Author Archives: Jeff Sovern

Brooklyn Debt Symposium articles available

Last year, the Brooklyn Journal of Corporate, Financial & Commercial Law held an all-star symposium on debt, revolving around five recent books on the subject, including books by consumer law scholars Pat McCoy, Pamela Foohey, and Melissa B. Jacoby. The Symposium articles are now available, with pieces by Norman I. Silber, Edward J. Janger, A. […]

The CFPB’s current proposal to the court is inadequate.

As we noted on April Fool’s Day, the CFPB has proposed to the court a dramatic cut in the CFPB staffing. If only it were in fact an Apri Fool. American Banker’s Kate Berry has more here. Bloomberg’s Evan Weinberger has this paragraph in his story on the proposal: The cuts may still be “draconian,” […]

Podcast on BNL regulation and more in NY

On the Ballard Spahr Consumer Finance Monitor podcast: an interview with the NY Department of Financial Services’ Max Dubin, Chief of Staff to the Acting Superintendent of Banking. With the CFPB’s sidelining, state regulatory agencies have become even more important, and New York, aside from being a large market, may foreshadow what other states do.

Trump administration proposes cutting CFPB staff by two-thirds

The proposal is here. It can’t go into effect until the preliminary injunction in the NTEU case is lifted. The administration claims the plan would “allow CFPB to continue meeting its statutory obligations while expanding on the reforms that have dramatically increased its efficiency and stewardship of taxpayer funds, in line with Presidential and Congressional […]

Paper on how consumer protection enforcement is going away

Alisher Juzgenbaye, a Northwestern JD/Ph.D student has written The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment. Here’s the abstract (the paper left out the third source of retrenchment: arbitration clauses): Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the […]

Nelson paper: Pre-Arbitral Red Tape

Ryan H. Nelson of South Texas has written Pre-Arbitral Red Tape. Here’s the abstract: While legal scholars debate the merits of mandatory arbitration, a more insidious barrier to justice has quietly proliferated beneath their radar. I call that barrier “pre-arbitral red tape”—that is, procedural condition precedents to initiating arbitration in a pre-dispute agreement between a consumer […]

Luke Herrine paper: The Destabilizing Politics of Student Debt

Luke Herrine of Alabama has written The Destabilizing Politics of Student Debt, forthcoming in the Illinois Law Review. Here’s the abstract: This Article examines why student loans became central to higher education finance in the United States and how they have undermined their own centrality over time. As the liberal constituency for funding redistributive social […]

Guest Post by Hofstra’s Norm Silber: Surprise One-Sided Mass Tort Claim Settlement of the Roundup litigation

A comprehensive settlement of Roundup herbicide litigation is marching through the Missouri courts and scheduled to be finalized within the next three months.  There will be a flurry of media reports soon, emanating chiefly from the companies and the compensated class counsel who recommend the proposed deal.  This settlement is extremely disturbing to many affected […]