Author Archives: Jeff Sovern

Skiba & Xiao Article on Consumer Litigation Funding

Paige Marta Skiba and Jean Xiao of Vanderbilt have written Consumer Litigation Funding: Just Another Form of Payday Lending? 80 Law and Contemporary Problems (2017).  Here is the abstract: This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are […]

LA City Attorney: Why we can’t lose the Consumer Financial Protection Bureau

by Jeff Sovern Some congressional Republicans have said that the CFPB was asleep at the switch when it came to the Wells Fargo unauthorized account scandal, and that it just piggy-backed on the LA City Attorney, which was the first governmental office to bring a case against Wells for the accounts.  But now the LA […]

Second Circuit: Under TCPA, Consumer Can’t Revoke Consent That is Term in Prior Contract

The case is Reyes v. Lincoln Autmotive Financial Service, and it conflicts with decisions of the Third and Eleventh Circuits.  The TCPA has come in for increasing attention lately, with a recent hearing in Congress discussing possible amendments to the statute.  (HT: Gregory Gauthier) 

Alan Kaplinsky Reports Rumor that CFPB to Issue Arbitration Rule By July 31 and Cordray to Step Down This Year

Here, in the Consumer Finance Monitor.  Alan also notes that the rule can be blocked by congressional invocation of the Congressional Review Act, litigation, or, if Cordray does indeed step down, by a new Trump-appointed director.

Articles Praising/Explaining Debt Collection

by Jeff Sovern Our consumer law casebook strives to present a balanced approach, so I am always on the lookout for writings that present debt collectors favorably. In that regard, The Economist recently published In praise of America’s third-party debt collectors.  Here's an excerpt: A provocative new paper by Julia Fonseca, of Princeton University, and Katherine Strair and Basit Zafar, […]

Record-Breaking $60 Million FCRA Jury Verdict Against TransUnion

So Law360 reports here. The jury apparently found that Transunion did not follow reasonable procedures to assure maximum possible accuracy, as required under FCRA 1681e, when it reported that consumers' names matched those on a government watch list for terrorists and criminals.

SCOTUS Personal Jurisdiction Case Likely to Limit Nationwide Mass/Class Actions in State Courts

by Jeff Sovern Yesterday, SCOTUS decided the Bristol-Meyers case, limiting the power of state courts to exercise specific personal jurisdiction over out-of-state defendants in cases brought by out-of-state plaintiffs.  State courts can still hear cases, including nationwide class actions, through their general jurisdiction over defendants, as long as the defendant is essentially at home in […]