Author Archives: Jeff Sovern

David Dayen: Mnuchin Lied About His Bank’s History of Robo-Signing Foreclosure Documents

Here, in The Intercept.  Excerpt: “Did OneWest ‘robo-sign’ documents relating to foreclosures and evictions?” Sen. Bob Casey, D-Penn., asked [Treasury Secretary Nominee Steven] Mnuchin as a “question for the record”. Mnuchin replied that “OneWest Bank did not ‘robo-sign’ documents * * * [Dayan reports on] a 2011 consent order issued by the federal Office of […]

The Hill: Cordray: No change for consumer bureau under Trump

Here. Excerpt: Cordray, who has helmed the CFPB as its first and only director, said Tuesday that he has no intention of stepping down early, despite pressure from Republicans eager to overhaul the 5-year-old agency. “It really shouldn’t change the job at all,” said Cordray of Trump assuming power. “We have an independent mandate to […]

NJ Assembly Passes Bill to Bar Out-of State Consumer Arbitration

Here is a report from the N.J.L.J. Excerpt: The New Jersey Assembly has passed legislation that prohibits companies from inserting language in consumer contracts that requires arbitration of disputes in forums outside of the state. The Assembly, on Monday, approved the bill, A1515, in a 49-20 vote. The vote was split along party lines, with […]

Ken Cuccinelli Column: Reforming CFPB isn’t enough. Eliminate it. [Proposes Solution that Led to the Great Recession]

by Jeff Sovern Here, in the American Banker (free content). Cuccinellis is general counsel to the FreedomWorks Regulatory Action Center, and former AG for Virginia. Excerpt: Rather than tinkering with this regulatory monstrosity, let’s pursue a simpler course: simply eliminate the standalone agency. Most of the regulatory powers that the CFPB now wields were previously […]

Trump Names as FCC Chair Ajit Pai, Critic of FCC TCPA Interpretations

Here. Pai, a Republican, has been critical of FCC interpretations of the TCPA (see here and here). Here's the perspective of ACA International, an industry organization : Of particular importance to the credit and collection industry, Pai has fiercely objected to the FCC’s more recent interpretations of the TCPA spearheaded by Wheeler.  Authoring a hard-hitting […]

New study tells inside story of how local communities use ordinances to say ‘enough’ to payday lenders

Here's the press release:  Jan. 24, 2017— An 18-month study of community approaches to controlling payday lending practices concludes there are 10 lessons for those interested in positively affecting local ordinances, according to researchers from the University of Utah and University of New Mexico. In “The Power of Community Action: Anti-Payday Loan Ordinances in Three […]

Ben-Shahar & Strakilvitz on Contracting Over Privacy: A Symposium Introduction

Omri Ben-Shahar and Lior Strahilevitz, both of Chicago, have written an introduction to a symposium, Contracting Over Privacy: Introduction, 43 Journal of Legal Studies, No. S2, 2016. Here's the abstract: This short essay introduces papers presented at the symposium Contracting over Privacy, which took place at the Coase-Sandor Institute for Law and Economics at the University of […]