Christine Riefa of Brunel and Christiana Markou of the European University Cyprus have written Online Marketing: Advertisers Know You are a Dog on the Internet!, in Savin, Trzaskowski (Eds) Research Handbook on EU Internet Law (Edward Elgar 2014) 383-410. Here's the abstract: This piece explores the regulation of online marketing. The Internet has enabled advertisers […]
Author Archives: Jeff Sovern
by Jeff Sovern Did Congress give the CFPB the power to ban or regulate arbitration clauses in consumer financial contracts? Not according to a Pepper Hamilton partner, according to a pair of recent reports. Here's an excerpt from a piece at credit.com. The CFPB’s Arbitration Ban Could Be the Next Supreme Court Showdown: “It comes down […]
Michael S. Barr of Michigan has written Mandatory Arbitration in Consumer Finance and Investor Contracts, 11 New York University Journal of Law and Business (2015). Here is the abstract: Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts — for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These […]
by Jeff Sovern Here. The first paragraphs read: Defying the threat of a White House veto, the House on Wednesday afternoon passed bipartisan legislation to help homebuyers avoid delays and disruptions when closing on their new homes by a bipartisan vote of 303-121. The bill, the Homebuyers Assistance Act, provides a four-month grace period for businesses that […]
Here. Non-disparagement clauses are suddenly drawing a lot of attention.
The Bureau's announcement is here. An excerpt: Today the Consumer Financial Protection Bureau (CFPB) announced it is considering proposing rules that would ban consumer financial companies from using “free pass” arbitration clauses to block consumers from suing in groups to obtain relief. Buried in many contracts for consumer financial products like credit cards and bank […]
Despite complaints from some that Dodd-Frank has led to the closing of community banks, the Wall Street Journal reports something different here. Some excerpts: It's a favorite lament of community banks: The 2010 Dodd-Frank law is squeezing small financial firms and crimping access to credit for Main Street, all in the name of protecting the […]
The late great Jean Braucher and Barak Orbach, both of Arizona, have written Scamming: The Misunderstood Confidence Man, 27 Yale Journal of Law and the Humanities, (2015, Forthcoming). Here's the abstract: Samuel Thompson, the swindler who gave name to confidence men (“con men”) was “a man of genteel appearance,” “ladies’ man,” and gifted with “persuasive powers.” […]
Here, in the Daily Kos. An excerpt: If Spotify does something illegal, no one can ever know that a consumer is challenging it. And then, if an arbitrator did find that Spotify acted illegally (which is asking a lot, since Spotify will pick the private arbitration company that will, in turn, select the arbitrator to hear the […]
Here. Excerpt: We believe that consumers should not be forced into arbitration. The Consumer Financial Protection Bureau should use its authority to stop forced arbitration in financial services; it recently announced it's holding a hearing on October 7 in Denver to discuss the topic, and may make an announcement then. Congress should enact legislation to make arbitration voluntary in […]