The WSJ report is here. As for the impact on discriminatory lending, see Adam Levitin writing at Credit Slips. It remains unclear how the House will respond to the bill.
Author Archives: Jeff Sovern
by Jeff Sovern Mick Mulvaney has now led the CFPB for three and a half months and during that period, has been subject to attacks, including on our blog. Naturally, his defenders are stepping up. For example, Congressman Blaine Luetkemeyer, who chairs the House Financial Services Subcommittee on Financial Institutions and Consumer Credit and served on […]
by Jeff Sovern Politico's Morning Money newsletter reports: BANKERS NOT AS WORRIED BY REGS — At the Consumer Bankers Assoc. annual conference, CBA Live, attendees were asked about their top worries. The regulatory environment was tops from 2012-2016. On Monday it barely cracked four percent. Which of course raises a question about why Congress is working on […]
by Jeff Sovern Kevin Wack in The American Banker has a report headlined Wells was tipped off to government probe by OCC, watchdog says. And yet, Mick Mulvaney wants the CFPB to take a backseat to the OCC when it comes to supervision.
Giuseppe Dari‐Mattiacci of Amsterdam Law School; Amsterdam Business School; and the Tinbergen Institute and Florencia Marotta-Wurgler of NYU have written Learning in Standard Form Contracts: Theory and Evidence. Here is the abstract: We explore learning and change in standard form contracts. We hypothesize that drafters (sellers) are more likely to revise the terms they offer when […]
by Jeff Sovern Level Playing Field is reporting that companies include in their arbitration clauses provisions that AAA, their arbitration service, has informed them have to be waived, meaning AAA won't enforce them. The clauses in question may deter consumers, who don't know that they won't be enforced, from bringing the arbitration at all. For […]
Taylor A. Begley of Olin Business School, Washington University in St. Louis and Amiyatosh Purnanandam of Ross School of Business, University of Michigan have written Color and Credit: Race, Regulation, and the Quality of Financial Services. Here is the abstract: The incidence of mis-selling, fraud, and poor customer service by retail banks is significantly higher in markets […]
Here. Excerpt: “There hasn’t been a lot that has been methodical about this presidency, but I do think Trump is systematically dismantling consumer protections,” said Mark Totten, a Michigan State University law professor who studies the enforcement of consumer protection laws and a 2014 Democratic candidate for Michigan attorney general. The new direction affects agencies […]
David Horton of California, Davis has written Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making, Duke Law Journal, Vol. 68, Forthcoming. Here is the abstract: For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate — rather than allowing her to litigate — does not affect the outcome of a dispute. […]
by Jeff Sovern The CFPB protects consumers in a number of ways. Perhaps the three most important things it does are enforce the law, supervise some financial institutions, and create rules. A less important mechanism, but still important, is maintaining its complaint database. All of these seem to be coming under attack under Interim director […]