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Wednesday, March 06, 2019

FDA Commissioner Scott Gottlieb is quitting after about 2 years on the job

Here is the opening of the New York Times article on Gottlieb's resignation:

Scott Gottlieb, the commissioner of the Food and Drug Administration, known for his aggressive efforts to regulate the tobacco and e-cigarette industries, said on Tuesday that he would resign at the end of the month.The reason he gave was family and his weariness with commuting to see his wife and three children, who have remained in their Westport, Conn. home since he took office. But his announcement caught many in Washington and the industries he regulates by surprise and raised questions about whether his push to reduce teenage vaping and lower nicotine levels and ban menthol in cigarettes will continue in an administration that generally has a hands-off approach to business.

For other articles on the surprise resignation, go here, here, here (concerning Gottlieb's "legacy"), and here.

Posted by Brian Wolfman on Wednesday, March 06, 2019 at 07:29 AM | Permalink | Comments (1)

Tuesday, March 05, 2019

Story on employer helping students pay off student loans

This article by Stuart Singer discussed how one company has a program to help students pay off their student loans. According to the Federal Reserve, outstanding student-loan debt was $1.57 trillion in 2018, more than triple the $487 billion in 2006.

Posted by Brian Wolfman on Tuesday, March 05, 2019 at 07:27 AM | Permalink | Comments (0)

Monday, March 04, 2019

The Centers for Disease Control is investigating the dangers of electric scooters

Electric scooters have simply showed up on the streets, placed there by profit-seeking companies, largely or entirely unregulated. Read this story by Sharon Jayson concerning an investigation into the large number of injuries caused by e-scooters currently underway at the Centers for Disease Control. 

Posted by Brian Wolfman on Monday, March 04, 2019 at 08:30 PM | Permalink | Comments (0)

Proving up torts involving self-driving cars via inference

Bryan Casey has written Robot Ipsa Loquitur. Here is the abstract:

Accidents are becoming automated. From self-driving cars to self-flying drones, robots are increasingly colliding with the world. And one of the most pressing questions raised by these technologies — indeed, one of the great regulatory challenges of the coming era — is how the law should account for crashes involving such complex automated systems. By now, many have weighed in, including the field’s luminaries. And, though responses vary, a tentative consensus has emerged on at least one front. Age-old negligence liability is essentially a nonstarter. For negligence requires a showing of fault. And in a world where vexingly complex robots roam, how could one possibly find the needle of negligence in a haystack comprised of millions of lines of computer code?

This Article challenges that view. In sharp contrast to the prevailing wisdom, it argues that widespread debates over the so-called ‘vexing tort problems’ raised by modern robots have overlooked a crucial issue: inference. Negligence, after all, needn’t be shown by pointing directly to a faulty line of code. Like all facts, it can be proven indirectly through circumstantial evidence. Indeed, as the ancient negligence rule of res ipsa loquitur makes plain, sometimes an accident can “speak for itself.”

Using the first robot accused of negligence as a case study, this Article shows how advanced telematics technologies in modern machines provide richly detailed records of accidents that, themselves, speak to the negligence of the parties involved. In doing so, it offers the first wide ranging account of how inference-based analysis can — and, in fact, already does — elegantly resolve liability determinations for otherwise confoundingly complex accidents. After showing that the purportedly novel challenges posed by robots are neither unprecedented, unresolvable, nor even unique to emerging technologies, the Article then takes a more practical turn. Drawing from a rich vein of precedent involving automated accidents, it outlines steps that courts, practitioners, and policymakers can take to streamline fault determinations using an approach it calls robot ipsa loquitur. With trillion-dollar markets and millions of lives on the line, it argues that drastic calls by leading experts to upend conventional liability are ahistorical, contrary to tort law’s fundamental goals, and unnecessary to protect the interests of accident victims. A simpler, more productive approach would let the robot speak for itself.

Posted by Brian Wolfman on Monday, March 04, 2019 at 12:11 PM | Permalink | Comments (0)

States at the forefront of consumer privacy legislation

The American Banker reports on state efforts to pass consumer privacy laws, including laws passed others under consideration. The article is here.

Posted by Allison Zieve on Monday, March 04, 2019 at 10:15 AM | Permalink | Comments (1)

Get the Consumer Product Safety Commission's recall app

The Consumer Product Safety Commission has created a recall app for your mobile phone allowing easy tracking of federal consumer product safety recalls. Get the app here. 

Posted by Brian Wolfman on Monday, March 04, 2019 at 12:47 AM | Permalink | Comments (0)

Credit bureau reform

Last week, the National Consumer Law Center's Chi Chi Wu testified before the House Financial Services Committee on continuing serious problems plaguing the credit reporting industry, including its failure to ensure the accuracy of credit reports. Among other things, the testimony identified these concerns:

  • unacceptable error rates and the myriad types of systemic inaccuracies in credit reports;
  • the travesty of the automated dispute system used by the credit bureaus;
  • the absurdity that credit reports and scores treat consumers who have fallen on hard times as irresponsible deadbeats;
  • systemic racial disparities in credit scoring;
  • the unfair impact of medical debt on credit reports;
  • the problems with use of credit reports for employment purposes, and
  • the deficiencies in data security that led to the massive Equifax data breach, which has not yet been adequately addressed.

NCLC called on Congress and regulators to institute these reforms:

  • a right of appeals for consumers when they disagree with a furnisher or credit bureau about the results of a dispute investigation;
  • stricter matching criteria to ensure that information belonging to one consumer does not get wrongfully mixed into the credit report of another consumer;
  • a requirement that credit bureaus devote sufficient resources to the dispute system and a clarification that they must conduct independent analyses instead of simply parroting what furnishers tell them;
  • a right to seek court orders to compel credit bureaus to fix reports;
  • more control for consumers by requiring that they must proactively authorize the use of their credit reports for credit, insurance and other uses, and
  • a publicly-owned alternative to the credit bureaus.

Read NCLC's press release on the testimony, the testimony itself, and NCLC's comprehensive report on the topic entitled Automated Injustice Redux.

 

Posted by Brian Wolfman on Monday, March 04, 2019 at 12:08 AM | Permalink | Comments (1)

Sunday, March 03, 2019

Inside the payday-loan industry's efforts to ditch the CFPB's payday lending rules

Read this article by Renae Merle entitled How a payday lending industry insider tilted academic research in its favor. It explains how payday-loan industry lobbyists bought (and sometimes wrote) research from supposedly independent academics purporting to show that payday loans don't harm consumers.

Oh, and by the way, the payday-loan industry's lobby group "held its 2018 meeting at the Trump National Doral Golf Club near Miami and plans to meet there again this year."

Posted by Brian Wolfman on Sunday, March 03, 2019 at 09:06 AM | Permalink | Comments (0)

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