Author Archives: Jeff Sovern

Some First Thoughts on What the Election Means for the Consumer Financial Protection Commission

by Jeff Sovern It looks like the Republicans have captured the presidency and both houses of Congress, but that the Democrats will retain enough Senate seats to use the filibuster to block legislation, assuming the filibuster rules don't change.  Filibusters cannot be used to prevent confirmation of most presidential nominees, but can still be used […]

ProPublica: Facebook Lets Advertisers Exclude Users by Race

Here.  For example, advertisers can specify that their housing ads not be shown to African-Americans, Asian-Americans, Hispanics, etc., in apparent violation of various laws.  HUD is now reported to be looking into the matter, and a class action suit has been filed. It is not clear from the story whether the option is limited to […]

Man Spends $100,000 to Arbitrate $150 in Citibank Overdraft Fees

CBS MoneyWatch has the story here. (HT: Gregory Gauthier).  Excerpt: While the arbitrator sided with Dempsey, the ruling proved to be something of a Pyrrhic victory. The decision awarded Dempsey more than $20,500 in actual and punitive damages, as well as $30,000 in attorney fees, or about one-third of Dempsey’s legal costs. Since Citibank has […]

Kathleen Engel Article: Local Governments and Risky Home Loans

Just in time for the Supreme Court's oral argument on Tuesday in Wells Fargo v. Miami, Suffolk's Kathleen Engel, an important thinker on consumer law, has written Local Governments and Risky Home Loans, 69 Southern Methodist University Law Review 609.  Here is the abstract: Municipalities from the Central Valley in California to Upstate New York bear the […]

Sebok Article: The Unwritten Federal Arbitration Act

Anthony J. Sebok of Cardozo has written The Unwritten Federal Arbitration Act, 65 DePaul Law Review (2016).  Here's the abstract: Justice Scalia’s opinion in AT&T Mobility LLC v. Concepcion presented a new challenge to lawyers and scholars concerned with the unbridled growth of mandatory consumer arbitration. Not only did the decision continue to expand the scope […]

Odinet & White Paper on the CFPB’s Proposed Debt Collection Rules

Christopher K. Odinet and Roederick C. White Sr., both of the Southern University Law Center, have written Regulating Debt Collection, Review of Banking and Financial Law, 2017 (Forthcoming).  Here is the abstract: Debt collection. It often starts as a late night call carrying threats of being thrown in prison, ruin at the workplace, and trouble […]

Joanne Doroshow’s HuffPo Op-ed: FTC May Make it Easier for Used Car Dealers to Sell Recalled Cars

Here.  Doroshow is at New York Law School's Center for Justice and Democracy. Excerpt: The FTC, whose tag line is “Protecting America’s Consumers,” has decided to side with the corporate lawyers and executives at General Motors and two used car chains, agreeing to a legal settlement regarding the sale of cars under safety recall. Specifically, […]

Study Finds Consumers Think Fast Foods Have More Calories Than They Do; Calorie Disclosures May Make Such Foods Appear Healthier

Simon Hedlin has written Calorie Overestimation Bias and Fast Food Products: The Effects of Calorie Labels on Perceived Healthiness and Intent to Purchase.  Here's the abstract: In 2014, the United States Food and Drug Administration announced that chain restaurants with 20 or more locations would be required to put calorie labels on the menu. The […]