Author Archives: Jeff Sovern

ABA Consumer Protection Announcement on Volunteer Opportunities for Law Students

We received the following announcement: ABA Section of Antitrust Law Consumer Protection Committee Volunteer Opportunities for Law Students The Consumer Protection Committee is the ABA’s premier group for developments in the law of privacyand data security, false advertising, deceptive marketing, and unfair trade practices, providing timelyupdates on law enforcement, rulemakings, and business guidance from the FTC, […]

Paper on How Firms Can Deliberately Induce Info Overload to Obscure Disclosures

Petra Persson of Stanford University; Research Institute of Industrial Economics has written Attention Manipulation and Information Overload. Here is the abstract: Limits on consumer attention give firms incentives to manipulate prospective buyers' allocation of attention. This paper models such attention manipulation and shows that it limits the ability of disclosure regulation to improve consumer welfare. Competitive […]

The CFPB and Data Breaches, Plus WSJ: Equifax Hack Drives GOP Bill to Overhaul Credit Bureaus

by Jeff Sovern The WSJ article is here.  Excerpt: Rep. Patrick McHenry of North Carolina introduced a bill to require the three major credit firms—Equifax, Experian PLC and TransUnion—to submit to regular federal cybersecurity reviews for the first time. All three companies also would have to phase out their use of Social Security numbers to verify consumers’ […]

WSJ Report on CFPB Response to Norieka’s Arbitration Op-Ed

by Jeff Sovern The Wall Street Journal, in a story headlined Regulator Fight Flares Anew Over Arbitration Rule As GOP Gears Up To Vote, reports on the CFPB response to the Norieka op-ed I wrote about earlier: The CFPB countered Mr. Noreika’s attack by publishing a new report on the rule’s effect on consumers, arguing there […]

Two Reasons Comptroller Norieka is Wrong About Arbitration Clauses

by Jeff Sovern Acting Comptroller of the Currency and former bank lawyer Keith Norieka has an op-ed in The Hill, Senate should vacate the harmful consumer banking arbitration rule, that is seriously flawed.  I'm going to write about two of those flaws here. First, Norieka concludes by writing: Instead of mandating only one way to resolve […]

David Dayen in The Intercept: IN NEW LAWSUIT, CORPORATIONS BAND TOGETHER TO STOP CONSUMERS FROM BANDING TOGETHER

by Jeff Sovern Here.  Lots of irony in this one, as you can tell from the headline.  A sample: Eighteen groups representing thousands of corporations and banks filed the lawsuit against the Consumer Financial Protection Bureau last Friday in federal court in Dallas. Oddly, they did not attempt to individually resolve the dispute through an arbitration process, […]

Former Equifax CEO Pledges to “Make it Right” for Consumers–But Won’t Promise Compensation

by Jeff Sovern I've been listening to the several hearings in Washington this week at which former Equifax CEO Richard Smith testified. I haven't finished yet, and may have more to say, but here's a quick observation.  Mr. Smith testified at various points that Equifax planned to make things right for consumers.  For example, here […]

Critics Who Want to Weaken CFPB Complain It Doesn’t Do Enough

by Jeff Sovern There's been a steady drumbeat of criticism for the CFPB from certain members of Congress for not moving sooner on the Wells Fargo unauthorized account scandal.  These critics also tend to support legislation, like the Financial Choice Act, which would take away the power the CFPB used to fine Wells Fargo for […]

The Hill Reports on Equifax Hearings and Legislation Congress is Considering

by Jeff Sovern The article is headlined Congress grapples with preventing the next Equifax-level hack. Excerpt: Their ideas included like fining companies that fail to adequately protect consumer data, restructuring the credit reporting industry to allow for more competition and requiring data holders to notify consumers whose information has been compromised. A slew of legislation aimed […]

WSJ Again Calls on President to Fire “President Cordray”

In an editorial titled President Cordray Strikes Again. This time, it's the payday lending rule that has the WSJ up in arms. Here's the conclusion: The recent rule-makings give the President more cause to dismiss the director, and a D.C. Circuit Court of Appeals panel has held that he can be removed at will. Mr. […]