Arpan Sura and Robert A. DeRise, both of Arnold & Porter, have written Conceptualizing Concepcion: The Continuing Viability of Arbitration Regulations. Here's the abstract: Section 2 of the Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the […]
Author Archives: Jeff Sovern
Ginger Chouinard of New Mexico has written The 'Other' Credit Report: What You Don't Know Can Hurt You. Here's the abstract: Nearly 90% of financial institutions use ChexSystems or similar account screening reports in their account opening process, yet they are under no duty to disclose this to consumers until an account is denied due […]
Nancy Welsh of Penn State has written Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards, 42 Southwestern University Law Review 187 (2012). She presented the paper at the AALS annual conference. Here's the abstract: Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute […]
Raymond H. Brescia of Albany has written The Community Reinvestment Act: Guilty, but Not as Charged. Here's the abstract: Since its passage in 1977, the Community Reinvestment Act (CRA) has charged federal bank regulators with "encourag[ing]" certain financial institutions "to help meet the credit needs of the local communities in which they are chartered consistent […]
Today's Times has an editorial, Bleeding the Borrowers Dry. Here is the final paragraph: A bill pending in the Senate, known as the Safe Lending Act, would require all online lenders to comply with state laws that provide stronger consumer protections than the federal statutes. It would establish once and for all that payday loan […]
On Sunday, Brian posted a link to the Times story, Major Banks Play Key Role in Payday Loans Banned by States. Yesterday, the Times followed up with a report, Dimon Pledges to Change JPMorgan’s Practices on Payday Loans. The specific practice that has drawn Dimon's ire is of withdrawing money from depositors' accounts to repay payday loans […]
Here. According to the report, Ramirez was an intellectual property lawyer before joining the FTC. It's not clear how much expertise she had in consumer law before becoming a commissioner.
by Jeff Sovern Here. According to the story, Representative Hensarling called the CFPB "Orwellian-titled." So I guess he doesn't think the Bureau actually protects consumers (or maybe he thinks it isn't really a bureau). I would love to hear Representative Hensarling's reasoning on that one. Does he believe, for example, that clearer disclosures are harmful to […]
by Jeff Sovern Here. But their definition of "few" still seems high. "Only" 4.2% of the consumers whose homes were foreclosed upon are said to have been "harmed" by robosigning. That seems to come from a report from the OCC which has historically been captured by the banks, though since the appointment of Thomas Curry […]
Vanderbilt Ph.D. student Kathryn Fritzdixon, Jim Hawkins of Houston, & Paige Marta Skiba of Vanderbilt have writtetn Dude, Where's My Car Title?: The Law, Behavior, and Economics of Title Lending Markets. Here's the abstract: Millions of credit-constrained borrowers turn to title loans to meet their liquidity needs. Legislatures and regulators have debated how to best […]