Author Archives: Jeff Sovern

Racist emails surface in DOJ redlining case against American Bank of Oklahoma

The DOJ press release is here. The emails are disturbing (see for yourself below) and are reminiscent of the Trident case. The case resulted in a consent order though, as is usual in such cases, the bank neither admitted nor denied the complaint’s substantive allegations. What makes this even more upsetting is that bank trade […]

When can someone who has opted out of arbitration still be forced to arbitrate?

An Uber driver agrees to Uber’s standard form contract, which includes an arbitration clause. The arbitration clause permits drivers to opt out within 30 days, and the driver does so. So the driver can never be forced into arbitration with Uber, right? Wrong. Greg Gauthier recently pointed me to a case from the Eastern District […]

Ballard Spahr Webinar: The U.S. Supreme Court’s Decision in CFSA v. CFPB: Who Will Win and What Does It Mean?

We have been asked to announce the following webinar (I am definitely looking forward to hearing this one): The U.S. Supreme Court’s Decision in CFSA v. CFPB: Who Will Win and What Does It Mean?A special webinar roundtable featuring analysis of the oral argument by several renowned attorneys who filed amicus briefs on all sides […]

Samsungs, iPhones and Not-So-Smartphone Disclosures

Last year, my co-author, Nahal Heydari, and I posted on SSRN a draft of our article, Not-So-Smartphone Disclosures, forthcoming in the Arkansas Law Review. We recently posted a new draft of the piece. The earlier draft reported, among other things, that consumers understood credit card disclosures less well on smartphones than on laptops and desktops […]

Even consumer law professors have consumer problems: Todd Zywicki edition

In June, George Mason professor Todd Zywicki testified before the Senate Commerce Committee’s Consumer Protection Subcommittee on junk fees. Professor Zywicki explained: I share the frustration that many consumers hold today regarding the proliferation of seemingly ubiquitous add-on fees that we experience constantly, from surcharges for using our credit cards at a merchant, to hotel […]

Study examining content and readability of terms of use illustrates how crazy arbitration opt-outs have become

Tim Samples of the University of Georgia – Terry College of Business, Katherine Ireland of the University of Georgia Libraries, and Caroline Kraczon, a law fellow at the Electronic Privacy Information Center, have written TL;DR: The Law and Linguistics of Social Platform Terms-of-Use, Berkeley Technology Law Journal (forthcoming 2023). Here’s an excerpt from the article about […]

CFPB to propose rule to cover data brokers under the FCRA

Evan Weinberger has a report at Bloomberg Law (possibly behind paywall), as does Kate Berry at the American Banker (also behind paywall), and Reuters. Here’s an excerpt from the Bloomberg Law report: The coming proposal would seek to ban the sale of consumer data, including so-called “credit-header data” like a person’s name, address, or Social […]

Arbel & Becher paper on the pluses and minuses of consumers using smart readers for form contracts

Yonathan A. Arbel of Alabama and Samuel Becher of the Victoria University of Wellington have written How Smart are Smart Readers? LLMs and the Future of the No-Reading Problem. Here’s the abstract: Large Language Models (LLMs) can be used to summarize and simplify complex texts. In this study, we investigate the extent to which state-of-the-art models […]