This is Jeff Sovern's Typepad Profile.
Join Typepad and start following Jeff Sovern's activity
Join Now!
Already a member? Sign In
Jeff Sovern
Recent Activity
by Jeff Sovern The federal Fair Debt Collection Practices Act provides consumers a variety of protections. Collectors, for example, are barred from making false statements and engaging in unfair practices, and are obliged to give consumers certain disclosures. But the... Continue reading
Posted 3 days ago at CL&P Blog
by Jeff Sovern Regular readers of the blog know that we often write about the ineffectiveness of disclosures, and plenty of others have the same complaint. But here's a bit of good news: a study by Michael Grubb, Paul Adams,... Continue reading
Posted 5 days ago at CL&P Blog
Ann M. Burkhart of Minnesota has written Fixing Foreclosure, 36 Yale Law & Policy Review (2018). Here is the abstract: Since the American Revolution, mortgage foreclosures have consisted of a public auction of the mortgaged property. Judges and state legislators... Continue reading
Posted 6 days ago at CL&P Blog
Camilla E. Watson of Georgia has written Federal Financing of Higher Education at a Crossroads: The Evolution of the Student Loan Debt Crisis and the Reauthorization of the Higher Education Act of 1965. Here is the abstract: Currently, there are... Continue reading
Posted Nov 9, 2018 at CL&P Blog
Yonathan A. Arbel of Alabama has written Reputation Failure: Market Discipline and Its Limits. Here is the abstract: Free-market advocates seek to repeal broad swaths of tort, contract, and consumer law, trusting reputation to provide effective market-discipline. Their core belief... Continue reading
Posted Oct 30, 2018 at CL&P Blog
by Jeff Sovern According to Private Enforcement in Administrative Courts, 72 Vanderbilt Law Review, (Forthcoming), by Michael Sant'Ambrogio of Michigan State, in the year ending March 31, 2017, the government filed only eight consumer protection cases in federal court, which... Continue reading
Posted Oct 27, 2018 at CL&P Blog
by Jeff Sovern My colleague, Vincent DiLorenzo, has written Fintech Lending: A Study of Expectations Versus Market Outcomes, Forthcoming in Review of Banking & Financial Law. Here is the abstract: This paper documents the expectations for the fintech lending industry,... Continue reading
Posted Oct 25, 2018 at CL&P Blog
Samuel Issacharoff and Florencia Marotta-Wurgler, both of NYU, have written The Hollowed Out Common Law. Here's the abstract: The electronic marketplace poses novel issues for contract law. Contracts created through browsewrap, clickwrap, and shrinkwrap (contracts whose embedded terms are only... Continue reading
Posted Oct 18, 2018 at CL&P Blog
by Jeff Sovern A number of sources have reported on a survey of more than one thousand metastatic breast cancer patients presented recently at an American Society of Clinical Oncology (ASCO) symposium that found that debt collectors had contacted about... Continue reading
Posted Oct 15, 2018 at CL&P Blog
Here, by Brad Wolverton & Alex Richards. I don't want to quote too much, so here is an incomplete excerpt: The federal watchdog agency created to protect consumers is not regulating two of the country’s fastest-growing financial institutions despite receiving... Continue reading
Posted Oct 12, 2018 at CL&P Blog
Here. Excerpt from Jeff Bater's report: The Consumer Financial Protection Bureau took only three enforcement actions in the third quarter of 2018 and is on pace for the lowest yearly total in its seven years of existence. The bureau levied... Continue reading
Posted Oct 11, 2018 at CL&P Blog
by Jeff Sovern Acting CFPB director Mick Mulvaney famously wrote that he would not push the envelope. He explained: That entire governing philosophy of pushing the envelope frightens me a little. We are government employees, and we work for the... Continue reading
Posted Oct 11, 2018 at CL&P Blog
Todd J. Zywicki of George Mason has written The Behavioral Economics of Behavioral Law & Economics, Journal of Behavioral Economics (2019, Forthcoming). Here is the abstract: Behavioral Law & Economics (BLE) has loudly proclaimed its victory over traditional law &... Continue reading
Posted Sep 29, 2018 at CL&P Blog
by Jeff Sovern Years ago, I heard the puppet Lambchop (Shari Lewis) sing The Song That Never Ends: This is the song that never ends Yes, it just goes on and on my friends. Some people started singing it, not... Continue reading
Posted Sep 25, 2018 at CL&P Blog
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 Sep 22, 2018 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 Sep 15, 2018 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