Author Archives: Jeff Sovern

New edition of our casebook coming in January

I am delighted to announce (maybe relieved is more accurate; it's been a lot of work!) that in January West will publish the fifth edition of the consumer law casebook that I co-author with Dee Pridgen and Chris Peterson. I'm looking forward to teaching the updated version of the materials that appeared in the last […]

CFPB Director Kraninger: Bureau will soon provide more clarity on meaning of abusive practice

by Jeff Sovern From Politico's Morning Money Newsletter: KRANINGER PROMISES CLARITY — Our Victoria Guida: “Consumer Financial Protection Bureau Director Kathy Kraninger said … her agency will soon provide more clarity on what constitutes an ‘abusive practice’ by sellers of financial products, tackling an issue that has dogged policymakers since the financial crisis. … More broadly, […]

Raher Article on Consumer Law in Prisons and Jails

Stephen Raher has written The Company Store and the Literally Captive Market: Consumer Law in Prisons and Jails, 17 Hastings Race and Poverty Law Journal  3 (2019). Here's the abstract:  The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional […]

Berkeley Center for Consumer Law & Economic Justice Hiring Staff Attorney/Research Fellow

We received the following announcement: The Center for Consumer Law & Economic Justice at Berkeley Law is looking for a staff attorney/research fellow to spearhead its work for consumer and economic justice in courts and regulatory agencies. If you know anyone who might be interested in joining the fight – or if you are that […]

Paper: Racial Disparities in Debt Collection

Jessica LaVoice and Domonkos F. Vamossy, both of the University of Pittsburgh's Department of Economics, have written Racial Disparities in Debt Collection. Here is the abstract: A distinct set of disadvantages experienced by black Americans increases their likelihood of experiencing negative financial shocks, decreases their ability to mitigate the impact of such shocks, and ultimately […]

Frankel Article: Corporate Hostility to Arbitration

Richard Frankel of Drexel has written Corporate Hostility to Arbitration, 50 Seton Hall Law Review (forthcoming 2020). Here is the abstract: In the last 30 years, corporations have aggressively and successfully pushed the Supreme Court to invalidate virtually all state regulation of mandatory arbitration clauses on the ground that the Federal Arbitration Act (FAA) preempts any […]

How did ordinary people experience the foreclosure crisis?

That's the subject of a new book by Linda Fisher of Seton Hall and Judith L. Fox of Notre Dame, published by Cambridge Press, The Foreclosure Echo: How the Hardest Hit Have Been Left Out of the Economic Recovery. You can read the introduction here. Here's the abstract: This paper includes the Table of Contents and […]

Take the Abusiveness Challenge: Identify a Valuable Consumer Financial Product Not Offered Because of Uncertainty About Whether It Is Abusive

by Jeff Sovern The Dodd-Frank Act gives the CFPB the power to act against entities within the CFPB's jurisdiction for engaging in abusive practices. See 12 USC 5531.  Though that section explains what the limits are to the Bureau's power to proscribe abusive conduct, the industry has long claimed that it needs additional guidance as […]

James Nehf Paper: The Failure of ‘Notice and Consent’ as Effective Consumer Policy

James P. Nehf of Indiana–Indianapolis has written The Failure of 'Notice and Consent' as Effective Consumer Policy. Here's the abstract: Over the past several decades, the preferred model for consumer protection in most countries has emphasized a notice and consent (or choice) approach with less emphasis on normative laws that prohibit or mandate certain contract terms, […]