Author Archives: Jeff Sovern

Lauren Henry Scholz article argues for private claims to enforce privacy rights

Lauren Henry Scholz of Florida State has written Private Rights of Action in Privacy Law, William & Mary Law Review, Forthcoming. Here's the abstract: Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the power government has to directly sanction actors that hurt the privacy interests of citizens. This […]

Student essay asks if anyone would have standing to sue in federal court to challenge student loan cancellation

by Jeff Sovern Jack Hoover, a 3L at Virginia, has written Standing and Student Loan Cancellation, 108 Va. L. Rev. Online (Forthcoming 2022). Here's the abstract: As the public policy debate over broad student loan cancellation continues, many have questioned whether the Executive branch has the legal authority to waive the federal government’s claim to […]

Remolina paper on the role of financial regulators in the governance of algorithmic credit scoring

Nydia Remolina of Singapore Management University – Centre for AI & Data Governance has written The Role of Financial Regulators in the Governance of Algorithmic Credit Scoring. Here’s the abstract: The use of algorithmic credit scoring presents opportunities and challenges for lenders, regulators, and consumers. This paper provides an analysis of the perils of the […]

Some first thoughts about methodological problems with the Chamber of Commerce Arbitration Study

by Jeff Sovern The Chamber of Commerce has released a study about arbitration. I paste in immediately below the relevant portion of the press release, and then I identify some methodological issues with the study. A new study released today by the U.S. Chamber of Commerce Institute for Legal Reform found that consumers and employees […]

Arbitration and the myths of freedom of contract and free choice

by Jeff Sovern Earlier this week, the Senate Banking Committee held a hearing on consumer arbitration clauses. The consumer side was ably represented by Paul Bland, Myriam Gilles, and Remington Gregg. I want to say something about the arguments put forth at the hearing by Senator Toomey and Professor Todd Zywicki. Professor Toomey argued that […]

Amy Schmitz asks: Will the United States Remain Exceptional in Enforcing Predispute Arbitration Clauses in Consumer Contexts?

Amy J. Schmitz of Ohio State has written Will the United States Remain Exceptional in Enforcing Predispute Arbitration Clauses in Consumer Contexts? MARC. Revista de Medios Alternativos de Resolución de Conflictos, no 2, 34-39 (August 2021) at Venezuelan American Chamber of Commerce and Industry. Here’s the abstract: American exceptionalism” has been used to reference the […]

Two consumer law announcements involving international matters

Both courtesy of Kathleen Engel: Consumer protection law in the 21st century: Moving to a new Pangaea or a continental drift? 5th Bi-Annual UPICLC University of Pretoria International Consumer Protection Law Conference 15-17 September 2022 Call for Papers The International Review of Financial Consumers. The IRFC, established in 2016 by the International Academy of Financial Consumers […]

Some states charge consumers responding to debt collection suits filing fees of hundreds of dollars

So reports George Simons at Bloomberg Law. Excerpt: California, Arizona, and Minnesota are good examples of states attempting to increase access to justice while charging defendants enormous filing fees. These fees are charged for all types of civil lawsuits, but are particularly relevant to debt lawsuits where defendants are being sued because, presumably, they don’t […]

Consumer Advocates Propose New Model State Consumer Protection Act

The LA Times and Ralph Nader have already written about it. Here's the press release, which includes links: Hacked by Big Corporations, America’s Civil Justice System Has Crashed, Consumer Advocates Say Report Details Impact on Consumers – and Democracy – of Corporate Attack on the Rule of Law, Proposes New Protections and Legal Procedures Contact: Harvey […]