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Jeff Sovern
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Here. Excerpt: * * * Congressmen Steve Womack (AR-3) and Tom Graves (GA-14) wrote an amendment to an appropriations bill that ignores all the evidence in the [2015 CFPB Arbitration] report. Unsurprisingly, they both have received consistent financial support for... Continue reading
Posted 5 days ago at CL&P Blog
Guest Post by Professors David Horton & Andrea Cann Chandrasekher: We recently posted our draft article, After the Revolution: An Empirical Study of Consumer Arbitration, 104 Geo. L.J. -- (forthcoming 2015) on the Social Science Research Network. On June 22,... Continue reading
Posted Jun 24, 2015 at CL&P Blog
Posted Jun 24, 2015 at CL&P Blog
Amy Schmitz of Colorado has written Secret Consumer Scores and Segmentations: Separating Consumer 'Haves' from 'Have-Nots', Michigan State Law Review, p. 1411 (2014). Here is the abstract: “Big Data” is big business. Data brokers profit by tracking consumers’ information and... Continue reading
Posted Jun 23, 2015 at CL&P Blog
Ahmed E. Taha of Pepperdine has written Selling the Outlier, forthcoming in the Journal of Corporation Law. Here is the abstract: Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used... Continue reading
Posted Jun 21, 2015 at CL&P Blog
Rena I. Steinzor of Maryland and the Center for Progressive Reform has written (Still) 'Unsafe at Any Speed': Why Not Jail for Auto Executives? Harvard Law & Policy Review (Forthcoming). Here's the abstract: Americans can be forgiven for wondering what... Continue reading
Posted Jun 19, 2015 at CL&P Blog
by Jeff Sovern CFPB Monitor is reporting: [T]he House Appropriations Committee has approved an amendment to the FY 2016 Financial Services Appropriations bill that would impose new requirements on the CFPB before it can issue a rule governing arbitration agreements.... Continue reading
Posted Jun 18, 2015 at CL&P Blog
. . . in the Southwestern Law Review, as reported with links to pdfs by the ContractsProfBlog. Continue reading
Posted Jun 15, 2015 at CL&P Blog
David Horton and Andrea Cann Chandrasekher both of California, Davis, have written After the Revolution: An Empirical Study of Consumer Arbitration, 104 Georgetown Law Journal (Forthcoming 2015). Here's the abstract: For decades, mandatory consumer arbitration has been ground zero in... Continue reading
Posted Jun 14, 2015 at CL&P Blog
William J. Woodward Jr.of Santa Clara has written Contraps, 66 Hastings Law Journal (2015). Here is the abstract: Forms that purport to govern consumer transactions are a central component of our modern consumer economy. They are routinely enforced because consumers... Continue reading
Posted Jun 13, 2015 at CL&P Blog
by Jeff Sovern In Mohamed v. Uber, the federal district court for the Northern District of California said no. Opt-out clauses appear in contracts and give the contracting parties the right to opt-out of arbitration to resolve disputes within a... Continue reading
Posted Jun 12, 2015 at CL&P Blog
by Jeff Sovern I am working on a survey designed to determine consumer awareness of the Fair Debt Collection Practices Act validation notice. The plan is to show respondents a debt collection letter that includes a standard validation notice, and... Continue reading
Posted Jun 10, 2015 at CL&P Blog
Here. (HT: Matt Bruckner). Excerpt: After studying overdraft fees for more than three years, the Consumer Financial Protection Bureau is leaning against subjecting banks to tough new rules that would cap the size of charges or limit how frequently they... Continue reading
Posted Jun 9, 2015 at CL&P Blog
Sternlight has been writing about arbitration for years, and has some interesting comments about the Supreme Court's opinion last week in Sharif at the Indisputably blog. An excerpt: The Supreme Court’s most recent Article III decision, Wellness Int’l v. Sharif... Continue reading
Posted Jun 2, 2015 at CL&P Blog
Here. An excerpt: The American Bankers Association, however, says its members aren’t ready. And it blames the vendors who supply the software and system upgrades needed for regulatory compliance. In a survey released earlier this month, 79 percent of responding... Continue reading
Posted May 31, 2015 at CL&P Blog
by Jeff Sovern Some years ago, I wrote an article in which I speculated that disclosing to consumers that consumers rarely redeem rebates might cause consumers to disregard rebate offers. Better-known scholars, like Ian Ayres and Oren Bar-Gill, have expressed... Continue reading
Posted May 29, 2015 at CL&P Blog
by Jeff Sovern The University of Montana Law School (where my colleague and co-author of the St. John's Arbitration Study, Paul Kirgis, is heading to take up the deanship) has just announced a $10 million gift by alum Alexander "Zander"... Continue reading
Posted May 24, 2015 at CL&P Blog
Lauren E. Willis of Loyola Los Angeles has written what looks like another important article, The Consumer Financial Protection Bureau and the Quest for Consumer Comprehension. Here is the abstract: To ensure that consumers “understand [financial products’] costs, benefits, and... Continue reading
Posted May 23, 2015 at CL&P Blog
by Jeff Sovern Senator Shelby, chair of the Senate Banking Committee, Housing and Urban Affairs Committee, has released a discussion draft of “The Financial Regulatory Improvement Act of 2015.” The draft provides in Section 117, that the CFPB's new mortgage... Continue reading
Posted May 16, 2015 at CL&P Blog
Dennis D. Hirsch of Capital has written That's Unfair! Or Is It? Big Data, Discrimination and the FTC's Unfairness Authority, 103 Kentucky Law Journal (2015). Here is the abstract: Big data and data analytics (“big data”) can produce many social... Continue reading
Posted May 1, 2015 at CL&P Blog