Author Archives: Jeff Sovern

Is the payday lending rule coming back in some form?

by Jeff Sovern Yesterday, Acting CFPB Director Dave Uejio posted an item to the CFPPB Blog that suggests that the Bureau may rekindle its former payday lending rule in some form. Here's the post in full: The CFPB is acutely aware of consumer harms in the small dollar lending market, and is particularly concerned with […]

The NY Times on the latest in illusory consumer protections: the 12-minute DeVos system to decide student loan forgiveness

by Jeff Sovern Consumer law is filled with illusory consumer protections, and one form they take is the supposed obligation to give serious consideration to the possiblity that the provider is wrong in its claims. Examples include credit bureaus' obligations to conduct a reasonable investigation of consumer disputes–an obligation which has historically been discharged in […]

LA Times’ David Lazarus: AT&T’s new arbitration clause isn’t doing you any favors

Here.  It might be behind a paywall, but you can find it on Lexis. I enjoyed and recommend the whole column, but here's an excerpt: Jim Kimberly, an AT&T spokesman, told me that "arbitration is a faster, less expensive, easier means of resolving disputes." * * * For businesses, arbitration is indeed faster, cheaper and […]

CFPB rescinds disappointing abusiveness policy statement

by Jeff Sovern Last year we blogged about the CFPB's disappointing abusiveness policy statement. But things are different this year and the Bureau has wisely rescinded the Policy Statement, saying that it "was inconsistent with the Bureau’s duty to enforce Congress’s standard and rescinding it will better serve the CFPB’s objective to protect consumers from […]

Nomination News: Senate Banking Committee split on Chopra; Will Baradaran lead the OCC?

by Jeff Sovern Yesterday, the Senate Banking Committee split, 12-12 on the vote to confirm FTC Commissioner Rohit Chopra to be the next CFPB director. According to Neil Haggerty's report in the American Banker (behind a paywall but available on Lexis), the Senate can still confirm Chopra but it will first require a motion to […]

Blast from the past: post on Barney Frank’s autobiography

by Jeff Sovern Barney Frank is speaking today at the Berkeley Consumer Law Scholars Conference. Here's something I posted in 2015 on his autobiography: I just finished listening to the audio version of Barney Frank's autobiography, Frank: A Life in Politics from the Great Society to Same-Sex Marriage, which Frank reads himself. I listened to it […]

Senate Banking Committee hearing on nomination of Rohit Chopra to lead CFPB tomorrow, Tuesday, at 10 Eastern

by Jeff Sovern You should be able to listen here. The American Banker's Kate Berry has a story here, behind a paywall, unfortunately, but if you have Lexis, you can read it there. Excerpt: [Chopra's] aggressive past statements coupled with the power and high profile that comes with the CFPB job could lead to some […]

Loyola of Chicago Consumer Law Review Symposium: Racial Justice in Consumer Law

Panel I – Antiracist Policy in Consumer Law – March 4, 4:00 PM (All times are CST.) The symposium's first panel will highlight antiracist policy arising in the various areas of consumer law. The panelists' expertise and discussion topics range from historical analysis of racist consumer facing practices to modern analyses of consumer protection most […]

Paul Weiss: The Coming Transformation of the CFPB in the Biden Administration: What to Expect and How to Prepare

Here. Excerpt (footnotes omitted): As then-Professor Elena Kagan explained in her famous article, “Presidential Administration,” it is the overriding tendency of recent presidents to harness executive agencies’ rulemaking and other authorities and use them as extensions of their own policy and political agendas. Given the CFPB’s broad authorities, its ample funding through the Federal Reserve, […]