Author Archives: Jeff Sovern

What Should Courts Do About Validation Notices?

by Jeff Sovern We now have reason to believe that validation notices fail to convey to consumers the information Congress wants consumers to have. If the CFPB addresses validation notices in its regulation, courts can simply follow the Bureau's lead. But it could be years before that regulation takes effect.  What should courts do in the […]

Robertson Article on the First Amendment and Advertising “Off-Label” Drugs

Christopher T. Robertson of Arizona and Harvard's Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics has written A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming in the Ohio State Law Journal.  Here is the abstract: Scholars, advocates, and courts have begun to recognize […]

Revisions Coming to the FDCPA Validation Article . . .

by Jeff Sovern We need to make some revisions to our validation article discussion draft, in Part V A.1., beginning on page 27, and captioned "Did Respondents Understand that The Letter Said They Could Dispute the Validity of the Debt?" Consequently, please don't use that part of the article until the new version is on the web. […]

NCLC Report: Misaligned Incentives: Why High-Rate Installment Lenders Want Borrowerrs Who Will Default

Here.  Here's the beginning of the Executive Summary: Lenders normally want borrowers who will pay back their loans in full. This seems obvious—otherwise, won’t the lender lose money? Yet in the high-rate installment loan market, the normal incentive to make affordable loans does not work. When loans have high interest rates, lenders may seek out […]

Can Mathematical Modeling Help Create Payday Lending Regulations?

Daria Roithmayr of USC, Justin Chin, a USC law student, and Bruce Levin, an Emory biology professor, have written Cat and Mouse: A Dynamic Analysis of Predatory Payday Lending.  Here's the abstract: Legal actors and the regulators who pursue them often engage in a co-evolutionary game of cat and mouse, as each innovates to out-compete […]

American Banker: The CFPB’s Impact, Five Years On

Here (behind paywall). The article consists mostly of quotes and statistics.  Some excerpts (for some reason, I couldn't get the paragraph breaks to work correctly): * * * Republican lawmakers continue to gun for the CFPB. More than 50 bills pending in Congress have sought to defund, change or somehow restrict the agency. * * […]

Spector & Baddour Study of Texas Debt Collection

Mary Spector of SMU and Ann Baddour of Texas Appleseed, Fair Financial Services Project, have written Collection Texas-Style: An Analysis of Consumer Collection Practices in and Out of the Courts, 67 Hastings Law Journal (2016).  Here's the abstract: As many as forty-four percent of Texans with credit files have non-mortgage debt in collection; this is more […]

NCRC Study Finds Mortgage Discrimination Continues

Here.  From the Executive Summary: NCRC has found an extensive mortgage lending imbalance in St. Louis, with mortgage credit distribution heavily swayed by income levels and the racial makeup of neighborhoods. These trends are noteworthy, especially within the City of St. Louis. While median family income is a crucial factor, lending is concentrated in majority […]

What Does the Republican Platform Say About Consumer Protection?

The full platform is here.  Here are excerpts on consumer protection issues: The Republican vision for American banking calls for establishing transparent, efficient markets where consumers can obtain loans they need at reasonable rates based on market conditions. Unfortunately, in response to the financial institutions crisis of 2008-2009, the Democratic-controlled Congress enacted the Wall Street […]