Author Archives: Jeff Sovern

Major CFPB Report on Credit Reporting Agencies

by Jeff Sovern Here.  Two points from the Executive Summary, though there's quite a bit more than this:  The NCRAs have created an automated system for handling consumer disputes and forwarding them to data furnishers. Through this automated system – called e-OSCAR – the NCRAs provide furnishers with one or two numeric codes indicating the […]

Engel & Mccoy on Preemption After Dodd-Frank

Kathleen C. Engel of Suffolk Patricia A. McCoy of Connecticut have written Federal Preemption and Consumer Financial Protection: Past and Future, 3 Banking & Financial Services Policy Report 25 (2012).  Here is the abstract: Many states and cities filled the void by passing anti-predatory lending laws of their own. Lenders, worried about potential liability, quickly organized a […]

American Banker: Lobbying CFPB on Arbitration Intensifies

Here (login required).  An excerpt: Likewise, there was initially deep skepticism inside the banking industry about the CFPB's arbitration study, and there is still a belief among industry insiders that the agency's research is likely to lead to new regulations. * * * But over the last few months, industry observers have been relatively pleasedwith they […]

Disclosure vs. Regulation

by Jeff Sovern Last week I had a very interesting conversation with a Ph.D candidate from the University of Amsterdam, Frederik J. Zuiderveen Borgesius, who is researching privacy regulation and behavioral targeting. He asked me if I could refer him to a book that explores when disclosure is an appropriate response to consumer protection problems […]

Dee Pridgen Paper on the CFPB and Recent Consumer Protection Statutes

Dee Pridgen of Wyoming has written Sea Changes in Consumer Financial Protection: Stronger Agency and Stronger Laws.  I read this one before it was posted and found it particularly useful in pulling together some recent themes in consumer law and explaining how the Dodd-Frank Act's anti-predatory lending rules are based on behavioral economics, as opposed to […]

More From Robert Hockett on Using Eminent Domain to Solve the Underwater Mortgage Debt Problem

Robert C. Hockett of Cornell has written Paying Paul and Robbing No One: An Eminent Domain Solution for Underwater Mortgage Debt that Can Benefit Literally Everyone. Here's the abstract: This essay provides updated argumentation for and abbreviated specification of the municipal eminent domain plan for underwater mortgage loans that the author lays out in his […]

Debt Collection Litigation Tidbits

by Jeff Sovern I've been pulling together some materials for a section in the next edition of our casebook on debt collection litigation.  Here is some of what I've found: 1. From FTC, Reparing a Broken System: Protecting Consumers in Debt Collection Litigation and Arbitration i (2010): “The system for resolving disputes about consumer debts […]

Mark Budnitz on Mobile Financial Services

Mark Elliott Budnitz of Georgia State has written Mobile Financial Services: The Need for a Comprehensive Consumer Protection Law, 27 Banking & Finance Law Review (2012).  Here's the abstract: The article first describes mobile financial services for consumers and the types of companies participating in the provision of those services. Anticipated consumer problems are explored, […]