The industry often claims that arbitration is cheaper than litigation for consumers. Well, not so much any more–if that was ever true–after the AAA’s new mass arbitration rules that Adam Pulver reported about on January 29. Adam mentioned the $3,125 initiation fee. In addition, under the new rules, for cases that proceed beyond the initiation […]
Author Archives: Jeff Sovern
E. Gary Spitko of Santa Clara has written Arbitration Secrecy, 108 Cornell Law Review 1729 (2023). Here’s the abstract: Parties to an arbitration contract may agree to a secrecy clause that will govern their arbitration process to protect the confidentiality of their proprietary or personal information. Of great concern, however, they also may use such an […]
. . . titled Is Discrimination Unfair? is now available. I would love to hear any comments anyone has. Here’s the abstract: Though multiple federal laws explicitly bar discrimination in consumer transactions, many consumer transactions fall in the gaps between those laws. But recently, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) have attempted […]
Here. The article is The Shape of Consumer Contracts, in the Denver Law Review, available here. Ballard Spahr’s Alan Kaplinsky hosted the conversation.
The bill would add unfairness and abusiveness to the NY UDAAP statute, increase statutory damages to $1,000, and allow businesses to recover under the statute, among other things. This follows NY’s blocking credit bureaus from reporting medical debt. More here.
Here, with Myriam Gilles of Cardozo, Prentiss Cox of Minnesota, and David Vladeck of Georgetown. Excerpt: Perhaps the most consequential documents ever produced in this country are the Constitution and the Declaration of Independence. The Constitution identifies our most important rights, while the Declaration explains why the deprivation of those rights justified the fight for independence. […]
The article, by Kashmir Hill, is headlined Your Car Is Tracking You. Abusive Partners May Be, Too. Excerpt: Modern cars have been called “smartphones with wheels” because they are internet-connected and have myriad methods of data collection, from cameras and seat weight sensors to records of how hard you brake and corner. Most drivers don’t realize […]
Here, in the Los Angeles Lawyer (you might have to scroll to page 28). Among the topics discussed are FedNow and cryptocurrencey. Excerpt: Ominously, the introduction of consumer-facing chat-bots and other artificial intelligence devices has provided fraudsters with new and improved tools for deceiving consumers. At the same time, consumer transactions now routinely involve “click […]
Buy Now Pay Later, or BNPL, probably would never exist in its current form but for regulation. The Truth in Regulation Act does not apply to loans which are to be repaid in no more than four installments, and BNPL usually provides for repayment in exactly four installments. In other words, BNPL was created to […]
USA Today’s Daniel de Vise has an interesting article, 62% of Americans say this zero-interest payment plan should be against the law, about a form of consumer lending called deferred interest plans. Here’s an excerpt: A popular payment plan offered by America’s big-box retailers promises no interest on your purchase if you pay it off in, […]