Author Archives: Jeff Sovern

MarketWatch: The student loan system is so complicated even the experts have trouble figuring it out

Here.  Depressing excerpt: As director of the National Consumer Law Center’s Student Loan Borrower Assistance Project, Persis Yu spends her days doing pretty much exactly what her title implies — working on behalf of low-income student loan borrowers both helping them with their individual cases and advocating for laws and policies that would benefit them. […]

Times Headline on Acting Head of OCC: Lawyer Is Now Regulating Banking Industry He Spent His Career Protecting

Here. Excerpt: [L]ast week’s appointment of the lawyer, Keith A. Noreika, to run the Office of the Comptroller of the Currency is unusual because it does not require him to sign the ethics pledge that President Trump is forcing on other appointees. * * * [T]he White House used an administrative quirk to appoint Mr. […]

CFPB Prepaid Card Rule Expected to Survive CRA Challenge

Congress could have blocked the rule using the Congressional Review Act, but the deadline for the Senate vote appears to be tomorrow and it looks like the Senate won't get to it, and that even if it did, it might not pass. Bloomberg and American Banker have reports. Here's an excerpt from the American Banker story: […]

Schumer Recommends Rohit Chopra for FTC Seat

The HIll has the story here. Chopra has a strong record of protecting consumers, having been the student loan ombudsman at the CFPB, and is currently at the Consumer Federation of America (we quoted him just last week).  The FTC currently has two commissioners in place out of five, one from each major party, and cannot […]

Susan Dynarski: The Wrong Way to Fix Student Debt

Here, in the Times's Economic View column.  Excerpt: [T]he Trump administration is taking us in the wrong direction, making student loans riskier, more expensive and more burdensome for borrowers. First, the Education Department has weakened accountability for the companies that administer student loans. Second, it has made it more difficult for borrowers to apply for, […]

Marotta-Wurgler Study on Explanations for Privacy Policy Content

Florencia Marotta-Wurgler of NYU has written Self-Regulation and Competition in Privacy Policies, 45 Journal of Legal Studies (2016). Here's the abstract I investigate alternative explanations for the content of privacy policies. Under one model of self-regulation, firms signal their privacy protections to consumers by highlighting compliance with third-party guidelines. However, in a sample of 249 […]

My Latest Law Review Article: Free-Market Failure: The Wells Fargo Arbitration Clause Example

by Jeff Sovern It's for an arbitration symposium at Rutgers and is available for download here.  I would love to hear comments!  Here's the abstract: In September 2016, regulators charged Wells Fargo with opening millions of unauthorized accounts on behalf of its customers. When some of those customers filed class actions against Wells, the bank initially […]

Dalie Jimenez and Others Developing Self-Help Kits for Consumers with Debt Problems

Report here. Excerpt: One of Jiménez’s biggest undertakings to date is the Financial Distress Research Project, an initiative she supervises with James Greiner and Lois Lupica, law professors at Harvard and the University of Maine law schools respectively. The goal of the enterprise – a signature project of the Access to Justice Lab at Harvard […]

House Financial Services Committee By Party Vote Passes Choice Bill To Cripple CFPB

The HIll report is here. Excerpt: The CHOICE Act also places major restraints on the Consumer Financial Protection Bureau (CFPB), an agency created by Dodd-Frank that the GOP has long called unaccountable, abusive and redundant. The bill renames the CFPB the Consumer Law Enforcement Agency and reduces its power to enforce pre-existing consumer protection laws. […]