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Jeff Sovern
Recent Activity
Simon Hedlin has written Calorie Overestimation Bias and Fast Food Products: The Effects of Calorie Labels on Perceived Healthiness and Intent to Purchase. Here's the abstract: In 2014, the United States Food and Drug Administration announced that chain restaurants with... Continue reading
Posted yesterday at CL&P Blog
by Jeff Sovern Some reactions from Politico's Morning Money: TOP EMAIL from Richard Hunt, President & CEO of the Consumer Bankers Association: “Four debates and no Wall Street or bank bashing. Didn't see that coming.” * * * Cowen’s Jaret... Continue reading
Posted 3 days ago at CL&P Blog
by Jeff Sovern The Ninth Circuit reversed the portion of the Facebook, Inc. v. Power Ventures, Inc., case at page 510 of our consumer law casebook, dealing with the CAN-SPAM Act, on the issue of whether the spam was materially... Continue reading
Posted 4 days ago at CL&P Blog
Here. Excerpt: Throughout history, Congress has had to step in to make corporations do the right thing. That’s why we have rules about working conditions. That’s why we have a minimum wage. And that’s why the CFPB was established to... Continue reading
Posted 7 days ago at CL&P Blog
by Jeff Sovern I find Twitter a useful source of information on a wide variety of topics. I'm curious to know whom people follow in the area of consumer law. Sources I find helpful (in no particular order): David Dayen,... Continue reading
Posted Oct 15, 2016 at CL&P Blog
The case is Midland Funding, LLC v. Johnson. SCOTUSBlog describes the issues as: (1) Whether the filing of an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices Act; and... Continue reading
Posted Oct 11, 2016 at CL&P Blog
. . . from Adam Levitin at Credit Slips. I don't usually link to Credit Slips, on the theory that most of our blog readers also read that blog, but this post was too good not to link to. It... Continue reading
Posted Oct 11, 2016 at CL&P Blog
by Jeff Sovern I meant to post this a long time ago, but then I got caught up teaching an intensive class, followed by an overload and didn't get to it. Anyway, here is a comment on the CFPB's proposed... Continue reading
Posted Oct 9, 2016 at CL&P Blog
Richard Marcus of Hastings has written Bending in the Breeze: American Class Actions in the Twenty-First Century, 65 DePaul Law Review (2016). Here's the abstract:: It is always better to have the breeze at your back, but that surely has... Continue reading
Posted Oct 9, 2016 at CL&P Blog
Hillary Clinton gave a speech today in which she hit Wells Fargo's use of arbitration clauses, among other things. Some excerpts: [T]he Wells Fargo scandal shed light on another threat to consumers that we have to address. When the scams... Continue reading
Posted Oct 3, 2016 at CL&P Blog
Here, about 7:30 in, starring the blog's own Brian Wolfman Continue reading
Posted Oct 2, 2016 at CL&P Blog
by Jeff Sovern Here. The article reports GOP criticism of the CFPB in connection with the Wells scandal. Excerpt: “Why does it take the L.A. Times to break this story, when we’re paying federal investigators to investigate?” [House Financial Services... Continue reading
Posted Oct 2, 2016 at CL&P Blog
Here is the Consumer Reports story. Excerpt: If a bank employee opens fake accounts and credit cards in your name, as recently happened at Wells Fargo, you may be charged fees for those fake accounts, which you didn't pay because... Continue reading
Posted Sep 30, 2016 at CL&P Blog
SCOTUSblog has more on the case here. CL&P Blog's co-coordinator Deepak filed the cert petition. Clarification: Brian Wolfman points out that it would be more precise to describe the issue as to how the surcharge ban can be described without... Continue reading
Posted Sep 29, 2016 at CL&P Blog
Jim Hawkins of Houston has written Exploiting Advertising, Law and Contemporary Problems, Forthcoming. Here's the abstract: Advertising’s goal, we all know, is to cause people to spend more money. Often, it exploits bad decision-making to accomplish it. This Article hopes... Continue reading
Posted Sep 26, 2016 at CL&P Blog
by Jeff Sovern The country faces many issues which merit attention during the debates. Among them is consumer protection. Failures of consumer law contributed to 2008's Great Recession. Consumer protection is regularly in the headlines (just ask Wells Fargo or... Continue reading
Posted Sep 25, 2016 at CL&P Blog
by Jeff Sovern As we noted yesterday, on Tuesday, Wells Fargo CEO John G. Stumpf testified before the Senate Banking Committee about the Wells Fargo Customer Fraud Fiasco. Video is available here and Senator Elizabeth Warren's two rounds of questioning,... Continue reading
Posted Sep 22, 2016 at CL&P Blog
Here. Excerpt: Republicans don’t like the Consumer Financial Protection Bureau. They opposed the very idea of the watchdog when Elizabeth Warren first proposed its creation, and they have been trying to defang and defund it ever since Congress made her... Continue reading
Posted Sep 21, 2016 at CL&P Blog
A continuing issue in consumer protection is that disclosures may convey the required information, but consumers may ignore them, so they have no impact. The FTC held a workshop last week to look at how to test disclosures to make... Continue reading
Posted Sep 21, 2016 at CL&P Blog
That's a point made in an op-ed in The Hill, Why Wells Fargo Got Away with It So Long by Public Citizen's Robert Weissman and AFR's Lisa Donner. The whole piece is worth reading, but here's an excerpt: [M]ore than... Continue reading
Posted Sep 20, 2016 at CL&P Blog
by Jeff Sovern Tomorrow, the Senate Banking Committee will hold a hearing on the Wells Fargo unauthorized accounts fiasco. The first witness will be Wells' Chairman and CEO, John G. Stumpf. I hope some Senator asks Mr. Stumpf about the... Continue reading
Posted Sep 19, 2016 at CL&P Blog
The story is here. After stating the name of the customer and the balance, the sign states: Balance Overdue Not Cool Continue reading
Posted Sep 16, 2016 at CL&P Blog
by Jeff Sovern As has been widely reported, last week the CFPB fined Wells Fargo $100 million for setting up phony accounts in consumers' names. But that didn't stop the House Financial Services Committee from voting yesterday on a largely... Continue reading
Posted Sep 14, 2016 at CL&P Blog
From Morning Consult's How Would Democrats Run the Senate Banking Committee?: Remarks over the last year from Sen. Sherrod Brown of Ohio, the committee’s top Democrat, make it clear that Democrats think they stand a chance at facilitating bipartisan legislation... Continue reading
Posted Sep 12, 2016 at CL&P Blog