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Jeff Sovern
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by Jeff Sovern Brian posted earlier that the CFPB has announced a field hearing on arbitration for March 10. Because the CFPB often schedules such hearings when it announces something, it is probably going to release the next installment in... Continue reading
Posted 4 days ago at CL&P Blog
By guest blogger Peter A. Holland In a time of limited resources, perhaps a new model is emerging of joint CFPB/State Attorney General enforcement actions. The recent joint action by the Bureau and Maryland Attorney General Brian Frosh provides a... Continue reading
Posted 6 days ago at CL&P Blog
Cynthia R. Farina, Mary Newhart, and Cheryl L. Blake, all of Cornell, have written The Problem with Words: Plain Language and Public Participation in Rulemaking, George Washington Law Review (2015 Forthcoming). Here's the abstract: The connection between more understandable rulemaking... Continue reading
Posted 7 days ago at CL&P Blog
by Jeff Sovern As law students, law professors, and lawyers know, most law reviews are edited by law students, which means that law students select the articles that appear in their journals. The prime submission season is just underway, and... Continue reading
Posted Feb 19, 2015 at CL&P Blog
By Dee Pridgen The ABA Consumer Protection Conference held February 12 on the campus of the George Washington University in Washington, D.C., focused on the work of the Federal Trade Commission (FTC), as well as the work of advertising self-regulatory... Continue reading
Posted Feb 18, 2015 at CL&P Blog
by Jeff Sovern I'm looking into survey evidence to establish or defend against a claimed violation of the Fair Debt Collection Practices Act for a possible article. If you have conducted such a survey in one of your cases or... Continue reading
Posted Feb 15, 2015 at CL&P Blog
by Jeff Sovern Congress enacted the Dodd-Frank Act in 2010. Since then, law school applications have plummeted by more than 40,000. Therefore, the Dodd-Frank Act must have killed law school applications. At least, that's the conclusion I came to after... Continue reading
Posted Feb 10, 2015 at CL&P Blog
Here. An excerpt: At the center of the regulations being considered, the people familiar with the matter said, is a requirement that lenders assess whether borrowers can repay loans — interest and principal — at the end of a two-week... Continue reading
Posted Feb 9, 2015 at CL&P Blog
Andrew Cheyne, Pamela Mejia, Laura Nixon, and Lori Dorfman, all of the Berkeley Media Studies Group, have written Food and Beverage Marketing to Youth, Current Obesity Reports, September 2014. Here's the abstract: After nearly a decade of concern over the... Continue reading
Posted Feb 8, 2015 at CL&P Blog
Ronald J. Mann of Columbia has written Do Defaults on Payday Loans Matter? Here's the abstract: This essay examines the effect on a borrower’s financial health of failure to repay a payday loan. Recent regulatory initiatives suggest an inclination to... Continue reading
Posted Feb 7, 2015 at CL&P Blog
by Jeff Sovern Some arbitration clauses provide that consumers can opt out of arbitration if the consumer writes to the company within a certain period of time of entering into the agreement, typically 30-60 days after opening the account. In... Continue reading
Posted Feb 5, 2015 at CL&P Blog
by Jeff Sovern So MSNBC reports here. Here's a quote: Tillis replied: “I don’t have any problem with Starbucks if they choose to opt out of [the hand-washing] policy as long as they post a sign that says ‘We don’t... Continue reading
Posted Feb 4, 2015 at CL&P Blog
by Jeff Sovern RTO kiosks are, as far as I know, a new way to buy/rent goods. In the past, stores specialized in rent-to-own financing/renting, where consumers could agree to rent an item and make payments (typically weekly) for the... Continue reading
Posted Feb 4, 2015 at CL&P Blog
by Jeff Sovern In their book, More Than You Wanted to Know: The Failure of Mandated Disclosure, Omri Ben-Shahar & Carl E. Schneider mention the "Spanish Requirement," a rule that obliged sixteenth century Spaniards to deliver a speech in Spanish... Continue reading
Posted Feb 2, 2015 at CL&P Blog
by Peter Holland In anticipation of the CFPB’s forthcoming study on forced arbitration in consumer contracts, we can expect lots of rhetoric from industry about how arbitration is more consumer friendly than litigation, and that it results in better outcomes... Continue reading
Posted Feb 1, 2015 at CL&P Blog
George Washington is having what looks like a terrific Consumer Protection Conference under the auspices of the ABA Antitrust Section on February 12. More information available here. Among the panels is a debate between my co-author Dee Pridgen and Howard... Continue reading
Posted Feb 1, 2015 at CL&P Blog
by Jeff Sovern Two weeks ago, as Scott posted, the Supreme Court decided Jesinoski v. Countrywide Home Loans, Inc., holding that consumers may rescind under the Truth in Lending Act by so notifying the lender, and that the statute does... Continue reading
Posted Jan 28, 2015 at CL&P Blog
by Jeff Sovern The Faculty Lounge Blog recently posted a census of law professors who post on Twitter. I was disappointed to see that consumer law professors were not really represented on the list (I tweet, but rarely, and then... Continue reading
Posted Jan 26, 2015 at CL&P Blog
by Jeff Sovern As previously reported in The New York Times and CFPB Monitor, a CFPB report based on data in the National Survey of Mortgage Borrowers has found that nearly half of borrowers don't shop for a mortgage. The... Continue reading
Posted Jan 25, 2015 at CL&P Blog
Posted Jan 25, 2015 at CL&P Blog
by Jeff Sovern Peter Holland has an interesting blog post pulling together a lot of the most significant findings of our arbitration study and adding his own commentary. Meanwhile, Ballard Spahr lawyers Alan Kaplinsky, Mark Levin, and Daniel McKenna responded... Continue reading
Posted Jan 22, 2015 at CL&P Blog
by Jeff Sovern In our casebook, we quote a 1982 article that reports on a credit scoring system that took into account, in calculating the score, the first letter of the applicant's last name. Credit scoring has evolved since then... Continue reading
Posted Jan 19, 2015 at CL&P Blog