Author Archives: Jeff Sovern

JPMorgan Chase threatens to end free checking

So reports WSJ’s Alexander Saeedy (behind paywall). Excerpt: [Chase executive Marianne] Lake is warning that new rules that would cap overdraft and late fees will make everyday banking significantly more expensive for all Americans. Lake said Chase is planning to pass on the costs of higher regulation and charge customers for a number of now-free services, including checking […]

Crootof paper on the legal consequences of repossessions by cars that autonomously drive back to the lender

Rebecca Crootof of Richmond Law and the Yale Information Society Project has written Remote Repossession, 73 DePaul Law Review, (forthcoming 2024). Here’s the abstract: Ford’s February 2023 patent application raises a new possibility: that after a default, an internet-connected vehicle might autonomously drive itself off of the owner’s premises—to a public space, to the repossession agency, […]

Does Loper Bright limit the CFPB’s power?

As I noted in yesterday’s post, Loper Bright preserves agency authority when Congress authorized the agency to exercise discretion. Loper Bright cited as an example of such a case Michigan v. EPA, in which, Loper Bright noted, Congress used a term or phrase that gives agencies flexibility, “such as ‘appropriate’ or ‘reasonable.” Now let’s look […]

How much deference must courts give federal consumer protection agency determinations that conduct is unfair after Loper Bright?

Yesterday, the Supreme Court decided Loper Bright, in which it proclaimed that “Chevron is overruled.” But now we have to figure out what that means in particular contexts. One such context is federal consumer protection agency UDAAP statutes, like the FTC Act and Consumer Financial Protection Act. When those statutes give the agencies the power […]

Call for Abstracts for the Consumer Law Scholars Conference

We received the following Call for Abstracts for the Consumer Law Scholars Conference, always an important event for consumer law scholars: We are pleased to announce the seventh annual Consumer Law Scholars Conference (CLSC), which will be held Thursday and Friday, March 6-7, 2025 at Boston University. Save the date! The purpose of the CLSC is to support in-progress scholarship, foster […]

The Biden-Trump debate and consumer protection

Will consumer protection come up during the debate? My guess is not. It seems unlikely that a moderator or President Trump would raise it. I could see President Biden bringing up junk fees, as he has called for their regulation, in response to a question, though I am not expecting it. The headline issues have […]

Strahilevitz & Liu paper offers theory for Article III standing in data breach cases

Lior Strahilevitz of Chicago and Lisa Yao Liu of the Columbia Business School have written Cash Substitution and Deferred Consumption as Data Breach Harms. Here’s the abstract: Federal courts have long been divided over whether consumers whose data are breached suffer an “injury in fact” that gives them standing to sue under Article III of the […]

Solove & Hartzog: The Failure of Data Security Law

Daniel J. Solove of George Washington Woodrow Hartzog of Boston University and the Stanford Law School Center for Internet and Society have posted on SSRN a chapter from their book, Breached! Why Data Security Law Fails and How to Improve It. The chapter is titled The Failure of Data Security Law. Here’s the abstract: In […]

Call for submissions on the FDA

Here is the first part of the call for submissions: The Food and Drug Law Institute (FDLI) is pleased to solicit abstracts for the Food and Drug Law Journal 2024 Symposium, “From Past to Progress: Envisioning the Future of FDA Law and Regulation.” The Symposium will celebrate FDLI’s 75th Anniversary and its enduring contributions to the field […]