Author Archives: Jeff Sovern

Vijay Raghavan Essay: Shifting Burdens at the Fringe

Vijay Raghavan of Brooklyn has written Shifting Burdens at the Fringe, 102 Boston University Law Review (2022). Here’s the abstract: Scholars are increasingly arguing that consumer law can be a site of distribution. This raises at least two concerns: the classic argument associated with Louis Kaplow & Steven Shavell against redistributing income through legal rules, […]

Can you solve the mystery of why the Credit CARD Act treats penalty fees differently from penalty interest rates and other fees?

by Jeff Sovern When Congress enacted the Credit CARD Act of 2009, it provided that credit card penalty fees, like late fees, “shall be reasonable and proportional” and gave the Fed the power–later transferred to the CFPB–to set safe harbor amounts which would presumptively be reasonable and proportional. But it didn’t limit fees for credit […]

CFPB Spring Regulatory Agenda is up and arbitration isn’t on it

by Jeff Sovern As the American Banker's Kate Berry reported (behind a paywall but available on Lexis), the CFPB's Spring Regulatory Agenda has been posted to the OMB's web site, rather than, as has been the Bureau's practice, the CFPB web site. Here it is: Prerule stage – Consumer Access to Financial Records, 3170-AA78 Proposed […]

Osofsky & Thomas paper on the relationship between implicit bias and the home mortgage interest deduction

Leigh Osofsky and Kathleen DeLaney Thomas, both of North Carolina, have written Implicit Legislative Bias: The Case of the Mortgage Interest Deduction, 56 UC Davis Law Review (2022). Here is the abstract: The home mortgage interest deduction is over 100 years old. The deduction has been subject to increasing and, at times, withering criticism from […]

NACA Webinar: How to become a federal judge for consumer attorneys

Becoming a Federal Judge: What Consumer and Civil Justice Attorneys Need to Know   June 14, 3:00 p.m.–4:00 p.m. ET   Pricing Members: no charge Nonmembers: no charge but must be approved (if you have not yet been approved to attend NACA webinars, you must email training@consumeradvocates.org to be vetted to attend) The Biden administration has demonstrated a […]