Author Archives: Jeff Sovern

Cox & Peterson Article: Public Compensation for Public Enforcement

Prentiss Cox of Minnesota and Christopher Lewis Peterson of Utah have written Public Compensation for Public Enforcement, 39 Yale Journal on Regulation (2022). Here's the abstract: Public enforcement actions frequently result in the distribution of money to people affected by violation of market protection laws. This “public compensation” returns billions of dollars to consumers, investors, and […]

Guest Post: Courts will Require Airlines to Provide Refunds Instead of Vouchers For Covid Related Cancellations, if the Contract Permits Such an Interpretation

By Dash Radosti As consumer-related COVID-19 litigation continues, the courts are sending airlines an important reminder: vouchers are not the same as refunds. However, there is a catch – courts are limiting this holding to the plain text of the contract between flyers and carriers.  Two recent federal cases reiterated this principle: Ide v. British Airways […]

McDonald & Rojc Survey Auto Financing Legal Developments

Kevin M. McDonald of VW Credit, Inc. and Washington University School of Law and Kenneth Rojc of Nisen & Elliott, LLC have written Auto Finance Regulators Not Falling Asleep at the Wheel., 76 BUS. LAW. 705 (2021). Here is the abstract: This is the annual survey of major legal and regulatory developments affecting the automobile […]

CFP: Global Forum for Financial Consumers

We received the following call for papers: The 2021 Global Forum for Financial Consumers (GFFC) Organized by International Academy of Financial Consumers (IAFICO) Call for Papers (1st) August 6th ~ 7th, 2021Format: Online & onsite webinarOnsite venue: Seoul National Univ., Seoul, KoreaTheme: Financial Consumer ProtectionLinking Theories & Evidences to Policy Practices The 2021 Global Forum for Financial […]

Craig Cowie article takes CFPB to task for not bringing COVID enforcement cases

Craig Cowie of Montana has written Is the CFPB Still on the Beat? The CFPB'S (Non)Response to the COVID-19 Pandemic, 82 Mont. L. Rev. 41 (2021). Here's the conclusion: More than ten months into a historic pandemic that has wreaked economic devastation, the CFPB—the primary Federal consumer financial protection regulator that was created in response […]

Are we going to see UDAAP statutes used against discrimination? The Student Borower Protection Center hopes so

The SBPC issued a report, DISCRIMINATION IS "UNFAIR": Interpreting UDA(A)P to Prohibit Discrimination. Here's the Executive Summary: This Article explores a theory that discrimination is a type of “unfair” practice covered by federal and state laws prohibiting unfair, deceptive (and sometimes abusive) acts and practices (“UDA(A)Ps”). An “unfair” practice is defined by statute as something […]

Jackson & Mark paper asks whether the executive branch can forgive student loan debt without congressional action

Howell E. Jackson and Colin Mark, both of Harvard, have written May the Executive Branch Forgive Student Loan Debt Without Further Congressional Action? Here's the abstract: On April 1, 2021, the Biden Administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in […]

Eric Goldman: The Crisis of Online Contracts (as Told in 10 Memes)

Eric Goldman of Santa Clara has written (illustrated?) The Crisis of Online Contracts (as Told in 10 Memes). Here is the disappointingly memeless abstract: This essay explains the “crisis” of online contracts, the legal fiction that consumers have assented to online contract terms when we have ample empirical evidence that they didn’t really mean to […]