Author Archives: Jeff Sovern

What Wells Fargo’s Survival After Defrauding Millions Tells Us About the Free Market: It Isn’t Enough to Stop Misconduct

by Jeff Sovern As well-covered on this blog and elsewhere, Wells Fargo employees opened millions of sham accounts for customers, for which they have paid fines and suffered reputational damage. During the House Financial Services Committee September hearing on the Wells fiasco, some Republican committee members berated Wells Fargo's then-CEO, John Stumpf, for giving ammunition to […]

CBS News: Senate Republicans aim to gut debit-card safeguards

Here. This is about the resolution we reported about on Thursday to block the CFPB's prepaid debit cards rule from going into effect.  The resolution has now drawn the support of seven senators. Excerpt: A spokesman for Sen. Mike Lee said that the “CFPB’s prepaid card rule is overly broad” and would increase compliance costs. […]

Ben-Shahar & Strahilevitz Propose that Contracts be Interpreted Based on Surveys

Omri Ben-Shahar and Lior Strahilevitz, both of Chicago, have written Interpreting Contracts via Surveys and Experiments.  Here's the abstract: Interpreting the language of contracts is the most common and least satisfactory task courts perform in contract disputes. This article proposes to take much of this task out of the hands of lawyers and judges, entrusting […]

Miles Kimball: The Philosophical Basis for Consumer Financial Protection as Part of Limited Government

Here. This has been up since December, but I only just saw it. It offers a perspective from an economist.  An excerpt: I can see three principles that can justify consumer financial protection beyond simple contract enforcement:  Duping people is fraud even if they wouldn’t have been duped had they had infinite time and infinite […]

Senator Moves to Block CFPB Prepaid Card Rule Day After CFPB Fines Card Issuers for Harming Consumers

by Jeff Sovern Who needs fiction when we have this?  Information about the resolution, introduced under the Congressional Review Act, and so filibuster-proof, is here.  It's sponsor is GOP Senator David Perdue of Georgia.  The CFPB's press release is here.  Here' s the first paragraph of the press release: The Consumer Financial Protection Bureau today took action […]

Cooper & Shepherd Paper: Economic and Emprical Analysis of State Consumer Protection Acts

James C. Cooper of George Mason and Joanna Shepherd of Emory have written State Consumer Protection Acts: An Economic and Empirical Analysis.  Here's the abstract: Consumer protection acts (CPAs) developed with the goal to protect American consumers from fraudulent, deceptive and unfair business practices. Initially, Congress, through the FTC Act, sought to define and deter […]