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Jeff Sovern
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Here. She also offered ways to deal with the privacy policies, including what terms to search for to cut the reading down to thirty or forty yards. Continue reading
Posted 4 hours ago at CL&P Blog
by Jeff Sovern Allison blogged earlier about Kate Berry's American Banker article, CFPB signals pullback on discrimination cases. I wanted to say a bit more about this area. Depending on how you count, there are basically three ways to prove... Continue reading
Posted yesterday at CL&P Blog
Here, in the Daily News. Excerpt: Mulvaney once called the bureau a "sad, sick joke" and co-sponsored a bill to eliminate it. The solution he has adopted to run an agency he thinks should not exist is to "be a... Continue reading
Posted 2 days ago at CL&P Blog
by Jeff Sovern When the Bureau fined Wells Fargo $1 billion, it did so using its power to prohibit unfair practices in 12 USC 5531(c), 5536(a)(1)(B). (see pages 9 and 12 of the consent order). House Financial Services Committee Chair... Continue reading
Posted 3 days ago at CL&P Blog
by Jeff Sovern At the Teaching Consumer Law conference, on Friday, I asked questions of those who have taught consumer law recently or intend to teach it in the near future. The questions, in a somewhat different form because of... Continue reading
Posted 4 days ago at CL&P Blog
by Jeff Sovern Last Thursday, I posted on the blog Republican FTC Commissioners Name Payday Lender Lawyer to Run Consumer Protection Bureau Over Dem Commissioners' Objections. Alan Kaplinsky posted in response A reply to Professor Sovern, in which he wrote... Continue reading
Posted 5 days ago at CL&P Blog
Rory Van Loo of BU has written Regulatory Police, forthcoming in the Columbia Law Review. Here is the abstract: The front line for business regulation — Environmental Protection Agency (EPA) engineers, Consumer Financial Protection Bureau (CFPB) examiners, and Nuclear Regulatory... Continue reading
Posted 7 days ago at CL&P Blog
Brian Feinstein of Penn's Wharton School has written Judging Judicial Foreclosure, 15 Journal of Empirical Legal Studies, 406 (2018). Here is the abstract: For the third time in the last several decades, policymakers are contemplating an overhaul of mortgage‐finance regulations.... Continue reading
Posted 7 days ago at CL&P Blog
David L. Noll of Rutgers has written Public Litigation, Private Arbitration? 18 Nev. L.J. 477 (2018). Here is the abstract: How should legal disputes be allocated between litigation and arbitration? Given strong incentives for many actors to arbitrate everything, the... Continue reading
Posted 7 days ago at CL&P Blog
by Jeff Sovern The NY Times has the story here. Excerpt: The director, Andrew M. Smith, has recently represented Facebook, Uber and Equifax — all companies with matters before the commission — and plans to recuse himself from dozens of... Continue reading
Posted May 17, 2018 at CL&P Blog
by Jeff Sovern Industry lawyer Thomas B. Hudson of Hudson Cook has authored Arbitration Agreements: Not Always Good All the Time for AutoDealer Today, in which he writes: An arbitration agreement is the dealer’s first and best line of defense... Continue reading
Posted May 17, 2018 at CL&P Blog
We have received the following announcement: The Pound Civil Justice Institute will make a Civil Justice Scholarship Award, bi-annually as possible, to recognize current scholarly legal research and writing focused on topics in civil justice, including access to justice and... Continue reading
Posted May 16, 2018 at CL&P Blog
Catherine Piché of the University of Montreal has written The Coming Revolution in Class Action Notices: Reaching the Universe of Claimants Through Technologies. Here's the abstract: This paper will address whether a correlation may be drawn between the types and... Continue reading
Posted May 16, 2018 at CL&P Blog
We've received the following call for papers: Submission Due Date: Sunday, June 17, 2018 at midnight The Rappaport Center for Law and Public Policy, Boston College Law School, and the National Consumer Law Center are pleased to announce a symposium... Continue reading
Posted May 14, 2018 at CL&P Blog
by Jeff Sovern Acting CFPB Director Mick Mulvaney doubles as OMB director, meaning that he is doing two full-time jobs, and that therefore the CFPB does not have a full-time director. But the next director may be at the Bureau... Continue reading
Posted May 12, 2018 at CL&P Blog
by Jeff Sovern One of my students told me about Tinder's new retroactive arbitration clause which, of course, includes a class action waiver. As with many such contracts, consumers accept it by using the service, regardless of whether they have... Continue reading
Posted May 11, 2018 at CL&P Blog
by Jeff Sovern Alan Kaplinsky and Chris Willis, on the one hand, and Adam Levitin, on the other, have been dueling over the impact of Congress’s use of the Congressional Review Act to disapprove of the CFPB’s Indirect Auto Lending... Continue reading
Posted May 9, 2018 at CL&P Blog
by Jeff Sovern Glen Thrush has an article in the Times headlined Mulvaney Demotes Unit That Polices Student Loans in Consumer Bureau Reshuffle. Excerpt: The change comes at a critical moment in the agency’s effort to rein in abuses in... Continue reading
Posted May 9, 2018 at CL&P Blog
by Jeff Sovern It sounds like the House will vote on, and presumably pass, the Senate bill as is. In return, the Senate will take up certain as-yet-unidentified House bills that passed by a margin of at least two-thirds, meaning... Continue reading
Posted May 8, 2018 at CL&P Blog
Joseph Lawler reports in the Washington Examiner. Excerpt: [T]he resolution passed Tuesday raises a tricky legal question regarding what it means for Congress to disapprove of informal guidance that an agency sends to businesses. When Congress disapproves of a rule... Continue reading
Posted May 8, 2018 at CL&P Blog
Adam Levitin has written about what this means--or doesn't mean--at Credit Slips. Continue reading
Posted May 7, 2018 at CL&P Blog
Here, in the LA Times. The headline reads White House-backed bill purports to strengthen consumer protection. It does the opposite. Excerpt: California's credit-freeze law, for example, says no one can access your credit file if a freeze is in place,... Continue reading
Posted May 4, 2018 at CL&P Blog
by Jeff Sovern During the House Financial Services Committee hearing in which the Committee heard from CFPB Acting Director Mick Mulvaney, there was some discussion about how the number of CFPB staffers had barely gone down under Mr. Mulvaney's leadership--it... Continue reading
Posted May 3, 2018 at CL&P Blog
by Jeff Sovern It remains unclear whether the House would simply pass the Senate bill (which seems more likely after recent remarks by House Financial Services Chair Hensarling) or whether the two chambers will negotiate changes, but Reuters reports here... Continue reading
Posted May 2, 2018 at CL&P Blog
by Jeff Sovern On April 18, the Senate Commerce Committee held a hearing on Robocalls. Among the witnesses was Adrian Abramovich, against whom the FCC has filed a forfeiture proceeding in which it seeks a penalty of $120 million. Abramavich,... Continue reading
Posted May 1, 2018 at CL&P Blog