Author Archives: Jeff Sovern

Study finds 83% of consumers agreed to social network terms of service that obliged them to provide kidney or eyeball

Jonathan A. Obar of the Department of Communication Studies at York University and the Quello Center at Michigan State and Anne Oeldorf-Hirsch of the Department of Communication at Connecticut have written Older Adults and ‘The Biggest Lie on the Internet’: From Ignoring Social Media Policies to the Privacy Paradox, 16 International Journal of Communication 4779 […]

CFP: IACL Conference in Germany: Challenges and Unanswered Questions of Consumer Law

We received the following call for papers. More information is available here. 18th International Association of Consumer Law Conference (IACL) Topic: Challenges and Unanswered Questions of Consumer Law CALL FOR PAPERS Abstract submission deadline: 16 December 2022 Feedback: 20 February 2023 Guidelines: max. 300 words, 5-7 keywords Dates: Wednesday, 19 July 2023 – Friday, 21 […]

Raba Report: Co-Opting California Courts: How Private Creditors Have Turned the Judiciary Into a Predatory Student Debt Collection Machine

Claire Johnson Raba of Irvine has written Co-Opting California Courts: How Private Creditors Have Turned the Judiciary Into a Predatory Student Debt Collection Machine. Here is the abstract: In a report, Claire Johnson Raba, a SBPC fellow and clinical teaching fellow at the University of California Irvine School of Law’s Consumer Law Clinic, shows the […]

NCLC Report on Reg F finds consumers still struggling to understand validation notices

Here. Some other notable findings: Requests to stop particular types of communication are often ignored by collectors. Most survey respondents indicated that debt collectors generally do not comply with requests from consumers to cease contacting them via a particular method of communication—in violation of Regulation F. * * * Collection of time-barred debts continued, including […]

Conti-Brown’s and Feinstein’s article finds grade inflation in CRA ratings

Peter Conti-Brown of Penn’s Wharton School and the Brookings Institution and Brian D. Feinstein, also of Wharton have written Banking on a Curve: How to Restore the Community Reinvestment Act, Harvard Business Law Review, Forthcoming. Here’s the abstract: The federal government’s primary financial-regulatory tool for combating wealth inequality is broken. Intended to push banks towards deeper engagement […]

ALI announces principles project on high-volume, low-stakes civil cases, including debt collection, eviction, foreclosure

From the announcement: The American Law Institute’s Council voted today to approve the launch of a Principles of the Law project that will address a serious challenge facing state courts: the adjudication of high-volume, high-stakes, low-dollar-value civil claims. The project will be led by Reporter David Freeman Engstrom of Stanford Law School. These types of […]

Adam Levitin’s American Banker Op-ed: Those seeking to bring down the CFPB should be careful what they wish for

Here. Behind a paywall, but also available on Lexis. Excerpt:  * * *The Fifth Circuit is claiming the CFPB wields broader regulatory authority than the Fed, a full-fledged bank regulator that engages in rulemaking and enforcement, operates the payment systems that are the backbone of the economy, and regulates monetary policy and employment. This is […]

Op-ed: Banks fight for the right to discriminate

by Jeff Sovern Here, in the NY Daily News. My latest op-ed. Excerpt: You might not expect that in the year 2022, businesses would go to court asserting a right to discriminate. Yet that is essentially what the Chamber of Commerce and various banking groups did last month when they sued the Consumer Financial Protection Bureau. The […]

Fifth Circuit decision creating issues in other CFPB cases

That's the takeaway from Evan Weinberger's Bloomberg Law report, CFPB Funding Decision Is Grist for Agency Enforcement Fights. Excerpt: At least two companies targeted in CFPB enforcement actions have already pointed to the ruling to ask other courts to dismiss the actions on constitutional grounds. Others will wield the US Court of Appeals for the Fifth […]