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Jeff Sovern
Recent Activity
by Jeff Sovern Regular readers of this blog know that I collect instances of people agreeing to contracts without reading them. Among my examples: Chief Justice Roberts, Judge Posner, Hillary Clinton, and consumer law professors. Now I think we can... Continue reading
Posted 13 hours ago at CL&P Blog
Dee Pridgen is seeking a coauthor/collaborator for her two treatises published by Thomson Reuters, Consumer Protection and the Law and Consumer Credit and the Law. These books have been updated yearly for 30 years and are available both in print... Continue reading
Posted 7 days ago at CL&P Blog
by Jeff Sovern The CFPB has announced the new members of its Consumer Advisory Board: the new board has fewer members than the old one--meaning fewer viewpoints are represented--and the members will serve for shorter terms, making it harder for... Continue reading
Posted Sep 10, 2018 at CL&P Blog
Andrea Chandrasekher and David Horton, both of California, Davis, have written Arbitration Nation: Data from Four Providers, 109 California Law Review. Here's the abstract: Forced arbitration has long been controversial. In the 1980s, the Supreme Court expanded the Federal Arbitration... Continue reading
Posted Sep 9, 2018 at CL&P Blog
by Jeff Sovern Remember all the posturing in the congressional hearings and elsewhere after the Equifax breach that affected more than 140 million consumers? But a year later, little has changed, at least in Washington (litigation is still pending). Wouldn't... Continue reading
Posted Sep 6, 2018 at CL&P Blog
We have received the following call for papers appearing below. This one looks especially exciting for consumer law scholars: it's at an elite law school and has an impressive roster of organizers. The Berkeley Center for Consumer Law and Economic... Continue reading
Posted Sep 5, 2018 at CL&P Blog
Shmuel I. Becher of Victoria University of Wellington, Yuval Feldman of Bar-Ilan University and Orly Lobel of San Diego have written Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans in Legal Applications of Marketing Theory, Jacob Gersen... Continue reading
Posted Aug 28, 2018 at CL&P Blog
by Jeff Sovern NPR has a report, including Seth Frotman's resignation letter, here. The letter deserves to be read. Continue reading
Posted Aug 27, 2018 at CL&P Blog
Gerrit De Geest of Washington University in St. Louis has written Rents: How Marketing Causes Inequality. Chapter One is available here. Here is the abstract: This working paper contains the introduction and first chapter of a forthcoming book on the... Continue reading
Posted Aug 14, 2018 at CL&P Blog
by Jeff Sovern This isn't consumer law, strictly speaking, but I thought readers of the blog might be interested to know that the Trump administration's Treasury Department thinks banking is not a financial service. That interpretation has the effect of... Continue reading
Posted Aug 11, 2018 at CL&P Blog
Tamara R. Piety of Tulsa has written Advertising as Experimentation on Human Subjects. Here's the abstract: Within the industry, it is an article of faith that consumers distrust advertising. One reason for that distrust may be that they fear being... Continue reading
Posted Aug 5, 2018 at CL&P Blog
by Jeff Sovern That's the question David Dayen raises in an important essay in InTheseTimes, Trump Appointees Are Pushing a Deregulation Plan That Could Dramatically Erode Consumer Protections. As Dayen points out, in the run-up to the Great Recession, the... Continue reading
Posted Aug 4, 2018 at CL&P Blog
Rory Van Loo of BU has written Technology Regulation by Default: Platforms, Privacy, and the CFPB. Here's the abstract: In the absence of a technology-focused regulator, diverse administrative agencies have been forced to develop regulatory models for governing their sphere... Continue reading
Posted Aug 2, 2018 at CL&P Blog
by Jeff Sovern Here is a report by Kate Berry in the American Banker (behind paywall). A vote for her would be a vote for someone without experience in or any demonstrated knowledge of consumer law and for someone who... Continue reading
Posted Aug 1, 2018 at CL&P Blog
by Jeff Sovern David Dayen has coined the phrase, the "Mulvaney Discount," to describe the tendency of CFPB Acting Director Mick Mulvaney to settle cases for less than the original amount. As Dayen and others have pointed out, Mulvaney's CFPB... Continue reading
Posted Jul 28, 2018 at CL&P Blog
by Jeff Sovern We just posted to SSRN the draft of our article, Validation and Verification Vignettes: More Results from an Empirical Study of Consumer Understanding of Debt Collection Validation Notices, Forthcoming in the Rutgers U. L. Rev. (with Kate... Continue reading
Posted Jul 26, 2018 at CL&P Blog
So Bloomberg reports (no link available). Kraninger has until July 31 to answer any questions senators submitted after the hearing, so if any such questions were submitted, and she takes the full time allotted, that won't leave much time to... Continue reading
Posted Jul 26, 2018 at CL&P Blog
by Jeff Sovern So reports Nancy Cook, in Politico. The adviser is not identified. Excerpt: Mulvaney also has received accolades for his slow dismantling of the former CFPB, a brainchild of Elizabeth Warren’s that was created by Democrats in the... Continue reading
Posted Jul 25, 2018 at CL&P Blog
Jonathan Weinberg of Wayne State has written 'Know Everything that Can Be Known About Everybody': The Birth of the Credit Report, Villanova Law Review, Forthcoming. Here is the abstract: A remarkable amount of our personal information is in the hands... Continue reading
Posted Jul 21, 2018 at CL&P Blog
by Jeff Sovern In her written testimony, and again in her oral testimony, Kathy Kraninger, the president's nominee to head the CFPB, promised to be transparent and accountable. But her testimony yesterday, in which she said giving her personal opinion... Continue reading
Posted Jul 20, 2018 at CL&P Blog
by Jeff Sovern For years, Republicans have complained that they felt frustrated by the CFPB. During her confirmation hearing today, Kraninger got revenge on their behalf on Democrats by refusing to answer their questions. Here is an excerpt from Renae... Continue reading
Posted Jul 19, 2018 at CL&P Blog
Here, by Victoria Finkle (free content). Excerpt: Perhaps the biggest hurdle Kraninger will encounter is demonstrating a familiarity with the consumer protection laws she would be tasked with overseeing, given her lack of industry experience. Some in banking continue to... Continue reading
Posted Jul 18, 2018 at CL&P Blog
by Jeff Sovern Allied Progress has posted a list of ten questions for Kathy Kraninger at her confirmation hearing Thursday. The list includes many excellent questions, but I would love to see her also asked specific questions about consumer law... Continue reading
Posted Jul 17, 2018 at CL&P Blog
William McGeveran of Minnesota has written The Duty of Data Security, 102 Minnesota Law Review (2018, Forthcoming). Here is the abstract: As data breaches become larger and more frequent, the question naturally arises: what precautions does the law require of... Continue reading
Posted Jul 16, 2018 at CL&P Blog
by Jeff Sovern The president today issued an executive order creating a Task Force on Market Integrity and Consumer Fraud within the Department of Justice. It has a large number of members, including the CFPB director and chair of the... Continue reading
Posted Jul 11, 2018 at CL&P Blog