Author Archives: Jeff Sovern

Odinet & White Paper on the CFPB’s Proposed Debt Collection Rules

Christopher K. Odinet and Roederick C. White Sr., both of the Southern University Law Center, have written Regulating Debt Collection, Review of Banking and Financial Law, 2017 (Forthcoming).  Here is the abstract: Debt collection. It often starts as a late night call carrying threats of being thrown in prison, ruin at the workplace, and trouble […]

Joanne Doroshow’s HuffPo Op-ed: FTC May Make it Easier for Used Car Dealers to Sell Recalled Cars

Here.  Doroshow is at New York Law School's Center for Justice and Democracy. Excerpt: The FTC, whose tag line is “Protecting America’s Consumers,” has decided to side with the corporate lawyers and executives at General Motors and two used car chains, agreeing to a legal settlement regarding the sale of cars under safety recall. Specifically, […]

Study Finds Consumers Think Fast Foods Have More Calories Than They Do; Calorie Disclosures May Make Such Foods Appear Healthier

Simon Hedlin has written Calorie Overestimation Bias and Fast Food Products: The Effects of Calorie Labels on Perceived Healthiness and Intent to Purchase.  Here's the abstract: In 2014, the United States Food and Drug Administration announced that chain restaurants with 20 or more locations would be required to put calorie labels on the menu. The […]

Nothing in Debates on Consumer Law–or Banking: Sad!

by Jeff Sovern Some reactions from Politico's Morning Money: TOP EMAIL from Richard Hunt, President & CEO of the Consumer Bankers Association: “Four debates and no Wall Street or bank bashing. Didn't see that coming.” * * * Cowen’s Jaret Seiberg: “Sec. Hillary Clinton and Donald Trump have now faced off in three presidential debates […]

To Users of Our Casebook Who Assign the CAN-SPAM Materials: Facebook Case Reversed in Part

by Jeff Sovern The Ninth Circuit reversed the portion of the Facebook, Inc. v. Power Ventures, Inc., case at page 510 of our consumer law casebook, dealing with the CAN-SPAM Act, on the issue of whether the spam was materially misleading.  Other portions of the decision, not reprinted in the casebook, were affirmed in part.   The decision is reported […]

WaPo’s Michelle Singletary: Stop the insanity over the consumer protection board

Here. Excerpt: Throughout history, Congress has had to step in to make corporations do the right thing. That’s why we have rules about working conditions. That’s why we have a minimum wage. And that’s why the CFPB was established to help with gaps in consumer protection. It was time to do something different. It was […]

Which Consumer Law Tweeters Do You Follow?

by Jeff Sovern I find Twitter a useful source of information on a wide variety of topics. I'm curious to know whom people follow in the area of consumer law.  Sources I find helpful (in no particular order): David Dayen, Mathew Bruckner, Financial Services (Dems on the House Financial Services Committee), Consumer Reports, Ted Frank, […]

SCOTUS Takes FDCPA Case

The case is Midland Funding, LLC v. Johnson.  SCOTUSBlog describes the issues as: (1) Whether the filing of an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices Act; and (2) whether the Bankruptcy Code, which governs the filing of proofs of claim in bankruptcy, […]

Excellent Analysis of the DC Circuit CFPB Decision . . .

. . .  from Adam Levitin at Credit Slips.  I don't usually link to Credit Slips, on the theory that most of our blog readers also read that blog, but this post was too good not to link to. It will be interesting to see if this decision does indeed take the wind out of the […]