Author Archives: Jeff Sovern

Papers on Privacy

Ira Rubinstein of NYU's Information Law Institut has written Big Data: The End of Privacy or a New Beginning?  Here's the abstract: “Big data” refers to novel ways in which organizations, including government and businesses, combine diverse digital data sets and then use statistics and other data mining techniques to extract from them both hidden […]

Lea Krivinskas Shepard on Discrimination in Consumer Protection

Lea Krivinskas Shepard of Loyola Chicago has written Toward a Stronger Financial History Antidiscrimination Norm, 53 Boston College Law Review (2012).  Here's the abstract: This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants’ credit reports and financial histories in the hiring […]

The CFPB’s Proposed Mortgage Disclosures and the De-Emphasizing of the APR

by Jeff Sovern One of the big changes in the CFPB's proposed mortgage disclosure forms is the de-emphasis of the APR.  The APR has historically been one of the most central Truth in Lending disclosures.  For example, for closed-end loans, it must be clear and conspicuous and appear in the "Federal Box" under 12 C.F.R. […]

Judge Debevoise on the Wackiness of the Fair Credit Reporting Act

by Jeff Sovern Burrell v. DFS Services, LLC, 753 F.Supp.2d 438 (D.N.J. 2010) is a couple years old now but we haven't blogged about it before and the problem it describes has not been fixed so it still merits atttention.  Burrell was victimized by an identity thief and complained about it to the creditors rather […]

Victor Stango: Are Payday Lending Markets Competitive?

Victor Stango of UC Davis Graduate School of Management has written Are Payday Lending Markets Competitive? Regulation (Fall 2012) at 26.  Here's the abstract: The rapid and widespread growth of the payday loan market has sparked considerable controversy, in part regarding the “high” prices charged for these loans. This article presents several new pieces of […]

CFPB Head Cordray Joins Regulators’ Letter Opposing Agency Review Bill

The American Banker has the story here and here is the Chicago Tribune's coverage.  The bill would require the CFPB, as well as other independent federal agencies, to jump through additional hoops before adopting regulations.  Many consumer groups have also opposed the bill in a letter.

National Law Journal Article on What Happens to CFPB if Romney Wins

Here. An excerpt: Lawyers believe Cordray will remain at the helm of the agency until his appointment expires in December 2013, though some predict he'll step down a few months early to run for governor of Ohio. As a result, the CFPB — at least initially — is likely to hold course. That means more […]

Shay Lavie Paper on Class Actions

Shay Lavie of Harvard has written The Malleability of Collective Litigation, forthcoming in the Notre Dame Law Review. Here is the abstract: In Wal-Mart v. Dukes (131 S.Ct. 2541 [2011]), Wal-Mart avoided class action because employment decisions were made by local supervisors. However, it was Wal-Mart who chose to delegate discretion; by doing so, it […]