Administrative Law

Proposed rules beef up consumer protections in debt collection

The Consumer Financial Protection Bureau on Thursday outlined proposed new rules to rein in third-party debt collectors and debt buyers. The proposed rules require the debt collectors to substantiate the debt before calling consumers; limit their attempted contacts to six times a week; disclose more information about the debt in…

Jul 29, 2016 10:50 AM CDT

Administrative judge’s notes reportedly described claimants as ‘gorilla-like’ and ‘buxom’

An administrative law judge deciding Social Security disability claims included offensive physical descriptions of claimants in his hearing notes, according to a newspaper that received copies of the notes. The administrative judge, John Pleuss, wrote in his notes that one claimant was “very black, African looking woman (actually a gorilla-like…

Jul 6, 2016 8:00 AM CDT

SCOTUS to hear case involving service dog named Wonder

The U.S. Supreme Court has accepted a case involving a Michigan girl with cerebral palsy whose family clashed with her school over her service dog, a goldendoodle named Wonder. The Supreme Court granted cert on Tuesday in the suit filed by the family of the girl identified as “E.F.” The…

Jun 29, 2016 10:30 AM CDT

Net neutrality rules upheld by federal appeals court in ‘slam-dunk’ for FCC

A federal appeals court has upheld rules by the Federal Communications Commission that bar internet providers from speeding up websites that pay a fee, and from slowing down Internet traffic to some consumers. The decision (PDF) on Tuesday by the U.S. Court of Appeals for the D.C. Circuit is “a…

Jun 14, 2016 10:22 AM CDT

Stayed suspension is recommended for ex-judge who filed $54M suit against dry cleaner for lost pants

A hearing committee is recommending a stayed 30-day suspension for a former administrative law judge who sued his dry cleaners for $54 million for allegedly losing his pants. A hearing committee of the D.C. Board on Professional Responsibility recommended (PDF) the stayed suspension for former judge Roy Pearson Jr. based…

Jun 9, 2016 5:45 AM CDT

CFPB announces proposed rule to curb ‘payday debt trap’ lending to consumers

Short-term “payday loans” can potentially be a real benefit to individuals like John Charette. The 47-year-old Maine man, like many Americans, has bad credit and lacks savings. So he took out a $250 payday loan in Portland to update his vehicle registration, knowing that a ticket would cost him even…

Jun 3, 2016 8:00 AM CDT

Law prof sees Title IX ‘collision course’ in federal directives on bathrooms and sexual violence

The Justice Department is citing Title IX to support its directive that public schools must allow transgender students to use bathrooms and locker rooms that match their gender identity. Some schools could respond by opening bathrooms to both genders. But that raises a new question, Harvard law professor Jeannie Suk…

May 26, 2016 7:39 AM CDT

11 states sue feds over new guidelines for restroom and locker room use by transgender individuals

It isn’t just in Illinois and North Carolina that new standards concerning restroom and locker room use by transgender students in schools that receive federal funding have sparked litigation. On Wednesday, a federal lawsuit was filed in Dallas by officials in 11 states against the Obama administration, contending that new…

May 25, 2016 4:48 PM CDT

New overtime pay rules expected to affect millions of workers

New U.S. Department of Labor overtime pay rules provided Wednesday are expected to add millions of workers to the ranks of those who must be paid time-and-a-half when their work week exceeds 40 hours. Announced this week by the White House, the revised rules, which implement the Fair Labor Standards…

May 18, 2016 1:50 PM CDT

FDA will soon regulate e-cigarettes and increase oversight of other tobacco products

In a Thursday announcement, federal officials introduced a finalized rule (PDF) that will for the first time regulate e-cigarettes, as well as strengthen oversight by the U.S. Food and Drug Administration of other tobacco products. As of Aug. 8, the FDA will include e-cigarettes, vape pens, hookahs, pipe tobacco, premium…

May 5, 2016 4:05 PM CDT

CFPB seeks to ban mandatory arbitration of consumer disputes over banking, credit cards and loans

Updated: In a proposed rule (PDF) that could potentially affect hundreds of millions of accounts, the Consumer Financial Protection Bureau is seeking to ban mandatory arbitration clauses in a wide range of consumer contracts. Under the rule, which is to take effect next year after a public comment period, mandatory…

May 5, 2016 9:45 AM CDT

Supreme Court appears divided in challenge to Obama’s deferred deportations

The U.S. Supreme Court on Monday appeared divided in a challenge to President Barack Obama’s authority to defer deportation for millions of immigrants. The court appeared split, with four liberals indicating support for Obama’s executive action and conservatives seeming to side with 26 states that say the president overstepped his…

Apr 18, 2016 12:04 PM CDT

Administrative judge is charged with assaulting colleague

An administrative law judge in Washington, D.C., has been charged with misdemeanor assault for an alleged attack on another judge she accused of barging into her office. Judge Joan Davenport is accused of assaulting Judge Sharon Goodie on March 31, report the Washington Post, WJLA, WSUA and WTOP. Both are…

Apr 6, 2016 9:15 AM CDT

Law firm can’t sue SSA for attorney fees paid to clients, 2nd Circuit says

Sovereign immunity protects the Social Security Administration in a lawsuit by Binder & Binder for attorney fees paid to two clients who later declared bankruptcy, according to a federal appeals court. The agency did not waive sovereign immunity, despite statutory duties to withhold attorney fees from payments to successful claimants,…

Mar 23, 2016 8:28 AM CDT

Gator’s size leads to denied permit for beloved indoor pet

Florida wildlife officials are reviewing a permit application for a pet alligator that wears clothes, rides on a motorcycle and visits elementary schools with its owner. Mary Thorn says her alligator Rambo was only about a foot long when she first acquired a permit for him, ABC News reports. Now…

Mar 18, 2016 10:05 AM CDT