Last month, the FTC updated its Endorsements Guide. The Guide’s definition of clear and conspicuous is particularly interesting. The Guide states: (f) For purposes of this part, “clear and conspicuous” means that a disclosure is difficult to miss ( i.e., easily noticeable) and easily understandable by ordinary consumers. * * * In any communication using […]
Author Archives: Jeff Sovern
Regular readers of the blog will recall that after the CFPB announced that it interpreted its power to proscribe unfair practices as reaching discriminatory conduct, the Chamber of Commerce and various banking trade organizations sued the Bureau in the Eastern District of Texas (it’s always Texas) challenging the Bureau’s determination. Both sides later moved for […]
NBC has a report here. This time, the accounts are not on behalf of existing account holders but seem to involve synthetic identity fraud.
I am thrilled to report that I have been named the Michael Millemann Professor of Consumer Protection Law at the University of Maryland Francis King Carey School of Law. Michael Millemann is a long time Maryland faculty member who has been a leader in many areas of the law, including consumer law, and it’s an […]
Maria Glover of Georgetown has written Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration, 100 Washington University Law Review (2023). Here’s the abstract: Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered […]
On Wednesday, I blogged about Roseanna Sommers’ important new arbitration study. One point I want to highlight about the study is that it makes clear that consumers don’t understand arbitration opt-outs at all. First, some background: some companies insert in their arbitration clauses a provision that allows consumers to opt out of arbitration if they […]
In March, we posted a link to Penn’s David A. Hoffman’s article, Defeating the Empire of Forms, forthcoming in the Virginia Law Review. For those who haven’t found the time to read the article, you can listen to Alan Kaplinsky’s interview with Professor Hoffman about the article at Ballard Spahr’s Consumer Finance Monitor Podcast here. […]
Roseanna Sommers of Michigan has written an important new paper, What do consumers understand about predispute arbitration agreements? An empirical investigation. Here’s the abstract: The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast […]
Following up on my July 22 post on FedNow: Mark Budnitz of Georgia State reminds me that one issue with FedNow that may create issues for consumers is its incorporation of UCC Article 4A’s wire transfer rules, even though Article 4A’s rules were not written for transactions involving consumers, and so lack safeguards that are […]
Christine posted on Thursday about the risks of FedNow fraud. So you might wonder why, or even if, FedNow would be a positive for consumers. While FedNow obviously won’t be a positive for those who are scammed into using it to enrich fraudsters, it might be positive for consumers in a number of ways. For […]