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Jeff Sovern
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by Jeff Sovern In a recent American Banker essay, I argued that businesses praise arbitration not because they genuinely value it, but because it enables them to block class actions. I said that for two reasons: first, that if businesses... Continue reading
Posted 4 days ago at CL&P Blog
Here. Excerpt: * * * Trackers, which come in many forms including a single invisible pixel inserted into an email or the hyperlinks embedded inside a message, are frequently being used to detect when someone opens a message and even... Continue reading
Posted 6 days ago at CL&P Blog
S.I. Strong of Missouri has written Incentives for Large-Scale Arbitration: How Policymakers Can Influence Party Behaviour. Here's the abstract: At this point, the future of large-scale arbitration (i.e., class, mass and collective procedures) can best be described as mixed. On... Continue reading
Posted 7 days ago at CL&P Blog
Liran Haim and Ronald J. Mann of Columbia have written Putting Stored-Value Cards in Their Place, 18 Lewis & Clark Law Review 989 (2014). Here is the abstract: This Essay explores the effects of stored-value cards on social welfare. We... Continue reading
Posted Nov 15, 2015 at CL&P Blog
Here. Excerpts: [T]he U.S. Chamber of Commerce, the most powerful business lobby in the country, started a new effort to block the Consumer Financial Protection Bureau by lobbying lawmakers to attach a rider to the federal budget bill that would... Continue reading
Posted Nov 15, 2015 at CL&P Blog
by Jeff Sovern Here. Excerpt: [C]ompanies can use class action waivers to block consumer protection laws unless consumer protection laws find a way to block class action waivers. * * * Last month, the bureau made public a proposal to... Continue reading
Posted Nov 13, 2015 at CL&P Blog
Allison posted yesterday about the anti-CFPB ad. The American Banker's Rachel Witkowski and Rob Blackwell have more here. Among their reasons for saying it could backfire: "the ad is over the top;" "Consumer credit isn't tighter since the CFPB's creation;"... Continue reading
Posted Nov 11, 2015 at CL&P Blog
Hosea H. Harvey of Temple has written Opening Schumer’s Box: The Empirical Foundations of Modern Consumer Finance Disclosure Law, 48 University of Michigan Journal of Law Reform (2014). Here's the abstract: This Article explores the fundamental failure of Congress’ twenty-five-year... Continue reading
Posted Nov 6, 2015 at CL&P Blog
Here. Here's the beginning of the story: If you're a TiVo user, your digital video recorder may be ratting you out to advertisers. In the latest example of consumer privacy being threatened by Big Data, TiVo's number-crunching subsidiary this week... Continue reading
Posted Nov 6, 2015 at CL&P Blog
Here. Excerpt: Since lawmakers passed a landmark overhaul of American financial regulation in 2010, congressional Democrats and the Obama administration have successfully fought changes to the law, known as Dodd-Frank. Among the proposed changes, Republicans have sought to restructure the... Continue reading
Posted Nov 5, 2015 at CL&P Blog
My colleague, Marc DeGirolami, read through the Spokeo oral argument transcript and had the following observations. I thought they might be of interest to readers of the blog. * Justice Kagan emphasized to counsel for Spokeo that the reporting/dissemination of... Continue reading
Posted Nov 5, 2015 at CL&P Blog
Here. An excerpt: The arguments in Spokeo Inc. v. Robins et al. took the usual pattern of the four liberal justices arguing for a broad interpretation of the Fair Credit Reporting Act and standing to bring claims under Article III... Continue reading
Posted Nov 3, 2015 at CL&P Blog
by Jeff Sovern Deepak posted earlier about the extraordinary Times story on arbitration. I have been studying arbitration for some time, and yet some items in the story were new to me. Though the entire article demands to be read,... Continue reading
Posted Oct 31, 2015 at CL&P Blog
So says the American Banker here. In particular, the bill would apply to student debt owned or guaranteed by the government. Continue reading
Posted Oct 28, 2015 at CL&P Blog
Here. The entire essay is worth reading, but here's an excerpt to whet your appetite: The latest industry-sponsored bill would fundamentally change the structure of the CFPB by replacing the agency's single, independent director with a commission of political appointees.... Continue reading
Posted Oct 22, 2015 at CL&P Blog
Robert H. Klonoff of Lewis & Clark has written Class Actions in the Year 2025: A Prognosis, Forthcoming in the Emory Law Journal. Here is the abstract: In this Article, I reflect on what the federal judiciary has done in... Continue reading
Posted Oct 22, 2015 at CL&P Blog
Christine Riefa of Brunel and Christiana Markou of the European University Cyprus have written Online Marketing: Advertisers Know You are a Dog on the Internet!, in Savin, Trzaskowski (Eds) Research Handbook on EU Internet Law (Edward Elgar 2014) 383-410. Here's... Continue reading
Posted Oct 20, 2015 at CL&P Blog
by Jeff Sovern Did Congress give the CFPB the power to ban or regulate arbitration clauses in consumer financial contracts? Not according to a Pepper Hamilton partner, according to a pair of recent reports. Here's an excerpt from a piece... Continue reading
Posted Oct 19, 2015 at CL&P Blog
Michael S. Barr of Michigan has written Mandatory Arbitration in Consumer Finance and Investor Contracts, 11 New York University Journal of Law and Business (2015). Here is the abstract: Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor... Continue reading
Posted Oct 19, 2015 at CL&P Blog
by Jeff Sovern Here. The first paragraphs read: Defying the threat of a White House veto, the House on Wednesday afternoon passed bipartisan legislation to help homebuyers avoid delays and disruptions when closing on their new homes by a bipartisan... Continue reading
Posted Oct 8, 2015 at CL&P Blog
Here. Non-disparagement clauses are suddenly drawing a lot of attention. Continue reading
Posted Oct 7, 2015 at CL&P Blog