Kevin M. McDonald of VW Credit, Inc. and Kenneth J. Rojc of Nisen & Elliott, LLC have written Automotive Finance: Shifting into Regulatory Overdrive, 69 Bus. Law. 599 (2014). Here is the abstract: As part of the Annual Survey of the American Bar Association Section on Business Law, this article examines the impact of the […]
Author Archives: Jeff Sovern
Last year, we posted a link to Omri Ben-Shahar's review of Margaret Jane Radin's Boilerplate. Now she returns the favor by comenting on More Than You Wanted to Know: The Failure of Mandated Disclosure, the book he co-authored with Carl Schneider in her essay, Dismissing Disclosure? Here is the abstract: This essay responds to a […]
The New York Times has run several troubling pieces recently on predatory subprime car lending, most notably here. Today's Times includes an editorial that states: Dealers who can offload loans to banks before the loans fail take the same rapacious approach that mortgage lenders took in the run-up to the recession. They prey on less […]
Kenneth K. Ching of Regent has written What We Consent to When We Consent to Form Contracts: Market Price. Here is the abstract: Contracts require consent, yet no one reads form contracts. So what do we consent to when we consent to form contracts? Scholarly answers to this question range from “we consent to everything […]
Anne Fleming of Georgetown has written The Rise and Fall of Unconscionability as the 'Law of the Poor,' 102 Georgetown Law Journal No. 5 (2014). Here's the abstract: What happened to unconscionability? Here’s one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, […]
by Jeff Sovern An American Banker article this week (behind paywall) noted that payday lending has been the subject of only one percent of the complaints to the CFPB complaint database. According to the article: "The 1% figure for payday is very low… I think the CFPB is probably surprised, or at least disappointed," said […]
The "INTERNATIONAL JOURNAL ON CONSUMER LAW AND PRACTICE, published by the National Law School of India University (NLSIU), Bangalore, has issued a call for papers. The deadline is September 1. More information below the fold.
Nancy S. Kim of California Western has written Exploitation by Wrap Contracts — Click 'Agree', 39 California Bar IP Journal, no. 2, pp. 10-17 (2014). Here is the abstract: A spate of news articles involving online agreements has made headlines recently. They provide cautionary tales of the brave new world of wrap contracts where unwitting users […]
My co-author, Dee Pridgen of Wyoming, took time out from updating her treatise to report on a recent New Mexico decision, State ex rel King v. B&B Investment Group, Inc., 2014 WL 2893304 (N.M. June 26, 2014). Here's her comment: In the case, the State AG successfully sued a “signature loan” company that was selling small […]