Challenging CPSC’s Shielding of Commissioners from Removal; IRS Unlawfully Seizes Crypto Data

NCLA Amicus Brief Challenges CPSC’s Unconstitutional Shielding of Commissioners from Removal

NCLA has filed an amicus brief in Window Covering Manufacturers Association v. CPSC, a case before the U.S. Court of Appeals for the D.C. Circuit. The Window Covering Manufacturers Association (WCMA) is challenging a new Consumer Product Safety Commission (CPSC) rule governing the length of cords for custom-made blinds. Petitioners challenge the rule on several grounds, including: a) CPSC’s failure to comply with the Consumer Product Safety Act, and b) the Commission’s unconstitutional structure shielding CPSC commissioners from at-will removal.

Vec interviews NCLA Senior Litigation Counsel Greg Dolin on WCMA v. CPSC.

IRS Unlawfully Seizes Trove of Cryptocurrency Data

NCLA, which represents Plaintiff James Harper in Harper v. Rettig, has filed a response to IRS’s Motion to Dismiss the lawsuit, arguing that IRS violated Mr. Harper’s statutory, Fourth, and Fifth Amendment rights by seizing his documents without probable cause to believe he had under-reported his income or failed to pay tax and by denying him procedural due process to contest the seizure. In November 2016, IRS issued a third-party summons to Coinbase, a large cryptocurrency exchange, demanding that the company turn over the financial records of hundreds of thousands of unnamed customers. This massive trove of documents included not only customer identification information but also records of customer account activity and periodic statements of account.

Mark discusses IRS’s violations of due process in Harper v. Rettig.