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Jeff Sovern
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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
Michelle Boardman of George Mason has written Consent and Sensibility: A Review of Margaret Jane Radin's Book, 'Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law,' 127 Harvard Law Review 1967 (2014). Here is the abstract: In this... Continue reading
Posted Jul 4, 2014 at CL&P Blog
by Jeff Sovern The CFPB Monitor blog has a post titled Industry trade groups urge OMB not to approve CFPB arbitration telephone survey about a filing by the American Bankers Association, the Consumer Bankers Association and the Financial Services Roundtable.... Continue reading
Posted Jul 3, 2014 at CL&P Blog
Christopher R. Drahozal of Kansas has written AAA Consumer Arbitration, forthcoming in Beyond Elite Law: Access to Civil Justice for Americans of Average Means (Samuel Estreicher & Joy Radice eds. Cambridge University Press). Here's the abstract: This chapter has provided... Continue reading
Posted Jul 3, 2014 at CL&P Blog
by Jeff Sovern In its ongoing efforts to weaken the CFPB and consumer protection generally, the House Financial Services Comittee's Subcommittee on Financial institutions and Consumer Credit held a hearing on May 21 on eleven bills. I will talk in... Continue reading
Posted Jul 2, 2014 at CL&P Blog
by Jeff Sovern Back in April, the American Tort Reform Association had a roundtable discussion about UDAP statutes with FTC Commissioner (and former George Mason professor) Joshua Wright, Joanna Shepherd-Bailey of Emory, Peter Holland of Maryland Law School, and Cary... Continue reading
Posted Jun 29, 2014 at CL&P Blog