Yesterday, the Supreme Court decided Loper Bright, in which it proclaimed that “Chevron is overruled.” But now we have to figure out what that means in particular contexts. One such context is federal consumer protection agency UDAAP statutes, like the FTC Act and Consumer Financial Protection Act. When those statutes give the agencies the power […]
Author Archives: Jeff Sovern
We received the following Call for Abstracts for the Consumer Law Scholars Conference, always an important event for consumer law scholars: We are pleased to announce the seventh annual Consumer Law Scholars Conference (CLSC), which will be held Thursday and Friday, March 6-7, 2025 at Boston University. Save the date! The purpose of the CLSC is to support in-progress scholarship, foster […]
I’m not always consistent about whether I consider student loans part of consumer law. Government student loans are, as the name implies, a government program, rather than a consumer program. But sometimes I think of them as part of consumer law, perhaps because we also have private student loans or because the loans are used […]
Will consumer protection come up during the debate? My guess is not. It seems unlikely that a moderator or President Trump would raise it. I could see President Biden bringing up junk fees, as he has called for their regulation, in response to a question, though I am not expecting it. The headline issues have […]
Lior Strahilevitz of Chicago and Lisa Yao Liu of the Columbia Business School have written Cash Substitution and Deferred Consumption as Data Breach Harms. Here’s the abstract: Federal courts have long been divided over whether consumers whose data are breached suffer an “injury in fact” that gives them standing to sue under Article III of the […]
Daniel J. Solove of George Washington Woodrow Hartzog of Boston University and the Stanford Law School Center for Internet and Society have posted on SSRN a chapter from their book, Breached! Why Data Security Law Fails and How to Improve It. The chapter is titled The Failure of Data Security Law. Here’s the abstract: In […]
Here is the first part of the call for submissions: The Food and Drug Law Institute (FDLI) is pleased to solicit abstracts for the Food and Drug Law Journal 2024 Symposium, “From Past to Progress: Envisioning the Future of FDA Law and Regulation.” The Symposium will celebrate FDLI’s 75th Anniversary and its enduring contributions to the field […]
As most of you know, conservatives and the industry regularly complain about what they call the Bureau’s lack of accountability. Their previous efforts to strip away the CFPB’s independence resulted in the Seila Law decision, in which the Supreme Court ruled that the president had to be able to fire the CFPB director without cause, […]
Shortly after the Supreme Court upheld the CFPB’s constitutionality in the CFSA case, Harvard Emeritus Professor Hal Scott published an op-ed in WSJ, The CFPB’s Pyrrhic Supreme Court Victory (behind paywall) claiming that the CFPB has still another problem to deal with. Professor Scott’s essay, along with another piece posted on a Federalist Society website […]
Some years back, I had major surgery. When I woke up after the surgery, I was on fentanyl for pain relief. The following day, I was stepped down to morphine. Morphine was less effective at blocking the pain, but the staff explained that it was too risky to keep me on fentanyl. And in the […]