Christopher G. Bradley of Kentucky has written Privacy Policy Indeterminacy. Here’s the abstract: Despite being subjected to decades of sharp criticism, privacy policies published by companies remain a linchpin of privacy regulation. Representations in these policies provide the main measure against which consumer privacy can be judged. Policies are rarely read by consumers and are […]
Author Archives: Jeff Sovern
Here. In brief, consumer advocacy groups tend to support the limits while industry advocates tend to oppose them. Not surprising.
Claire Williams at the American Banker has the story here (behind a paywall but available on Lexis). The bills now go to the full House but are unlikely to go anywhere in the Senate unless SCOTUS finds the CFPB’s funding to be unconstitutional, in which case it isn’t clear how Congress will respond. The article […]
Payments Dive has the story here. Excerpt: “The biggest area we found of potential concern is disputes,” CFPB Program Manager Laura Udis said during a Monday panel discussion at the Nacha Smarter Faster Payments conference in Las Vegas. “We’ve seen that consumer concerns about disputes and billing is a high area of complaint to the […]
Samuel Becher of Victoria University of Wellington and Uri Benoliel of the College of Law and Business – Ramat Gan Law School have written Hidden Contracts, forthcoming in Brigham Young University Law Review. Here’s the abstract: Transparency is a promising means for enhancing democratic values, countering corruption, and reducing power abuse. Nonetheless, the potential of transparency […]
David Horton of California, Davis has written Forced Robot Arbitration, forthcoming in 109 Cornell Law Review (2023). Here’s the abstract: Recently, advances in artificial intelligence (AI) have sparked interest in a topic that sounds like science fiction: robot judges. Researchers have harnessed AI to build programs that can predict the outcome of legal disputes. Some […]
One of the consumer law professors I most admire, Lauren Willis, appears on today’s episode of one of my favorite podcasts, the Consumer Finance Monitor Podcast, discussing her important work on performance-based regulation. You can listen to it here.
I’m finally getting around to listening to the House Financial Services Committee’s hearing March 9, 2023 on the CFPB. One of the witnesses at the hearing was Devin Watkins, an attorney at the conservative Competitive Enterprise Institute. Mr. Watkins’ testimony includes the following: The Seventh Amendment of the U.S. Constitution mandates that “In Suits at […]
Joann Needleman and Manny Newburger have an essay in the American Banker, In the fight over the CFPB, everyone could end up a loser. It’s behind a paywall but accessible on Lexis. You can read more about Needleman and Newburger at their linked bios. They write: Opponents of the CFPB risk throwing out the good with […]
Gregory M. Dickinson of St. Thomas has written Privately Policing Dark Patterns, 57 Ga. L. Rev. (2023 Forthcoming). Here is the abstract: Lawmakers around the country are crafting new laws to target “dark patterns”—user interface designs that trick or coerce users into enabling cell phone location tracking, sharing browsing data, initiating automatic billing, or making […]