Author Archives: Jeff Sovern

More Witnesses for House Arbitration Hearing Announced

The added witnesses are Jason S. Johnston of Virginia School of Law and Dong Hong, VP and Regulatory Counsel, Consumer Bankers Association. A link to Johnston's article on class actions is included in the post just below this one.  Johnston has previously criticized the Bureau's arbitration report and the Dodd-Frank mortgage restrictions. Neither witness seems likely to […]

Three Articles on Arbitration and Class Actions

Sarah Rudolph Cole has written The Federalization of Consumer Arbitration: Possible Solutions, University of Chicago Legal Forum No. 271. Here's the abstract: Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses in contracts with consumers. Although commentators criticize the use of arbitration to resolve consumer disputes because arbitration lacks the […]

House Financial Services Committee to Hold Hearing on CFPB Arbitration Rule

The title of the hearing is "Examining the CFPB’s Proposed Rulemaking on Arbitration: Is it in the Public Interest and for the Protection of Consumers?"  It will take place Wednesday, May 18. The witnesses seem not to have been announced, but given the composition of the Committee, I think we can anticipate the majority answering […]

Announcement for Students and Others: Antitrust and Consumer Protection State Legislation Monitoring Initiative

We have been asked to announce this to students: The Consumer Protection and Legislation Committees of the Section of Antitrust Law are looking for volunteers to monitor state antitrust and consumer protection legislative developments and when appropriate, draft short legislative updates to post on Connect.  The volunteer involvement will consist of monitoring antitrust and consumer […]

Law Professor Letter Supporting Arbitration Rule in the Works

by Jeff Sovern Jean Sternlight of UNLV is circulating an impressive and well-argued letter for law professors to sign supporting the CFPB's proposed arbitration regulation.  According to my count, 139 have already signed it.  If you would like to add your name to the list, please email Jean at jean.sternlight@unlv.edu no later than May 20.

Dee Pridgen’s Review of Chris Hoofnagle’s Federal Trade Commission: Privacy Law and Policy

Chris Jay Hoofnagle, FEDERAL TRADE COMMISSION:  PRIVACY LAW AND POLICY (2016) Reviewed by Dee Pridgen Chris Hoofnagle has put together an impressive, authoritative and useful treatise on the law of consumer privacy in the U.S. and the role of the Federal Trade Commission.  This book is an excellent read for all those interested in consumer […]

More on the Argument that the CFPB’s Single Director Structure is Unconstitutional

Last week I posted something about the latest attack on the CFPB's constitutionality because of its single-director structure and sought comment.  Americans for Financial Reform Policy Counsel Brian Simmonds Marshall addressed the issue on the ACS Blog in an informative post titled An Easy Case: Why a Federal Appeals Court Should Reject a Constitutional Challenge to […]