Andrea Chandrasekher of California, Davis has written An Empirical Investigation of Diversity in U.S. Arbitration. Here is the abstract: For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of “forced arbitration” whereby […]
Author Archives: Jeff Sovern
Victoria Barnes of the Max Planck Institute for Legal History and Legal Theory has written Anne Fleming’s History of Law and Consumer Finance, 22 Enterprise & Society 316 (2021). Here's the abstract: This article has teased out Anne Flemings’s interests and the overarching themes in her research. It shows how these themes and interests influenced […]
Dear Rohit: Congratulations on your confirmation to serve as Director of the Consumer Financial Protection Bureau! You are an excellent choice for many reasons, not least because you bring to the CFPB helm the experience of having served as an FTC Commissioner as well as having been at the CFPB in its earliest days. Much […]
Daniel Wilf-Townsend of Chicago has written Assembly-Line Plaintiffs, Forthcoming in the Harvard Law Review. Here is the abstract: Around the country, state courts are being flooded with the claims of massive repeat filers. These large corporate plaintiffs leverage economies of scale to bring tremendous quantities of low-value claims against largely unrepresented individual defendants. Using recently developed […]
Jim Hawkins of Houston and Tiffany Penner have written Advertising Injustices: Marketing Race and Credit in America, 70 Emory Law Journal 1619 (2021). Here is the abstract: Access to affordable credit played a central role in the Civil Rights Movement. But today, racial and ethnic minorities oversubscribe to high-cost lending products like payday loans and underuse […]
James E. McNulty a finance professor at Florida Atlantic University has written Consumer Protection Settlements: Theory and Policy. Here's the abstract: Lawsuits have a deterrent effect, but this is mitigated if settlements are routine. Regulators and judges should consider that a firm contemplating predatory activity directed at financially unsophisticated individuals might have built an estimate of […]
Here. As usual, he reports the facts in an engaging way.
Here. Given the FTC's role as the leading federal agency on privacy issues, there is value in having a privacy advocate on the Commission. If confirmed, Bedoya would get Rohit Chopra's seat, assuming Chopra is in turn confirmed to lead the CFPB.
Here, by Emmanuel Martinez and Lauren Kirchner and headlined "The Secret Bias Hidden in Mortgage-Approval Algorithms." Excerpt: An investigation by The Markup has found that lenders in 2019 were more likely to deny home loans to people of color than to White people with similar financial characteristics—even when we controlled for newly available financial factors that the […]
Samuel Becher of Victoria University of Wellington and Uri Benoliel of Ramat Gan Law School have written Dark Contracts. Here is the abstract: Millions of consumers are routinely subject to non-transparent consumer contracts. Such contracts undermine fundamental contract law notions. They leave consumers uninformed and disempowered. They also encourage unethical behavior and undercut the ability of […]