Author Archives: Jeff Sovern

Mortgage Crisis in a Nutshell Video

John E. Campbell of Denver has created a video on the mortgage crisis. Here's the abstract (yes, there's an abstract): Before becoming a law professor, much of my work was as a litigator and appellate attorney. I became increasingly passionate about the problems that exist in the mortgage industry. I also became increasingly aware that […]

Shauhin Talesh Study on How Dispute Resolution Structures Affect Implementation of Consumer Law

Shauhin A. Talesh of Irvine has written How Dispute Resolution System Design Matters: An Organizational Analysis of Dispute Resolution Structures and Consumer Lemon Laws, 46 Law & Society Review (2012).  Here's the abstract: This study demonstrates how the structure of dispute resolution shapes the extent to which managerial and business values influence the meaning and implementation of […]

Gutierrez v. Wells Fargo Bank Reversed in Part

On Wednesday the Ninth Circuit gave Wells Fargo a belated Christmas present in Gutierrez v. Wells Fargo Bank, — F.3d —-, 2012 WL 6684748 (9th Cir. 2012), vacating the injunctive and restitution relief ordered by the lower court. The district court decision had held Wells Fargo's procedures for ordering debit card withdrawals unfair and fraudulent […]

Privacy Invasions That Also Discriminate

by Jeff Sovern Regular readers of this blog will know that businesses use cookies, etc. to track consumer online behavior for marketing purposes. But what may be less well known is that businesses use the information they glean online to offer different consumers different prices.  A recent paper makes the point. See Jakub Mikians, László […]

Freer on Recent (and Future?) Supreme Court Class Action Cases

Richard D. Freer of Emory has written The Supreme Court and the Class Action: Where We Are and Where We Might Be Going.  Here's the abstract: In 2010 and 2011, the Supreme Court decided five class action cases. In 2012, it has agreed to hear four more. This piece summarizes what the Court has done […]

Another Concepcion Paper, This Time From Harvard

David Korn and David Rosenberg of Harvard have written Concepcion's Pro-Defendant Biasing of the Arbitration Process: The Class Counsel Solution.  Here's the abstract: By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion created a […]

Do Consumers Want a Do-Not-Mail List?

Chris Jay Hoofnagle and Jennifer M. Urban, both of Berkeley Law, and Su Li of Berkely’s Center for the Study of Law and Society, have written Privacy and Advertising Mail.  Here’s the abstract: In this paper, we consider why Americans may frame the generation and receipt of unsolicited advertising mail as a privacy violation. We then present data […]