Author Archives: Jeff Sovern

Mark Budnitz discusses the effects of payments developments on low-income consumers at the Ballard Spahr Consumer Finance Monitor podcast

Here. The discussion draws on Professor Budnitz’s article, New Developments in Payment Systems and Services Affecting Low-Income Consumers: Challenges and Opportunities, Georgetown Journal on Poverty Law and Policy (2023).

After consumer advocacy groups file petition with CFPB calling for new arbitration rule, CFPB says it will carefully consider the proposal, open a public docket and take comments from the public

Bloomberg Law’s Evan Weinberger has the story here (may be behind paywall), including a link to the petition. Weinberger later posted on what used to be called Twitter the CFPB’s response to his request for comment. The petition relies heavily on Roseanna Sommers’ study, which we discussed here.

Luke Herrine paper: Consumer Protection after Consumer Sovereignty

Luke Herrine of Alabama has written Consumer Protection after Consumer Sovereignty. Here’s the abstract: We seem to be in the middle of a paradigm shift in consumer protection. For decades, regulators understood their mission as “preserving choice” through more effective informational remedies. In the past decade — and more decisively during the Biden Administration — […]

Andrea Boyack Article: The Shape of Consumer Contracts

Andrea J. Boyack of Washburn has written The Shape of Consumer Contracts, Denver Law Review (2023 Forthcoming). Here is the abstract: Modern consumer contracts are the bane of contract law and theory. Freedom of contract justifications are premised on party autonomy and transactional efficiency, but theories justifying contract enforcement fail to explain why the law should […]

Chamber of Commerce’s Forum Shopping Pays Off in Discrimination/Unfairness Case

As Adam Pulver noted earlier, the Chamber of Commerce won its challenge at the district court level to the CFPB’s determination that discrimination is unfair within the meaning of the CFPB’s UDAAP statute. It is, of course, no coincidence that the Chamber filed the case in Texas, where it was heard by Judge J. Campbell […]