Victoria Holstein-Childress

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On June 20, 2013, the U.S. Supreme Court issued its much anticipated decision American Express Co. v. Italian Colors Restaurant reflecting its latest views on arbitration agreements. In a 5 to 3 decision (with Justice Sotomayor recused), the Court ruled that a group of merchants were bound by an arbitration agreement that prohibits them from bringing class action claims against American Express, even if the cost of arbitrating antitrust claims on an individual basis is…
On January 31, 2013, 42 Republican Senators joined in a letter to President Obama, warning that they will oppose the confirmation of any nominee to be Director of the Consumer Financial Protection Bureau (“CFPB”), until significant reforms are made to ensure “transparency and accountability” at the Bureau. In particular, the Senators said they “have serious concerns about the lack of congressional oversight of the agency and the lack of normal, democratic checks on its…
Recently, the U.S. Court of Appeals for the Sixth Circuit held that mortgage foreclosure actions are “debt collection” under the Fair Debt Collection Practices Act (FDCPA). Glazer v. Chase Home Finance LLC, No. 10-3416, 2013 WL 141699 (6th Cir. Jan. 14, 2013). In this decision, the Sixth Circuit also held that lawyers who meet the general definition of debt collector under the FDCPA must comply with its provisions when engaged in mortgage foreclosure activities, and…