Author Archives: Jeff Sovern

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. […]

Drahozal Article on Confidentiality in Arbitration

Christopher R. Drahozal of Kansas has written Confidentiality in Consumer and Employment Arbitration, 7 Yearbook on Arbitration & Mediation ___ (forthcoming 2015). Here is the abstract: This article examines an apparent misperception among some commentators about the confidentiality of consumer and employment arbitration in the U.S. Arbitration is a private process—i.e., the public cannot attend […]

Braucher & Litwin Article on Examination as a Method of Consumer Protection

The late Jean Braucher of Arizona and Angela K. Littwin of Texas have written Examination as a Method of Consumer Protection, 87 Temple Law Review, 807 (2015).  Here is the abstract: Lack of compliance with consumer protection law has been a crucial problem in the field for as long as such law has existed. The Consumer […]

TheStreet’s Susan Antilla on the Chamber of Commerce

Here.  An excerpt:   [The Chamber] slammed the U.S. Securities and Exchange Commission for sometimes pursuing violators of securities law in the comfort of its in-house courts rather than try the cases in the public courts. There are "substantial differences" in the processes used in the two forums, the Chamber's Center for Capital Markets Competitiveness wrote […]

UNIVERSITY OF PRETORIA SECOND INTERNATIONAL CONSUMER LAW CONFERENCE CALL FOR PAPERS

Quoting from the announcement: The Department of Mercantile Law at the University of Pretoria, South Africa will host an international consumer law conference that will focus on relevant developments internationally and nationally in the field of consumer law. The conference theme is "Towards Aligning Consumer Protection in a Global Consumer Market". The following aspects of […]