Author Archives: Jeff Sovern

NACA essay argues that consumer statutory damages set decades ago should be increased because of inflation

Here. Excerpt: Since the 70’s, the FCRA has allowed consumers with credit reporting claims to recover up to $1,000 per statutory violation of the law, while the FDCPA allows statutory damages up to $1000 per case even when multiple violations of the law are present. It is decades-past time for an update. An annual inflation […]

Paper on Removing Barriers to Mortgage Credit for Black Homebuyers

Michelle Aronowitz and Vanessa Gail Perry of George Washington have written Homeward Bound: Removing Barriers to Mortgage Credit for Black Homebuyers. Here’s the abstract: We analyze some of the key barriers to Black homeownership and propose several solutions that promise to expand homeownership opportunities, lower the costs of homeownership, and hasten equity accumulation for Black […]

Block-LIeb & Janger article proposes changes in unconscionability rules

Susan Block-Lieb of Fordham and Edward J. Janger of Brooklyn have written Fit for its Ordinary Purpose: Implied Warranties and Common Law Duties for Consumer Finance Contracts, 59 Houston Law Review 3 (2021). Here’s the abstract: The history of consumer goods and consumer credit markets presents an anomaly: market transactions for consumer goods and credit […]

Blasie on Plain Language Laws

Michael Blasie of Pennsylvania State University, Dickinson Law has written The Rise of Plain Language Laws, University of Miami Law Review, 2022 Forthcoming. Here is the abstract: When lawmakers enacted 778 plain language laws across the United States, no one noticed. Apart from a handful, these laws went untracked and unstudied. Without study, large questions remain […]

Chandrasekher study finds lack of diversity among arbitrators

Andrea Chandrasekher of California, Davis has written An Empirical Investigation of Diversity in U.S. Arbitration. Here is the abstract: For decades, the United States system of arbitration has been subject to nearly constant public criticism. Calling arbitration a rigged judicial system, consumer and employee rights groups have voiced opposition to the practice of “forced arbitration” whereby […]

Victoria Barnes on Anne Fleming’s Scholarship

Victoria Barnes of the Max Planck Institute for Legal History and Legal Theory has written Anne Fleming’s History of Law and Consumer Finance, 22  Enterprise & Society 316 (2021). Here's the abstract: This article has teased out Anne Flemings’s interests and the overarching themes in her research. It shows how these themes and interests influenced […]

An open letter to Rohit Chopra: Don’t forget arbitration

Dear Rohit: Congratulations on your confirmation to serve as Director of the Consumer Financial Protection Bureau! You are an excellent choice for many reasons, not least because you bring to the CFPB helm the experience of having served as an FTC Commissioner as well as having been at the CFPB in its earliest days. Much […]

Harvard Law Review to publish Wilf-Townsend article: Assembly-Line Plaintiffs

Daniel Wilf-Townsend of Chicago has written Assembly-Line Plaintiffs, Forthcoming in the Harvard Law Review. Here is the abstract: Around the country, state courts are being flooded with the claims of massive repeat filers. These large corporate plaintiffs leverage economies of scale to bring tremendous quantities of low-value claims against largely unrepresented individual defendants. Using recently developed […]