Author Archives: Jeff Sovern

Our Study Finds Widespread Consumer Misconceptions About the Arbitration Clauses

by Jeff Sovern Elayne Greenberg, Paul Kirgis, Yuxiang Liu, and I have posted a draft of our article, "Whimsy Little Contracts" with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements, to the web.  Here's the abstract: Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the […]

Preston Paper on Clickwrap and Browsewrap

Cheryl B. Preston of Brigham Young has written 'Please Note: You Have Waived Everything': Can Notice Redeem Online Contracts? Forthcoming in the American University Law Review.  Here is the abstract: Online consumers are largely unaware of the extent to which their actions are governed by legal terms in the form of clickwraps or browsewraps. These contracts […]

American Banker Report on Campaign Contributions by the Financial Industry

Here. An excerpt: There's been a concerted move to the right by the banking industry since the passage of the Dodd-Frank Act in 2010. The industry already tilted slightly Republican for years, but there's been a more distinctive shift over the past two election cycles. Employees and PACs representing the financial sector have given 62% […]

Nathalie Martin Article Calls for Federal Usury Cap

Nathalie Martin of New Mexico has written Public Opinion and the Limits of State Law: The Case for a Federal Usury Cap, 34 North Illinois University Law Review (2014). Here's the abstract: This Article calls on Congress to set a federal interest rate cap of 36%, applicable to all loans. Part II of this Article briefly describes […]

Wilson on Prepaid Cards

Catherine Lee Wilson of Nebraska has written Making Prepaid Safe for Consumers:  A Framework for Providing Deposit Insurance and Regulation E Protections, Forthcoming in the University of Pennsylvania Journal of Business Law.  Here's the abstract: General purpose reloadable prepaid cards are part of a larger trend toward a cashless society.  This market offers significant benefits […]