Author Archives: Jeff Sovern

How would the CFPB fare under Heritage’s Project 2025?

The Heritage Foundation has created what it describes as “the conservative movement’s unified effort to be ready for the next conservative Administration to govern” in a document titled Mandate for Leadership: The Conservative Promise, with a subheading of Project 2025; Presidential Transition Project. As far as I know, no presidential candidate has adopted it. It […]

Caruso and Cox article on subscription contract regulation

Given the pervasiveness of subscription contracts, regulation of such contracts has become a much more important consumer protection topic. And here is an article that tells us how to do that: Kaitlin Ainsworth Caruso of Maine and Prentiss Cox of Minnesota’s Silence as Consumer Consent: Global Regulation of Negative Option Contracts, American University Law Review, […]

Tereszkiewicz article on auto warranty reimbursement and its effect on consumers

Piotr Tereszkiewicz of the Jagiellonian University in Krakow – Faculty of Law and Administration and KU Leuven – Faculty of Law has written Cruising Beyond Car Dealer Dominance, University of Michigan Journal of Law Reform, Forthcoming. Here’s the abstract: The automotive industry plays a pivotal role in both the American economy and daily life. This Article contends […]

Raba and Jimenez’s important study on what happens when debt defendants have to pay to file answers

Claire Johnson Raba of Illinois-Chicago and California-Irvine and Dalié Jiménez of California- Irvine and Harvard’s Center on the Legal Profession have written Pay to Plead: Finding Unfairness and Abusive Practices in California Debt Collection Cases. Here’s the abstract: In this Article, we report on one of the largest studies of debt collection lawsuits ever attempted. We […]

SCOTUS: “disputes are subject to arbitration if, and only if, the parties actually agreed to arbitrate those disputes.”

From today’s decision in Coinbase, Inc. v. Suski. Longtime readers will recall the empirical evidence that consumers do not understand arbitration clauses and so, in my view, they have not “actually agreed” to arbitration clauses.

For law professors: want to be on a list of consumer law profs for reporters to call?

I often get emails from reporters seeking comment on a consumer law matter. When I can, I answer their questions, but frequently they want someone who knows about an aspect of consumer law I don’t know that much about. In such cases, I refer them to someone else when I know of a better choice […]

NCLC’s Lauren Saunders on payday lenders’ vow to continue battling the CFPB rule: “It’s a sign of how fundamentally predatory your business model is, that after they’ve made unaffordable loans and put people into a debt trap, they can’t even comply with a rule that merely prevents them from continuing to hit people’s accounts.”

That quote appears in an article by Polo Rocha in the American Banker headlined After loss at Supreme Court, payday lenders vow to keep fighting CFPB (behind paywall but available on Lexis). As the article explains “The CFPB rule, which has never taken effect, would prohibit payday lenders from making another attempt after a payment fails […]

For consumer law professors who haven’t already taken the Who Teaches Consumer Law survey

Regular readers of the blog will recall seeing a draft of my survey questions for consumer law professors. Attendees at the Teaching Consumer Law conference answered the final survey questions, but I would also love to receive responses from those who could not attend the conference and who have either taught consumer law or hope […]

Federal district court in Texas enters preliminary injunction against CFPB’s $8 credit card late fee safe harbor.

Bloomberg’s Evan Weinberger has the story, as well as a link to the opinion, here. (Behind a paywall.) Addendum from Allison: The order granting an injunction is here. CNBC’s story is here.

What is the definition of junk fees?

Junk fees are likely to feature in the election this year, so for that reason alone, it would be useful to know what they are. Sometimes they seem to be defined by examples; you can find such a list of examples (as well as a definition that strikes me as underinclusive) here. Because the very […]