case here. The transcript of the argument is here.

Posted by Scott Michelman on Tuesday, November 10, 2015 at 03:42 PM | Permalink | Comments (0)

The Medicaid expansion map

As our readers will recall, under the Supreme Court's decision in NFIB v. Sebelius, the Affordable Care Act's very significant expansion of the Medicaid program will not operate in any state unless the state opts in. If a state does not opt in, its residents cannot benefit from the expansion.

Under the expansion, almost everyone with incomes at or below 133% of the federal poverty line is entitled to comprehensive government-provided health insurance. Without the expansion, entitlement ends at considerably lower income levels, and, generally, childless, non-disabled adults are not eligible at all. Under the ACA, the federal government funds the great majority of the expansion's cost.

So far, 31 states have opted for Medicaid expansion; 19 states are not currently considering expansion at all; and one state (Utah) is currently considering whether to opt in.

It's been well publicized that most states that have opted for expansion are located along the mid-Atlantic and west coasts, in the northeast and north central U.S., and in the southwest. Most southern and heartland states have stayed away.  But when one actually looks at a Medicaid-expansion map (below), the geographic coverage differences by region seem starker. (Only one state that seceded from the Union -- Arkansas -- has opted in.)

If low-income people with Medicaid coverage are healthier than low-income people who lack insurance -- and that's the idea of ACA Medicaid expansion -- have we created (or are we further engraining) a nation divided geographically by the health of its people? 
Current-status-of-the-medicaid-expansion-decisions-healthreform1

 

Posted by Brian Wolfman on Tuesday, November 10, 2015 at 03:30 PM | Permalink | Comments (0)

Conservative group to run television ads attacking CFPB

The Wall Street Journal reports:

Most Americans have probably never heard of the Consumer Financial Protection Bureau. Many will learn about it on Tuesday night when millions tune in to watch the next Republican presidential debate.

The American Action Network, a right-leaning advocacy group that has spent heavily to elect Republicans, plans to blanket the Fox Business airwaves during the debate, which is co-sponsored by The Wall Street Journal, with a new ad criticizing the agency created in the wake of the 2008 financial crisis.

According to the article, the ad will run seven times during the debate and all week on Washington, DC cable stations. "The whole campaign has a $500,000 price tag and could be the opening salvo of a much broader fight over the impact of regulations on everyday Americans."

The WSJ article (subscriptiuon may be required) is here.

Posted by Allison Zieve on Tuesday, November 10, 2015 at 02:28 PM | Permalink | Comments (0)

FDA requests comment on use of "natural" on food labels

Recent years have brought lots of litigation about food products that are labeled as "all natural" but contain highly processed or "unnatural" ingredients. Dating back much further, the Food and drug Administration has long acknowledged the confusing and even misleading use of the term, but until today, the agency had not used its regulatory authority to define what it means for a food to be "all natural." Today, the FDA announced:

Because of the changing landscape of food ingredients and production, and in direct response to consumers who have requested that the FDA explore the use of the term “natural,” the agency is asking the public to provide information and comments on the use of this term in the labeling of human food products. ....

Although the FDA has not engaged in rulemaking to establish a formal definition for the term “natural,” we do have a longstanding policy concerning the use of “natural” in human food labeling. The FDA has considered the term “natural” to mean that nothing artificial or synthetic  (including all color additives regardless of source) has been included in, or has been added to, a food that would not normally be expected to be in that food.  However, this policy was not intended to address food production methods, such as the use of pesticides, nor did it explicitly address food processing or manufacturing methods, such as thermal technologies, pasteurization, or irradiation.

Specifically, the FDA asks for information and public comment on questions such as:

  • Whether it is appropriate to define the term “natural,”
  • If so, how the agency should define “natural,” and
  • How the agency should determine appropriate use of the term on food labels.

The FDA's request for comments is here.

 

Posted by Allison Zieve on Tuesday, November 10, 2015 at 02:18 PM | Permalink | Comments (2)

Video: Shopping at CarMax? Beware of Unsafe Recalled Cars!

Here.

Posted by Jeff Sovern on Tuesday, November 10, 2015 at 09:49 AM in Auto Issues | Permalink | Comments (0)

Monday, November 09, 2015

Public Citizen's Global Trade Watch on text of Trans-Pacific Partnership

The text of the is out -- finally -- and it's "worse than we thought," according to a Public Citizen analysis.

Among the lowlights, according to Public Citizen, are "New Rights for Fossil Fuel Corporations to Challenge Climate Protections"; "Constraints on Food Safety Provisions"; "Opportunities for Drug Firms to Contest Medicine Purchasing and Pricing Decisions"; and expansion of the controversial Investor-State Dispute Settlement (ISDS) regime that "elevat[es] individual foreign corporations to equal status with the 12 sovereign governments signing the deal."

Read the full analysis here. For prior discussion on this blog of ISDS, see here.

Posted by Scott Michelman on Monday, November 09, 2015 at 06:35 PM | Permalink | Comments (1)

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