Author Archives: Jeff Sovern

CFPB regs outlawing disparate impact under ECOA are out

Here. New § 1002.6 provides in part: ECOA “does not provide that the ‘effects test’ applies for determining whether there is discrimination in violation of the Act.” The regulation also purports to define discouragement and covers special purpose credit programs. I wonder how long before a court challenge is filed.

Paper on how disclosure’s effects vary by consumer income

Tamar Kricheli-Katz of Tel Aviv University and Florencia Marotta-Wurgler of NYU have written The Distributional Costs of Effective Consumer Regulation. Here’s the abstract: Disclosure is a cornerstone of consumer protection regulation, yet little is known about its differential effects across consumers. We study how disclosure format influences decision-making across the income distribution, drawing on insights from […]

Amicus brief attacks Roundup class action settlement

Last month, we published a guest post by Hofstra consumer law scholar Norm Silber expressing serious concerns about a proposed Roundup class action settlement. Professors Silber and Myriam Gilles of Northwestern have coauthored an amicus brief urging a federal court to grant injunctive or declaratory relief to enable the court to evaluate aspects of the […]

Federal court denies AAA’s motion to dismiss claim that it violated antitrust and state UDAP laws

The case is Stephens v. Am. Arb. Ass’n Inc., No. CV-25-01650, 2026 WL 878981 (D. Ariz. Mar. 31, 2026). Here’s a paragraph from the opinion on the antitrust claim: With regard to the first element of Plaintiffs’ claim under § 2 of the Sherman Act— monopoly power in the relevant market—the AAA states in its […]

Reuters: Trump administration terminated the CFPB’s lease

That’s the report from Douglas Gillison. According to the story, the administration did that in February, the same month in which the administration argued to the D.C. Circuit Court of Appeals that its decisions concerning the CFPB were not final and so not reviewable. A decision that the Bureau won’t have an office sounds pretty […]

Colony Ridge judge rejects settlement

So American Banker’s Kate Berry reports. So now the settlement will be re-negotiated and the victims will get something, right? If only. From the article: [T]he Justice Department said it would proceed without court oversight, using a federal provision that does not require the court’s involvement. Harmeet K. Dhillon, DOJ’s assistant attorney general in the […]

ProPublica: “A Slap in the Face”: Trump’s DOJ Plans to Settle Predatory Lending Case Without Compensating Victims

Here, by  Zach Despart. Excerpt: Three years later, the Trump administration and Colony Ridge are on the verge of resolving the case. But the $68 million proposed settlement provides no money for victims of the alleged scheme. Instead, it sets aside $20 million for policing and immigration enforcement — a provision that may be used […]

California Law Review Symposium on Surveillance Prices & Wages

UC Berkeley School of Law is holding a symposium on surveillance pricing on Friday April 24 which will be both in person and livestreamed. Here’s the announcement: Spring 2026 California Law Review Symposium Surveillance Prices & Wages Friday, April 24, 2026 9:00am-4:30pm UC Berkeley School of Law Warren Room Reception to follow from 4:30-6:00pm Please RSVP by Friday, April […]