Oren Bar-Gill of Harvard and Kevin E. Davis of NYU have written (Mis)perceptions of Law in Consumer Markets. Here's the abstract: There are good reasons to believe that consumers’ behavior is sometimes influenced by systematic misperceptions of legal norms that govern product quality. Consumers might misperceive specific rules, such as those found in food safety […]
Author Archives: Jeff Sovern
From Politico's Morning Money, by Ben White: M.M. hosted a panel at the ABA conference on Wednesday that generated some controversy when Rep. Blaine Luetkemeyer (R-Mo.), a senior member of the House Financial Services Committee, said people needed to "find a way to neuter" Sen. Elizabeth Warren (D-Mass.), whom he called "the Darth Vader of […]
We have received the following Call for Papers: The three Consumer-Protection related committees of the ABA Antitrust Section (Consumer Protection, Privacy, and Advertising Disputes & Litigation Committees) are excited to announce a new initiative geared towards young lawyers and law students interested in the consumer protection and privacy fields – an opportunity to get published […]
House Financial Services Chair Jeb Hensarling gave a speech today to the American Bankers Association Frank Act. During the speech, he said the following about the CFPB: [T]hey’re certainly not helped when Obama’s Financial Control Law [his name for the Dodd-Frank Act that created the CFPB, among other things] has killed off a benefit many, […]
by Jeff Sovern I recently listened to the audio version of a book authored, by two Nobel Prize winners, George A. Akerlof & Robert J. Shiller, titled Phishing for Phools: The Economics of Manipulation and Deception. Their basic thesis is that while free markets have the salutary effect of encouraging sellers to provide things that consumers want, free […]
Maybe not, according to this NY Times article. Excerpt: [S]ome argue that the Supreme Court under Chief Justice John G. Roberts Jr. has become perhaps the most business-friendly court in recent history. A 2013 study by Lee Epstein of Washington University in St. Louis, William M. Landes of the University of Chicago Law School and […]
Here. It's mostly about Florida Representative and Democratic National Committee chair Debbie Wasserman Schultz's proposal to derail the CFPB's possible payday lending rule that Brian blogged about a few days ago. Excerpt: [Wasserman's] spokesman, Sean Bartlett, said the legislation "is about preserving the shared goal of implementing strong consumer protections while also preserving access to […]
Here (behind paywall). Excerpt: Bankers are still grappling with vendor software problems, longer processing times and delays in mortgage closings as a result of new disclosures that went into effect four months ago, according to a new survey by the American Bankers Association. The survey, which was released Tuesday, found that banks are delaying closings […]
Tess Wilkinson‐Ryan of Penn has written Contracts Without Terms. Here is the abstract: In consumer contracting, the ritual of documentation and provision of terms is essentially vestigial, at least as a form of deal-making communication between the parties. This paper starts with a thought experiment: what would it look like to have contracts but no […]
Here. Excerpt: [M]any of the Roberts Court’s most important business cases were decided by a 5–4 margin, with the five conservative Justices voting as a bloc. And, as [Vanderbilt law professor Brian] Fitzpatrick points out, “Scalia has done more than any other justice in making it difficult for consumers and employees to bring class-action suits. […]