Author Archives: Jeff Sovern

Fallout from the CFPB’s “pause”

As Adam reported yesterday, the CFPB has gone dark. One place this is playing out is the courts. Yesterday, the Fifth Circuit was scheduled to hear two oral arguments. In one, Chamber of Commerce v. CFPB, which raises the issue of whether discrimination is unfair within the meaning of the CFPB’s UDAAP statute (disclosure: I […]

NACA extends applications for paid summer fellowships until February 15 for those who lost federal summer jobs

We received a request to post the following: The National Association of Consumer Advocates was angered and disappointed by the new Federal Administration’s unwarranted decision to rescind summer clerk positions for law students interested in consumer and economic justice careers. While we’re sorry we cannot offer assistance to most law students harmed by this thoughtlessly […]

Empirical examination of consumer contracting

Tess Wilkinson‐Ryan, David A. Hoffman, and Emily Campbell, all of Penn, have written Contracts for Everyone. Herre’s the abstract: The architects of American contract law—judges, lawyers, regulators and academics—know a lot about what litigated deals look like, but almost nothing about the contracting of ordinary people. This Article offers a wide-ranging empirical account of how non-elites […]

American Banker quotes Senator Scott on coming blockbuster news on CFPB leadership.

The article, by Claire Williams, is headlined Sen. Tim Scott hints at ‘imminent’ CFPB director pick (behind paywall but available on Lexis). Excerpt: “It’d be nice for us to have someone, and I’ve asked the administration, please fire the guy,” Scott said. “I think we’re going to be happy with the answer they give us and the […]

Politico reports that CFPB Director Chopra will keep working until (unless?) he is asked to leave

Here (behind paywall but a short version is available here). Excerpt: “We have a lot of investigations in the pipeline,” Chopra said. “There is a ton of work that is moving forward, but I’m really hopeful that no matter what the future holds, there is going to be strong support for some of our rulemakings.”

Ayres & Klass paper on how judges can use the Restatement of Consumer Contracts

Ian Ayres of Yale and Gregory Klass of Georgetown have written How to Use the New Restatement of Consumer Contracts: A Guide for Judges. Here’s the abstract: In the absence of major legislation or regulatory action, U.S. consumers will continue to look to courts and the common law for protection when businesses engage in unfair and […]

Seth Frotman’s Measure for the CFPB’s Success

On February 7, CFPB General Counsel Seth Frotman gave a talk at the University of Michigan, The Federal General Counsel, Law, and Our Democracy at a Crossroads. The entire speech is worth a read, but I want to quote one part that describes Frotman’s view of what the CFPB should do and provides a test […]