The Berkeley Center for Consumer Law & Economic Justice is holding its Consumer Law Scholars Conference on Thursday and Friday. More information, including the papers to be discussed, here. The Conference has an impressive list of participants and it promises to be a terrific event.
Author Archives: Jeff Sovern
Natasha Sarin of Penn has written Making Consumer Finance Work. Here's the abstract: The financial crisis exposed major faultlines in banking and financial markets more broadly. Policymakers responded with far-reaching regulation that created a new agency—the CFPB—and changed the structure and function of these markets. Consumer advocates cheered reforms as welfare-enhancing, while the financial sector declared […]
It includes lectures by Omri Ben-Shahar on economic analysis of consumer protection law and Jonathan Masur on the behavioral law & economics of consumer choice. More here.
Uri Benoliel of the College of Law and Business – Ramat Gan Law School and Shmuel I. Becher of the Victoria University of Wellington have written The Duty to Read the Unreadable. Here's the abstract: The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held […]
by Jeff Sovern My latest, here. The conclusion: When it comes to these varied privacy problems, Congress has somehow managed to be both comatose and angry. Given its inability to respond nimbly in the rapidly shifting privacy arena, Congress should avoid hamstringing those who can. Any federal privacy law should preserve the power of states to […]
Jacob Hale Russell of Rutgers and Stanford’s Arthur & Toni Rembe Rock Center for Corporate Governance has written Unconscionability’s Greatly Exaggerated Death. Here is the abstract: Reports of unconscionability’s demise are greatly exaggerated. According to conventional wisdom, the common-law contracts doctrine is rarely used, except in limiting clauses that purport to waive consumers’ remedial rights. In […]
by Jeff Sovern The media has devoted considerable attention to Representative Alexandria Ocasio-Cortez's joining the House Financial Services Committee. I'm glad she is on the committee–the more members who are not beholden to banks, the better–and I suspect few realize how intelligent Ocasio-Cortez is (taking second place in the Intel competition is an impressive accomplishment). […]
by Jeff Sovern So reports the NY Times. Excerpt: Vanderbilt University Medical Center, responding to a new Trump administration order to begin posting all hospital prices, listed a charge of $42,569 for a cardiology procedure described as “HC PTC CLOS PAT DUCT ART.” Baptist Health in Miami helpfully told consumers that an “Embolza Protect 5.5” […]
by Jeff Sovern Here, in Bloomberg. I'm afraid I didn't find it persuasive. He didn't respond to our argument that state courts often fail to discipline attorneys who violate ethical rules in debt collection matters, as well as other points we made.
by Jeff Sovern The CFPB's former acting director, Mick Mulvaney, compared the Bureau's public database to Yelp and threatened to take it private, though he never did so. Director Kraninger has not made public her plans for the database, to the best of my knowledge, and so public access to the complaints may still be […]