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Jeff Sovern
Recent Activity
Jennifer Ann Drobac of Indiana's McKinney School has written The Myth of 'Legal' Consent in a Consumer Culture in FACETS OF CONSUMERISM IN A GLOBAL ECONOMY (Anand Pawar, ed., Twenty First Century Publications, 2015). Here is the abstract: This Essay... Continue reading
Posted 3 days ago at CL&P Blog
Guest Post by Gregory Gauthier: Late last week, many media outlets drew attention to broadly-worded terms in Spotify’s new privacy policy. Although Spotify’s CEO later explained the intent of the changes to the privacy policy, another change to Spotify’s terms... Continue reading
Posted 7 days ago at CL&P Blog
Richard Frankel of Drexel has written Concepcion and Mis-Concepcion: Why Unconscionability Survives the Supreme Court's Arbitration Jurisprudence, 17 Journal of Dispute Resolution. Here is the abstract: States have long relied on the doctrines of unconscionability and public policy to protect... Continue reading
Posted Aug 21, 2015 at CL&P Blog
Talia B Gillis, a doctoral student at Harvard, has written Putting Disclosure to the Test: Toward Better Evidence-Based Policy. Here is the abstract: Financial disclosures no longer enjoy the immunity from criticism they once had. While disclosures remain the hallmark... Continue reading
Posted Aug 19, 2015 at CL&P Blog
Here. He is expected to rejoin the George Mason Law School faculty. Continue reading
Posted Aug 17, 2015 at CL&P Blog
by Jeff Sovern Earlier this week, I posted a link to the Ballard Spahr comments, on behalf of various industry trade associations, on the CFPB Arbitration Study . Their thesis is that the Bureau Study indicates that consumers fare better... Continue reading
Posted Aug 14, 2015 at CL&P Blog
Shmuel I. Becher of the College of Management (Israel) - School of Law and Yuval Feldman of Bar-Ilan University have written Non-Verbal Market Manipulation. Here is the abstract: Consumers make purchasing decisions in various markets every day. Contrary to common... Continue reading
Posted Aug 13, 2015 at CL&P Blog
by Jeff Sovern The American Bar Association's Business Law Section Consumer Financial Services Committee held a webinar earlier today in which the topic was listed as "The CFPB Begins Arbitration Rulemaking, But Its Own Study Shows that Arbitration Benefits Consumers."... Continue reading
Posted Aug 12, 2015 at CL&P Blog
HT: Kate Spellman Continue reading
Posted Aug 5, 2015 at CL&P Blog
Jim Hawkins of Houston has written Using Advertisements to Diagnose Behavioral Market Failure. Here is the abstract: In imperfect markets where consumers have malleable preferences and bounded rationality, advertising has the potential to increase demand for products through persuasion and... Continue reading
Posted Aug 2, 2015 at CL&P Blog
Posted Jul 23, 2015 at CL&P Blog
CNBC has the story here. Three of the top four are the big three credit bureaus. The Consumer Bankers Association is dismissive of the findings. Quoting now from Marketplace: “They're basically in the shaming of banks business by providing what... Continue reading
Posted Jul 20, 2015 at CL&P Blog
Siona Robin Listokin of George Mason's School of Policy, Government, and International Affairs has written Industry Self Regulation of Data Privacy and Security. Here is the abstract: Industry self-regulation of consumer data privacy and security has been proposed as a... Continue reading
Posted Jul 12, 2015 at CL&P Blog
Jacob Hale Russell of Stanford has written Misbehavioral Law and Economics: Separating and Pooling in Responses to Consumer Financial Mistakes. Here is the abstract: Consumers’ choices in financial contracts do not always tell us what they really want. Put differently,... Continue reading
Posted Jul 10, 2015 at CL&P Blog
Here. Excerpt: * * * Congressmen Steve Womack (AR-3) and Tom Graves (GA-14) wrote an amendment to an appropriations bill that ignores all the evidence in the [2015 CFPB Arbitration] report. Unsurprisingly, they both have received consistent financial support for... Continue reading
Posted Jul 1, 2015 at CL&P Blog
Guest Post by Professors David Horton & Andrea Cann Chandrasekher: We recently posted our draft article, After the Revolution: An Empirical Study of Consumer Arbitration, 104 Geo. L.J. -- (forthcoming 2015) on the Social Science Research Network. On June 22,... Continue reading
Posted Jun 24, 2015 at CL&P Blog
Posted Jun 24, 2015 at CL&P Blog
Amy Schmitz of Colorado has written Secret Consumer Scores and Segmentations: Separating Consumer 'Haves' from 'Have-Nots', Michigan State Law Review, p. 1411 (2014). Here is the abstract: “Big Data” is big business. Data brokers profit by tracking consumers’ information and... Continue reading
Posted Jun 23, 2015 at CL&P Blog
Ahmed E. Taha of Pepperdine has written Selling the Outlier, forthcoming in the Journal of Corporation Law. Here is the abstract: Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used... Continue reading
Posted Jun 21, 2015 at CL&P Blog
Rena I. Steinzor of Maryland and the Center for Progressive Reform has written (Still) 'Unsafe at Any Speed': Why Not Jail for Auto Executives? Harvard Law & Policy Review (Forthcoming). Here's the abstract: Americans can be forgiven for wondering what... Continue reading
Posted Jun 19, 2015 at CL&P Blog
by Jeff Sovern CFPB Monitor is reporting: [T]he House Appropriations Committee has approved an amendment to the FY 2016 Financial Services Appropriations bill that would impose new requirements on the CFPB before it can issue a rule governing arbitration agreements.... Continue reading
Posted Jun 18, 2015 at CL&P Blog
. . . in the Southwestern Law Review, as reported with links to pdfs by the ContractsProfBlog. Continue reading
Posted Jun 15, 2015 at CL&P Blog
David Horton and Andrea Cann Chandrasekher both of California, Davis, have written After the Revolution: An Empirical Study of Consumer Arbitration, 104 Georgetown Law Journal (Forthcoming 2015). Here's the abstract: For decades, mandatory consumer arbitration has been ground zero in... Continue reading
Posted Jun 14, 2015 at CL&P Blog