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Jeff Sovern
Recent Activity
Earlier this week, we posted a link to a John Oliver segment on robocalls. Eric J. Troutman fact checks Oliver here. Excerpt: Assertion 5: Robocall Volume Exploded After A Court Decision Overturned the FCC’s Rules Expanding the TCPA TCPAworld. com... Continue reading
Posted 2 days ago at CL&P Blog
In The Conversation. Excerpt: Compared with 1962, when President Kennedy put consumer concerns on the national agenda, ordinary Americans now have far more robust rights to safety, to information, to choice and to a fair hearing. But consumer rights do... Continue reading
Posted 3 days ago at CL&P Blog
Christopher G. Bradley of Kentucky has written The Consumer Protection Ecosystem: Law, Norms, and Technology. Here is the abstract: Consumer law provokes fierce policy debate on issues from identity theft to online privacy, from arbitration clauses and class action lawsuits... Continue reading
Posted 6 days ago at CL&P Blog
Posted 7 days ago at CL&P Blog
by Jeff Sovern There's been a lot of talk among law professors about the US News plan to measure faculty scholarly impact in part by citations to faculty scholarship (see here for a blog post citing to commentary). While for... Continue reading
Posted Mar 7, 2019 at CL&P Blog
by Jeff Sovern The next edition of our casebook will have a lot more about robocalls. According to a letter from the attorneys general of all 50 states dated yesterday, robocalls and telemarketing calls are the top source of consumer... Continue reading
Posted Mar 6, 2019 at CL&P Blog
Andrew T. Hayashi of Virginia has written Consumer Law Myopia. Here is the abstract: People make mistakes with debt, partly because the chance to buy now and pay later tempts them to do things that are not in their long-term... Continue reading
Posted Feb 24, 2019 at CL&P Blog
by Jeff Sovern A post inspired by a question I heard Kathleen Engel ask: every year second-year students ask professors for suggestions for topics to write about for law reviews. Law professors and other lawyers also cast about for article... Continue reading
Posted Feb 23, 2019 at CL&P Blog
The University of Michigan Center for Finance, Law and Policy is holding a conference titled Consumer Protection in an Age of Uncertainty on March 21 and 22. It's great that there will be two excellent consumer law academic conferences in... Continue reading
Posted Feb 17, 2019 at CL&P Blog
The Berkeley Center for Consumer Law & Economic Justice is holding its Consumer Law Scholars Conference on Thursday and Friday. More information, including the papers to be discussed, here. The Conference has an impressive list of participants and it promises... Continue reading
Posted Feb 17, 2019 at CL&P Blog
Natasha Sarin of Penn has written Making Consumer Finance Work. Here's the abstract: The financial crisis exposed major faultlines in banking and financial markets more broadly. Policymakers responded with far-reaching regulation that created a new agency—the CFPB—and changed the structure... Continue reading
Posted Feb 15, 2019 at CL&P Blog
It includes lectures by Omri Ben-Shahar on economic analysis of consumer protection law and Jonathan Masur on the behavioral law & economics of consumer choice. More here. Continue reading
Posted Feb 2, 2019 at CL&P Blog
Uri Benoliel of the College of Law and Business - Ramat Gan Law School and Shmuel I. Becher of the Victoria University of Wellington have written The Duty to Read the Unreadable. Here's the abstract: The duty to read doctrine... Continue reading
Posted Jan 25, 2019 at CL&P Blog
by Jeff Sovern My latest, here. The conclusion: When it comes to these varied privacy problems, Congress has somehow managed to be both comatose and angry. Given its inability to respond nimbly in the rapidly shifting privacy arena, Congress should... Continue reading
Posted Jan 21, 2019 at CL&P Blog
Jacob Hale Russell of Rutgers and Stanford's Arthur & Toni Rembe Rock Center for Corporate Governance has written Unconscionability's Greatly Exaggerated Death. Here is the abstract: Reports of unconscionability’s demise are greatly exaggerated. According to conventional wisdom, the common-law contracts... Continue reading
Posted Jan 18, 2019 at CL&P Blog
by Jeff Sovern The media has devoted considerable attention to Representative Alexandria Ocasio-Cortez's joining the House Financial Services Committee. I'm glad she is on the committee--the more members who are not beholden to banks, the better--and I suspect few realize... Continue reading
Posted Jan 17, 2019 at CL&P Blog
by Jeff Sovern So reports the NY Times. Excerpt: Vanderbilt University Medical Center, responding to a new Trump administration order to begin posting all hospital prices, listed a charge of $42,569 for a cardiology procedure described as “HC PTC CLOS... Continue reading
Posted Jan 13, 2019 at CL&P Blog
by Jeff Sovern Here, in Bloomberg. I'm afraid I didn't find it persuasive. He didn't respond to our argument that state courts often fail to discipline attorneys who violate ethical rules in debt collection matters, as well as other points... Continue reading
Posted Jan 9, 2019 at CL&P Blog
by Jeff Sovern The CFPB's former acting director, Mick Mulvaney, compared the Bureau's public database to Yelp and threatened to take it private, though he never did so. Director Kraninger has not made public her plans for the database, to... Continue reading
Posted Jan 4, 2019 at CL&P Blog
by Jeff Sovern Regular CFPB observers will recall that after Mulvaney took over as acting CFPB director, it took many months before the Bureau announced its first enforcement action. Well, the new director, Kathy Kraninger, has already announced her first... Continue reading
Posted Jan 3, 2019 at CL&P Blog
Alexander Tsesis of Loyola of Chicago has written Marketplace of Ideas, Privacy, and Digital Audiences, forthcoming in the Notre Dame Law Review. Here's the abstract: The availability of almost limitless sets of digital information has opened a vast marketplace of... Continue reading
Posted Dec 31, 2018 at CL&P Blog
by Jeff Sovern The FTC was expected to run out of funding to conduct most of its operations at some point today, according to the Washington Post. The FTC's shutdown is obviously bad news for consumers. My understanding is that... Continue reading
Posted Dec 28, 2018 at CL&P Blog
Excerpts from the announcement: The Janet D. Steiger Fellowship Project provides law students the extraordinary opportunity to work in the consumer protection departments of state and territorial Offices of Attorneys General and other consumer protection agencies, including the National Association... Continue reading
Posted Dec 28, 2018 at CL&P Blog
by Jeff Sovern That's the title of my essay my colleague Gina Calabrese and I wrote here in Bloomberg Law. Excerpt: The ABA argues that consumers don’t need protection from unscrupulous lawyers because lawyers are already subject to state ethics... Continue reading
Posted Dec 6, 2018 at CL&P Blog
WaPo has the story here. The government is also considering other debt collection initiatives, as noted in the article. Continue reading
Posted Dec 3, 2018 at CL&P Blog