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Jeff Sovern
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by Jeff Sovern Last week, Brian posted a link to a NY Times story about the use of devices that auto lenders can activate to prevent a car from starting when a consumer has defaulted on a payment. In response,... Continue reading
Posted 1 hour ago at CL&P Blog
The Times has the story under the headline Tougher Shield for Soldiers Against Predatory Lenders. The proposed regulation closes loopholes like these described in the Times story: The law set a 36 percent interest rate cap on a range of... Continue reading
Posted 2 days ago at CL&P Blog
Raymond H. Brescia and Nicholas M. Martin, both of Albany have written The Price of Crisis: Eminent Domain, Local Governments, and the Value of Underwater Mortgages, forthcoming in 24 Temple Political & Civil Rights Law Review (2014). Here's the abstract:... Continue reading
Posted 5 days ago at CL&P Blog
Michael Lewis at Bloomberg View reports on a This American Life story on 46 hours of tapes secretly recorded by a Fed employee embedded at Goldman Sachs. An excerpt from Lewis's story: * * * In meetings, Fed employees would... Continue reading
Posted 5 days ago at CL&P Blog
by Jeff Sovern Here. The symposium, on Ben-Shahar's and Schneider's More Than You Wanted to Know: The Failure of Mandated Disclosure, has been running since last week and features contributions by names that will be familiar to regular readers of... Continue reading
Posted 7 days ago at CL&P Blog
Lauren E. Willis of Loyola Los Angeles has written Performance-Based Consumer Law. Here is the abstract: When firm and consumer interests are not well-aligned, the resulting transactions are often lousy, whether one uses consumer autonomy or consumer welfare as the... Continue reading
Posted Sep 15, 2014 at CL&P Blog
by Jeff Sovern I am partial to Lee Child's Jack Reacher novels. I buy the audio books and listen to them while driving, doing mindless chores, etc. In the latest, Personal, Reacher and a companion are discussing the activities of... Continue reading
Posted Sep 11, 2014 at CL&P Blog
Rhonda Wasserman of Pittsburgh has written Future Claimants and the Quest for Global Peace, Forthcoming in 64 Emory Law Journal (2014), Here's the abstract: In the mass tort context, the defendant typically seeks to resolve all of the claims against... Continue reading
Posted Sep 7, 2014 at CL&P Blog
Eric Goldman of Santa Clara and Rebecca Tushnet of Georgetown have written Featuring People in Ads (2014 Edition) from Advertising & Marketing Law: Cases and Materials (2014 edition). Here's the abstract: This is a book chapter from the 2014 edition... Continue reading
Posted Sep 7, 2014 at CL&P Blog
Joel R. Reidenberg, N. Cameron Russell, Alexander J. Callen, Sophia Qasir, and Thomas B. Norton, all of Fordham, have written Privacy Harms and the Effectiveness of the Notice and Choice Framework. Here is the abstract: In the last fifteen years,... Continue reading
Posted Aug 27, 2014 at CL&P Blog
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