Author Archives: Jeff Sovern

Bloomberg Story on CFPB’s Arbitration Rule-Making

Here (behind paywall, unfortunately).  Excerpt: When the CFPB may [issue its arbitration rule] is unknown. A spokesman told Bloomberg BNA that the bureau continues to gather information from stakeholders on the arbitration rulemaking. A final regulation is unlikely to take effect before late 2017 or 2018, Joe Olson, a partner and class action defense specialist with Michael […]

Campbell Lecture on Paternalistic Intervention in Consumer Financial Affairs

John Y. Campbell of Harvard's Department of Economics has written Restoring Rational Choice: The Challenge of Consumer Financial Regulation.  Here is the abstract:  This lecture considers the case for consumer financial regulation in an environment where many households lack the knowledge to manage their financial affairs effectively. The lecture argues that financial ignorance is pervasive […]

Study of Privacy Policy Vagueness

Joel R. Reidenberg of Fordham, Jaspreet Bhatia and Travis Breaux, both of Carnegie Mellon,and Thomas B. Norton also of Fordham have written Automated Comparisons of Ambiguity in Privacy Policies and the Impact of Regulation. Here is the abstract: Website privacy policies often contain ambiguous language that undermines the purpose and value of privacy notices for […]

Josuhua Wright & John Yun on the FTC’s Unfairness Power and Digital Platforms

Former FTC Commissioner Joshua D. Wright, now of George Mason,  and John M. Yun of the FTC have written Stop Chug-a-Lug-a-Lugin 5 Miles an Hour on Your International Harvester: How Modern Economics Brings the FTC's Unfairness Analysis Up to Speed with Digital Platforms, 6 George Washington Law Review,  2130 (2015). Here is the abstract: In this […]

Are Consumers Using the New CFPB Mortgage Disclosures to Shop Around?

Not so much, according to this story in the Boston Herald. Excerpt: [Apparently [buyers are] not [using the disclosures] so much. Bill Emerson, chief executive of Quicken Loans, the country’s second highest volume mortgage lender, says his firm is seeing no surge in shopping by applicants using the Loan Estimate. “I don’t think consumers are changing […]

Homo Lex? Will Law Make the Same Transition Economics Is?

by Jeff Sovern Bear with me for a moment.  As is well-known, Richard H. Thaler and Cass R. Sunstein,in their important book Nudge, describe how classical microeconomics assumes that all people are rational. They call such rational people "Homo Economicus" or, for short, "Econs." But, as they also describe, and as Thaler elaborates on in his […]

Ben-Shahar & Chilton Study Finds Simplifying Privacy Disclosures Doesn’t Help

Omri Ben-Shahar and Adam S. Chilton both of Chicago have written Simplification of Privacy Disclosures: An Experimental Test. Here's the abstract: Simplification of disclosures is widely regarded as an important goal and is increasingly mandated by regulations in a variety of areas of the law. In privacy law, simplification of disclosures is near universally supported. […]