Author Archives: Jeff Sovern

Times Article on the Possible Use of Eminent Domain to Deal with Underwater Homes

Here.  The article describes the opposition from the industry to the plan–which includes threats not to make mortgage loans in the future in communities that use eminent domain to seize underwater home–and also discusses what happened in 2002 when the industry made good on such threats in response to a different law: In 2002, the […]

Times: Loan Monitor Is Accused of Ruthless Tactics on Student Debt

Here.  An excerpt: [W]hile there has been attention to aggressive student debt collectors hired by the federal government, the [Educational Credit Management Corporation] does something else: it brings legal challenges to those few who are desperate enough to seek bankruptcy relief.        * * *        Founded in 1994, just after the largest agency backstopping federal student […]

Mary Spector Article: Where the FCRA Meets the FDCPA: The Impact of Unfair Collection Practices on the Credit Report

We had previously posted a link to a site from which you could purchase SMU professor Mary Spector's article, Where the FCRA Meets the FDCPA: The Impact of Unfair Collection Practices on the Credit Report, 20 Georgetown Journal on Poverty Law Policy (2013).  Now it's available for free on SSRN. Here is the abstract: This […]

CFPB Finds Amex Engaged in Illegal Credit Card Practices, Orders $59.5 Million Refund

The CFPB statement is here; Times coverage here. From the Bureau's statement: Some consumers were led to believe that if they bought the Account Protector product, their minimum monthly payment would be cancelled if they experienced a qualifying life event. In reality, the benefit payment would be limited to 2.5 percent of the consumer’s outstanding […]

Pomeranz Paper on Food Marketing

Jennifer L. Pomeranz of Temple's Department of Public Health has written Extending the Fantasy in the Supermarket: Where Unhealthy Food Promotions Meet Children and How the Government Can Intervene, 12 Indiana Health Law Review 117 (2012).  Here's the abstract: This paper summarizes research concerning the extent of in-store marketing of foods to children and the […]

Clarke & Zywicki Paper on Payday Lending and Bank Overdraft Protection

Robert L. Clarke of Bracewell & Giuliani LLP and Todd J. Zywicki of George Mason University (Zywicki notes in an "about the authors" that he is a former director of the FTC's Office of Policy Planning but omits his links to the industry) have written Payday Lending, Bank Overdraft Protection, and Fair Competition at the Consumer […]

Adam Levitin Article on Securitization and Title Issues

Adam J. Levitin of Georgetown has written The Paper Chase:  Securitization, Foreclosure, and the Uncertainty of Mortgage Title, 63 Duke Law Journal 637 (2013). Here is the abstract: The mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of […]