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Jeff Sovern
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In Law360, by Andrew Sandler and Benjamin K. Olson Here is an excerpt: It is not entirely clear whether the Dodd-Frank Act or the [Federal Vacancies Reform Act] controls in these circumstances. The one thing that is clear is that... Continue reading
Posted yesterday at CL&P Blog
David Marcus of Arizona has written The History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994, Fordham Law Review (forthcoming 2018). Here is the abstract: The first era of the modern class action began in 1966, with... Continue reading
Posted yesterday at CL&P Blog
by Jeff Sovern Here is a report on the mortgage default rate from Housing Wire. So we have a low mortgage default rate and record highs in consumer debt, as Brian reported earlier, half a dozen years after creation of... Continue reading
Posted 4 days ago at CL&P Blog
We received the following call for papers: The Innovation Center for Law and Technology at New York Law School and The Center on Law and Information Policy at Fordham University School of Law are pleased to issue this Call for... Continue reading
Posted 4 days ago at CL&P Blog
Here. The article uses Wells Fargo as an example. Here's an excerpt: Will Wells Fargo be held to account for the many ways in which it mistreated its customers? The prospect of governmental action appears to be diminishing, and any... Continue reading
Posted 5 days ago at CL&P Blog
Chris Jay Hoofnagle of Berkeley has written FTC Regulation of Cybersecurity and Surveillance, in The Cambridge Handbook of Surveillance Law (David Gray and Stephen Henderson, eds)(Cambridge University Press 2017). Here's the abstract: The Federal Trade Commission (FTC) is the United... Continue reading
Posted 6 days ago at CL&P Blog
Benjamin P. Edwards of Nevada has written Arbitration's Dark Shadow, Nevada Law Journal, Forthcoming. Here's the abstract: Arbitration has expanded broadly, removing disputes involving entire industries from judicial review. The absence of judicial review plunges these disputes and industries into... Continue reading
Posted 7 days ago at CL&P Blog
Patrick O'Callaghan of University College Cork has written The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States, A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New... Continue reading
Posted Aug 11, 2017 at CL&P Blog
Yonathan A. Arbel of Alabama has written Adminization: Gatekeeping Consumer Contracts, Vanderbilt Law Review, Forthcoming. Here's the abstract: Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau (CFPB)... Continue reading
Posted Aug 10, 2017 at CL&P Blog
by Jeff Sovern The title of the piece, in The New Republic, is The Left’s Misguided Debate Over Kamala Harris. Perhaps non-Californians will be less interested in the parts about Kamala Harris and more interested in the parts about foreclosure... Continue reading
Posted Aug 9, 2017 at CL&P Blog
Julapa Jagtiani and Catharine Lemieux of the Fed have written Fintech Lending: Financial Inclusion, Risk Pricing, and Alternative Information. Here's the abstract: Fintech has been playing an increasing role in shaping financial and banking landscapes. Banks have been concerned about... Continue reading
Posted Aug 9, 2017 at CL&P Blog
by Jeff Sovern Here, in The News-Press. Debt buyers use small claims courts to get judgments to enforce debts even though it is not clear how often those debt buyers can prove the facts pertaining to the debt. Excerpt: Of... Continue reading
Posted Aug 8, 2017 at CL&P Blog
Chuck Muth has written If Congress Won’t Protect Us from Wells Fargo, then at Least Get Out of the Way. Here's an excerpt: Now, as a conservative I fully support the right of private individuals to freely and voluntarily contract... Continue reading
Posted Aug 7, 2017 at CL&P Blog
Posted Aug 7, 2017 at CL&P Blog
Here. Excerpt: [S]upport [to overturn the rule] in the Senate is uncertain. No Democrats are likely to back the effort, and Republicans, with their slim majority, can’t afford to lose more than two GOP votes. Several Republican senators have expressed... Continue reading
Posted Aug 6, 2017 at CL&P Blog
Jean R. Sternlight of the University of Nevada, Las Vegas has written Hurrah for the Consumer Financial Protection Bureau: Consumer Arbitration As a Poster Child for Regulation, 48 St. Mary's Law Journal 343 (2016). Here is the abstract: Drawing on... Continue reading
Posted Aug 5, 2017 at CL&P Blog
by Jeff Sovern According to Politico, President Trump first used the phrase "drain the swamp" in a speech on October 17, 2016, in which he announced an ethics plan to, in fact, drain the swamp. Here's the Washington Post's quote... Continue reading
Posted Aug 4, 2017 at CL&P Blog
Here. Excerpt: Big Lie No. 1: Bank lobbyists claim that people recover more in arbitration than in class actions: $32 per person in class actions versus $5,400 per person in arbitration, citing the CFPB’s study. * * * The very... Continue reading
Posted Aug 3, 2017 at CL&P Blog
Here. Excerpt: A Senate GOP aide said that supporters of the resolution do not have the votes needed to proceed on the floor, given the absence of Sen. John McCain (R-Ariz.), who has returned to Arizona to receive medical treatment... Continue reading
Posted Aug 2, 2017 at CL&P Blog
by Jeff Sovern Results from WalletHub. Some other findings: More than half think banks and credit bureaus need more regulation while 71% think consumers need more financial protection 92% know CFPB stands for Consumer Financial Protection Bureau and 49% would... Continue reading
Posted Aug 2, 2017 at CL&P Blog
by Jeff Sovern Here. My favorite sentence points out that in an average year, "[a]t least 6,800,000 consumers get cash relief in class actions—compared with just 16 consumers who receive cash relief in arbitration, according to available data." Here is... Continue reading
Posted Aug 1, 2017 at CL&P Blog
by Jeff Sovern The Hill reports that Hensarling has demanded an investigation into whether Cordray violated election law. This follows the Financial Services Committee (chaired by Hensarling) staff report saying the Committee should consider holding Cordray in contempt (a story... Continue reading
Posted Jul 31, 2017 at CL&P Blog
by Jeff Sovern Last week, Gretchen Morgenson at the Times broke the story of how hundreds of thousands of auto loan borrowers at Wells Fargo had been charged for car insurance they didn't need. Now Kate Berry at the American... Continue reading
Posted Jul 31, 2017 at CL&P Blog
by Jeff Sovern Here. Biden's Briefing is a podcast which plays "[w]hat Joe wants you to know. Every day, Vice President Joe Biden looks to the news across the nation that's sparking conversation, sharing the articles and opinions that he's... Continue reading
Posted Jul 31, 2017 at CL&P Blog
by Jeff Sovern Law360's Evan Weinberger has the story here. The rule still could be blocked by Congress under the Congressional Review Act or in the courts. One down, two to go. Continue reading
Posted Jul 31, 2017 at CL&P Blog