Author Archives: Jeff Sovern

NYT: Uber trying to get contingency fees capped at 20% in Nevada

Here (behind paywall). it would be a ballot referendum. The argument in favor of the referendum is that it would protect clients from lawyers charging excessive fees. Here’s an excerpt from the article: Many legal experts said a ceiling of 20 percent would make it financially difficult for many lawyers to take on complex cases […]

Peterson & Ehrlich paper on RESPA, corrupt joint ventures, and mortgage settlement services

Christopher Lewis Peterson of Utah and Jeffrey Paul Ehrlich of St. Thomas University and McGuireWoods LLP have written Corrupt Joint Ventures in the Market for Residential Real-Estate-Settlement Services. Here’s the abstract: Closing costs in residential-real-estate sales have long acted as a significant barrier to American home ownership. In the Real Estate Settlement Procedures Act of 1974 […]

Consumers’ Research Attacks the CPSC’s Constitutionality

Jeff Overley has a report in Law360 (behind a paywall), Knives Out For Another Pro-Agency Landmark After Chevron, about how Consumers Research is seeking cert to bring its constitutional attack on the Consumer Product Safety Commission to the Supreme Court after even the Fifth Circuit upheld the CPSC’s constitutionality. CPSC commissioners can’t be removed without cause, […]

Do consumer law professors try to indoctrinate students?

We often see reports complaining that professors are indoctrinating students by conveying only one side of the story. So I asked 31 consumer law professors: when you teach consumer law, how important is it to you that students hear arguments you yourself disagree with? As reported in Who Teaches Consumer Law? forthcoming in the Journal […]

Who Teaches Consumer Law reports on survey of consumer law professors

I wrote Who Teaches Consumer Law? forthcoming in the Journal of Consumer & Commercial Law. Here’s the abstract: This paper reports on a survey of 31 law professors teaching consumer protection law conducted in connection with the Center for Consumer Law & Economic Justice at the UC Berkeley School of Law and the Center for Consumer Law […]

Kesari paper on Right to Yelp laws

Aniket Kesari of Fordham has written ‘Right to Yelp Laws’ and the Reputational Sanctions Market? Here’s the abstract: How do statutes that protect consumers’ rights to write reviews shape the reputational sanctions market? In 2016, Congress passed the Consumer Review Fairness Act (CRFA), commonly championed as the “right to Yelp” law. The law makes contract provisions […]

Why do debt collectors want medical debt to appear on credit reports?

Kate Berry has an interesting article with some nice alliteration in the American Banker, Debt collectors defend doctors in skewering CFPB medical debt plan (behind paywall but available at Lexis). The CFPB has proposed to block medical debt from appearing in credit reports. The proposal is based in part on the theory that medical debt, because […]

CHE essay on how for-profit colleges trick students and student loan forgiveness

The essay, by Mark Rivett, who both attended a for-profit college and taught at one, is titled I was Trapped in For-Profit College Hell (behind paywall). It’s subtitle is “Predatory schools tricked students like me into assuming huge debt for worthless credit.” Here’s the beginning: “If we’ve been bamboozled long enough, we tend to reject […]