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Jeff Sovern
Recent Activity
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 6 days ago 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 7 days ago 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
So says the Times. Not so much as before the Great Recession, and they're called non-qualified mortgages now, and maybe you can't get so-called "liar's loans" or negative amortization loans, but those with weak credit ratings can get mortgages again. Continue reading
Posted Jun 29, 2014 at CL&P Blog
Christopher R. Drahozal of Kansas has written FAA Preemption after Concepcion, 35 Berkeley Journal of Employment and Labor Law 153 (2014, Forthcoming). Here is the abstract: AT&T Mobility LLC v. Concepcion is an important case for its holding that the... Continue reading
Posted Jun 27, 2014 at CL&P Blog
Here. A TV comic excursion into the law of supplements (HT: Charles Shafer). Continue reading
Posted Jun 24, 2014 at CL&P Blog
Catherine M. Sharkey of NYU has written Agency Coordination in Consumer Protection, 2013 University of Chicago Legal Forum 329. Here's the abstract: The federalization of consumer protection has created thorny issues of agency coordination. When multiple federal agencies interpret and... Continue reading
Posted Jun 20, 2014 at CL&P Blog
Tess Wilkinson‐Ryan of Penn has written A Psychological Account of Consent to Fine Print, 99 Iowa Law Review 1745 (2014). Wilkinson-Ryan has a Ph.D in psychology as well as a law degree, and so brings to bear a different perspective... Continue reading
Posted Jun 17, 2014 at CL&P Blog
by Jeff Sovern Last March, the CFPB Monitor Blog, announced that "a group of representatives from across a variety of industries met to discuss the formation of a Research Integrity Council (RIC), the purpose of which will be to make... Continue reading
Posted Jun 14, 2014 at CL&P Blog
by Jeff Sovern Our casebook includes a problem raising the question of whether discrimination against same sex couples in the granting of credit violates ECOA (some states have statutes explicitly barring discrimination on the basis of sexual orientation, see, e.g.,... Continue reading
Posted Jun 13, 2014 at CL&P Blog
Brian posted earlier about the Supreme Court's POM Wonderful decision but I thought readers of the blog might also be interested in the views of my co-author, Dee Pridgen: POM Wonderful, the makers of pomegranate juice dietary supplement products, scored... Continue reading
Posted Jun 12, 2014 at CL&P Blog
by Jeff Sovern That's the question raised by my letter in the Times. Here's the relevant portion of the letter: Candice Anderson was charged with manslaughter and ultimately pleaded guilty to criminally negligent homicide for an accident leading to the... Continue reading
Posted Jun 10, 2014 at CL&P Blog
by Jeff Sovern A lot has happened in consumer law in the last half-dozen years: To name only some of the highlights. consumer protection failures contributed to the Great Recession; Congress passed the Credit CARD Act in 2009 and the... Continue reading
Posted Jun 8, 2014 at CL&P Blog
Daniel A. Austin of Northeastern has written Student Loan Debt in Bankruptcy: An Empirical Assessment, forthcoming in the Suffolk Law Review. Here's the abstract: Education loan debt in the U.S. recently reached $1.2 trillion. Thirty-nine million Americans -- nearly 20%... Continue reading
Posted Jun 7, 2014 at CL&P Blog
Chris Jay Hoofnagle and Jennifer M. Urban, both of Berkeley, have written Alan Westin's Privacy Homo Economicus, 49 Wake Forest Law Review 261 (2014). Here's the abstract: Homo economicus reliably makes an appearance in regulatory debates concerning information privacy. Under... Continue reading
Posted Jun 6, 2014 at CL&P Blog