Joseph M Hnylka of Nova Southeastern has written Continuing to Litigate after You Have Won: Courts Defy Article III to Avoid Mooting TCPA Class Actions, Despite Defendants’ Rule 68 Offers of Complete Relief, 64 Drake Law Review (2016). Here's the abstract: Every day, thousands of ordinary Americans receive unwelcome faxes, text messages, and prerecorded telephone calls […]
Author Archives: Jeff Sovern
by Jeff Sovern My co-author, Kate Walton, and I have posted a draft of our new article, Are Validation Notices Valid? An Empirical Evaluation of Consumer Understanding of Debt Collection Validation Notices to SSRN. We would love comments on this version. Here's the abstract: A principal protection against the collection of consumer debts that are […]
by Jeff Sovern If I had known about this study a few days ago, I would have added it to my list for John Oliver. The study is Jonathan A. Obar & Anne Oeldorf-Hirsch, The Biggest Lie on the Internet: Ignoring the Privacy Policies and Terms of Service Policies of Social Networking Services (2016). The […]
David S. Schwartz of Wisconsin has written Justice Scalia's Jiggery-Pokery in Federal Arbitration Law, Minnesota Law Review, Vol. 101, Headnotes 75 (2016). Here's the abstract: "Jiggery-pokery," a phrase introduced into the U.S. Reports by the late Justice Scalia, is emblematic of Justice Scalia's style — both his lively writing style and his penchant for criticizing his […]
This weekend, the Times ran a pair of pieces that laid out other ways to handle student loans. In America Can Fix Its Student Loan Crisis. Just Ask Australia, Susan Dynarski wrote about how other countries deal with student loans. Here's an excerpt: [T]here is no student debt crisis in Sweden, because payments are spread out […]
by Jeff Sovern As I listen to more of the Chain of Title audiobook, I am struck by how the acts of the robo-signers resemble those of consumers faced with disclosures. Like the consumers, the robo-signers signed the documents without reading them, trusting that the documents presented for their signature were what they should be. […]
Dear Mr Oliver: Your show, Last Week Tonight, has had several entertaining segments on consumer law issues, including debt buyers, credit reports, and student loans. But you're missing out on a consumer law subject that can be quite entertaining (unfortunately), even without your special touch. I refer to consumer disclosures. Some of the aspects of […]
by Jeff Sovern Yesterday the House passed the financial services appropriations bill. Here is how the Appropriations Committee describes the bill's provisions pertaining to the CFPB: The bill includes a provision to increase oversight over the CFPB by bringing funding for the agency under the annual congressional appropriations process, instead of direct funding from the […]
Harvard Law S.J.D. candidate and John M. Olin Fellow Meirav Furth-Matzkin has written On the Surprising Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market. Here is the abstract: This paper explores the prevalence of unenforceable terms in consumer contracts. Taking the residential rental market in the Greater Boston Area as a test […]