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Jeff Sovern
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by Jeff Sovern From a BBC News report: The average Norwegian has 33 apps, the Norwegian Consumer Council says, whose terms and conditions together run longer than the New Testament. To prove the "absurd" length, the council got Norwegians to... Continue reading
Posted 5 days ago at CL&P Blog
A few weeks ago, we posted an item headed Announcement for Students and Others:Antitrust and Consumer Protection State Legislation Monitoring Initiative. The deadline for submissions has been moved to June 10. For convenience, I've reposted the announcement below the fold.... Continue reading
Posted 6 days ago at CL&P Blog
by Jeff Sovern The House Committee on Appropriations Subcommittee on Financial Services has released the draft of a bill it is considering that would hamstring the CFPB and at least temporarily preserve pre-dispute arbitration clauses, among other things. Here is... Continue reading
Posted 6 days ago at CL&P Blog
Here. In the Maryland Bar Journal. And here is the abstract: This article examines current trends in debt buyer litigation, including a review of recent regulatory actions and the impact of debt buyer lawsuits on individual consumers and on small... Continue reading
Posted 6 days ago at CL&P Blog
by Jeff Sovern A press release is here. ALTA is the American Land Title Association. I haven't read the study (I couldn't find the actual report of the study on the web site), but it reports an increase in consumers... Continue reading
Posted 7 days ago at CL&P Blog
Christopher Lewis Peterson of Utah has written Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, forthcoming in the Tulane Law Review. Here's the abstract: In the aftermath of the U.S. financial crisis, Congress created a new federal agency —... Continue reading
Posted May 23, 2016 at CL&P Blog
Here. Excerpt: The campaign is being run by Lincoln Strategy Group, a political consulting firm Tempe, Ariz. Its founder, Nathan Sproul, has been linked to several instances of suspected voter fraud and barred from Republican Party contracts. The company also... Continue reading
Posted May 23, 2016 at CL&P Blog
Well, on the July 2015 MPT anyway. Go here, then scroll down to the Bryan Carr problem beginning on page nine for a problem drawing on the Truth in Lending Act. (HT: Genevieve Hebert Fajardo) Continue reading
Posted May 23, 2016 at CL&P Blog
Posted May 21, 2016 at CL&P Blog
Aaron Perzanowski of Case Western Reserve and Chris Jay Hoofnagle of Berkeley have written What We Buy When We 'Buy Now', 165 University of Pennsylvania Law Review (Forthcoming 2017), Here's the abstract: Retailers such as Apple and Amazon market digital... Continue reading
Posted May 21, 2016 at CL&P Blog
Aditi Bagchi of Fordham has written At the Limits of Adjudication: Standard Terms in Consumer Contracts in Comparative Contract Law (eds. DiMatteo & Hogg, (UP, 2015). Here is the abstract: This chapter first identifies three features of standard form contracts... Continue reading
Posted May 18, 2016 at CL&P Blog
by Jeff Sovern Yesterday the Supreme Court decided the Sheriff case. One oddity about the case has to do with whether immaterial misrepresentations give rise to liability under the FDCPA. Several circuits have held that misrepresentations have to be material... Continue reading
Posted May 17, 2016 at CL&P Blog
Here. SCOTUSBlog coverage by Ronald Mann here. And for more commentary on Spokeo, see Paul Bland's thoughts here. Continue reading
Posted May 16, 2016 at CL&P Blog
The added witnesses are Jason S. Johnston of Virginia School of Law and Dong Hong, VP and Regulatory Counsel, Consumer Bankers Association. A link to Johnston's article on class actions is included in the post just below this one. Johnston... Continue reading
Posted May 15, 2016 at CL&P Blog
Sarah Rudolph Cole has written The Federalization of Consumer Arbitration: Possible Solutions, University of Chicago Legal Forum No. 271. Here's the abstract: Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses in contracts with... Continue reading
Posted May 15, 2016 at CL&P Blog
The title of the hearing is "Examining the CFPB’s Proposed Rulemaking on Arbitration: Is it in the Public Interest and for the Protection of Consumers?" It will take place Wednesday, May 18. The witnesses seem not to have been announced,... Continue reading
Posted May 13, 2016 at CL&P Blog
We have been asked to announce this to students: The Consumer Protection and Legislation Committees of the Section of Antitrust Law are looking for volunteers to monitor state antitrust and consumer protection legislative developments and when appropriate, draft short legislative... Continue reading
Posted May 12, 2016 at CL&P Blog
by Jeff Sovern Jean Sternlight of UNLV is circulating an impressive and well-argued letter for law professors to sign supporting the CFPB's proposed arbitration regulation. According to my count, 139 have already signed it. If you would like to add... Continue reading
Posted May 11, 2016 at CL&P Blog
The vote was supposedly to take place on May 4--two days ago--but I can't find a record of it on the FCC web site. (HT: Norm Silber). Continue reading
Posted May 6, 2016 at CL&P Blog
Chris Jay Hoofnagle, FEDERAL TRADE COMMISSION: PRIVACY LAW AND POLICY (2016) Reviewed by Dee Pridgen Chris Hoofnagle has put together an impressive, authoritative and useful treatise on the law of consumer privacy in the U.S. and the role of the... Continue reading
Posted May 5, 2016 at CL&P Blog
Last week I posted something about the latest attack on the CFPB's constitutionality because of its single-director structure and sought comment. Americans for Financial Reform Policy Counsel Brian Simmonds Marshall addressed the issue on the ACS Blog in an informative... Continue reading
Posted May 4, 2016 at CL&P Blog