Author Archives: Jeff Sovern

ALTA Survey Finds Increase in Consumer Review of Mortgage Disclosures Under New TRID (TILA/RESPA) Disclosures

by Jeff Sovern A press release is here. ALTA is the American Land Title Association. I haven't read the study (I couldn't find the actual report of the study on the web site), but it reports an increase in consumers who read the mortgage disclosures from 74% to 92% since the TRID disclosures went into effect. The […]

Chris Peterson Article on CFPB Enforcement

Christopher Lewis Peterson of Utah has written Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, forthcoming in the Tulane Law Review. Here's the abstract: In the aftermath of the U.S. financial crisis, Congress created a new federal agency — the Consumer Financial Protection Bureau (CFPB) — with the goal of fashioning a more just […]

Politico: Uncovering the ‘astroturf’ firm behind the CFPB attack ads

Here. Excerpt: The campaign is being run by Lincoln Strategy Group, a political consulting firm Tempe, Ariz. Its founder, Nathan Sproul, has been linked to several instances of suspected voter fraud and barred from Republican Party contracts. The company also worked with Steve Gates, the only person previously identified with Protect America's Consumers, on the […]

Perzanowski & Hoofnagle Article on What Consumers “Buy” When They Buy Digital Media

Aaron Perzanowski of Case Western Reserve and Chris Jay Hoofnagle of Berkeley have written What We Buy When We 'Buy Now', 165 University of Pennsylvania Law Review (Forthcoming 2017), Here's the abstract: Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” […]

Bagchi: Standard Terms in Consumer Contracts in Comparative Contract Law

Aditi Bagchi of Fordham has written At the Limits of Adjudication: Standard Terms in Consumer Contracts in Comparative Contract Law  (eds. DiMatteo & Hogg, (UP, 2015).  Here is the abstract: This chapter first identifies three features of standard form contracts that challenge the classical theory of contract: standard terms lack of salience, consumers lack practical […]

Sheriff and the FDCPA’s Materiality Requirement

by Jeff Sovern Yesterday the Supreme Court decided the Sheriff case.  One oddity about the case has to do with whether immaterial misrepresentations give rise to liability under the FDCPA.  Several circuits have held that misrepresentations have to be material to generate FDCPA liability.  See, e.g., Donohue v. Quick Collect, Inc., 562 F.3d 1027 (9th […]