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Jeff Sovern
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Lauren E. Willis of Loyola Los Angeles has written Performance-Based Consumer Law. Here is the abstract: When firm and consumer interests are not well-aligned, the resulting transactions are often lousy, whether one uses consumer autonomy or consumer welfare as the... Continue reading
Posted 7 days ago at CL&P Blog
by Jeff Sovern I am partial to Lee Child's Jack Reacher novels. I buy the audio books and listen to them while driving, doing mindless chores, etc. In the latest, Personal, Reacher and a companion are discussing the activities of... Continue reading
Posted Sep 11, 2014 at CL&P Blog
Rhonda Wasserman of Pittsburgh has written Future Claimants and the Quest for Global Peace, Forthcoming in 64 Emory Law Journal (2014), Here's the abstract: In the mass tort context, the defendant typically seeks to resolve all of the claims against... Continue reading
Posted Sep 7, 2014 at CL&P Blog
Eric Goldman of Santa Clara and Rebecca Tushnet of Georgetown have written Featuring People in Ads (2014 Edition) from Advertising & Marketing Law: Cases and Materials (2014 edition). Here's the abstract: This is a book chapter from the 2014 edition... Continue reading
Posted Sep 7, 2014 at CL&P Blog
Joel R. Reidenberg, N. Cameron Russell, Alexander J. Callen, Sophia Qasir, and Thomas B. Norton, all of Fordham, have written Privacy Harms and the Effectiveness of the Notice and Choice Framework. Here is the abstract: In the last fifteen years,... Continue reading
Posted Aug 27, 2014 at CL&P Blog
by Jeff Sovern Various advocates have been calling recently for the Postal Service to get back into banking to seve the unbanked or underbanked. The financial industry has largely opposed postal banking, preumably because it doesn't want the competition. One... Continue reading
Posted Aug 19, 2014 at CL&P Blog
by Jeff Sovern You know those bulletin boards you used to see at some doctors' offices with snapshots of babies they had either treated or delivered? Well, last week, the Times ran an article, Baby Pictures at the Doctor’s? Cute,... Continue reading
Posted Aug 18, 2014 at CL&P Blog
Ron Elwood has written The Verdict Is in: Payday Lending Is Guilty as Charged, Clearinghouse Review: the Journal of Poverty Law & Policy. Here's the abstract: The payday loan is symptomatic of the failure to provide access to reasonably priced... Continue reading
Posted Aug 17, 2014 at CL&P Blog
Kevin M. McDonald of VW Credit, Inc. and Kenneth J. Rojc of Nisen & Elliott, LLC have written Automotive Finance: Shifting into Regulatory Overdrive, 69 Bus. Law. 599 (2014). Here is the abstract: As part of the Annual Survey of... Continue reading
Posted Aug 14, 2014 at CL&P Blog
Last year, we posted a link to Omri Ben-Shahar's review of Margaret Jane Radin's Boilerplate. Now she returns the favor by comenting on More Than You Wanted to Know: The Failure of Mandated Disclosure, the book he co-authored with Carl... Continue reading
Posted Aug 10, 2014 at CL&P Blog
The New York Times has run several troubling pieces recently on predatory subprime car lending, most notably here. Today's Times includes an editorial that states: Dealers who can offload loans to banks before the loans fail take the same rapacious... Continue reading
Posted Aug 9, 2014 at CL&P Blog
Kenneth K. Ching of Regent has written What We Consent to When We Consent to Form Contracts: Market Price. Here is the abstract: Contracts require consent, yet no one reads form contracts. So what do we consent to when we... Continue reading
Posted Aug 8, 2014 at CL&P Blog
Anne Fleming of Georgetown has written The Rise and Fall of Unconscionability as the 'Law of the Poor,' 102 Georgetown Law Journal No. 5 (2014). Here's the abstract: What happened to unconscionability? Here’s one version of the story: The doctrine... Continue reading
Posted Aug 4, 2014 at CL&P Blog
by Jeff Sovern An American Banker article this week (behind paywall) noted that payday lending has been the subject of only one percent of the complaints to the CFPB complaint database. According to the article: "The 1% figure for payday... Continue reading
Posted Aug 1, 2014 at CL&P Blog
The "INTERNATIONAL JOURNAL ON CONSUMER LAW AND PRACTICE, published by the National Law School of India University (NLSIU), Bangalore, has issued a call for papers. The deadline is September 1. More information below the fold. Quoting now from the CFP... Continue reading
Posted Aug 1, 2014 at CL&P Blog
Nancy S. Kim of California Western has written Exploitation by Wrap Contracts -- Click 'Agree', 39 California Bar IP Journal, no. 2, pp. 10-17 (2014). Here is the abstract: A spate of news articles involving online agreements has made headlines... Continue reading
Posted Jul 24, 2014 at CL&P Blog
My co-author, Dee Pridgen of Wyoming, took time out from updating her treatise to report on a recent New Mexico decision, State ex rel King v. B&B Investment Group, Inc., 2014 WL 2893304 (N.M. June 26, 2014). Here's her comment:... Continue reading
Posted Jul 23, 2014 at CL&P Blog
by Jeff Sovern Here. The New Media Advocacy Project (N-Map) and Fordham Law School’s Feerick Center for Social Justice in conjunction with MFY Legal Services, Inc., and Pro Bono Net, along with other organizations, have created a series of short,... Continue reading
Posted Jul 22, 2014 at CL&P Blog
Woodrow Hartzog of Samford's Cumberland School of Law and Stanford's Center for Internet and Society and Daniel J. Solove of George Washington have written The Scope and Potential of FTC Data Protection, 83 George Washington Law Review (2015, Forthcoming). Here... Continue reading
Posted Jul 19, 2014 at CL&P Blog
On Monday, Brian posted a link to Linda Mullenix's article, Ending Class Actions as We Know Them. But Professor Mullenix has more thoughts on aggregate litigation, appearing in Reflections of a Recovering Aggregationist, 15 U. Nev. L. Rev., (2014 Forthcoming).... Continue reading
Posted Jul 18, 2014 at CL&P Blog
Debra Pogrund Stark of John Marshall, Jessica M. Choplin a DePaul psychologist, Joseph A. Mikels, also a DePaul psychologist, and Amber Schonbrun McDonnell have written Complex Decision-Making and Cognitive Aging Call for Enhanced Protection of Seniors Contemplating Reverse Mortgages, 46... Continue reading
Posted Jul 17, 2014 at CL&P Blog
by Jeff Sovern Here. To see why it is important to keep the CFPB's budget out of the appropriations process (just as with the other bank regulators), here's an excerpt from one of our posts from 2011 (the more things... Continue reading
Posted Jul 16, 2014 at CL&P Blog
Elizabeth De Armond of Chicago-Kent has written Preventing Preemption: Finding Space for States to Regulate Consumers’ Credit Reports. Here is the abstract: The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder economic opportunities. Many... Continue reading
Posted Jul 10, 2014 at CL&P Blog