Author Archives: Jeff Sovern

Da Lin and Daniel Schwarcz call for car insurance rate cuts while driving is down so much

Da Lin and Daniel Schwarcz have written an op-ed, States Must Act To Cut Auto Insurance Rates During COVID-19 for Law360 (free access during the pandemic). They explain "Auto insurers are experiencing a massive windfall as a result of the coronavirus, but they are not returning a fair portion of those gains to consumers. And […]

Foohey, Jiménez & Odinet Paper: The Folly of Credit As Pandemic Relief

Pamela Foohey of Indiana University Maurer School of Law, Dalié Jiménez of California, Irvine and Christopher K. Odinet of Oklahoma have written The Folly of Credit As Pandemic Relief 68 UCLA L. Rev. Disc. __ (2020 Forthcoming). Here's the abstract: Within weeks of the coronavirus pandemic appearing in the United States, the American economy came to […]

Shmuel Becher on design principles for effective consumer protection legislation

Shmuel I. Becher of New Zeeland's Victoria University of Wellington has written The Puzzle of Effective Consumer Protection Legislation: Challenges, Key Lessons and Design Principles, in The Law and Economics of Regulation, Mathis & Torr eds (forthcoming Springer, 2021). Here is the abstract: Legislation, even when well-intended, sometimes fails to provide the desired results. By […]

How often do states enforce a federal law when the feds won’t? Well, that’s what’s happening now with the FCRA investigation deadlines

by Jeff Sovern Earlier this month, the CFPB issued a statement saying that during the pandemic, it would not enforce the 30-day deadlines for credit reporting agencies and furnishers to investigate reports of errors in credit reports, as long as they acted in good faith. I noted at the time that that would not appear […]

NYT: CFPB economist charges that Trump-appointees manipulated Bureau research

by Jeff Sovern The article is here. From being a data-driven agency, the Bureau has become a politics-driven agency. No doubt the payday industry was not hurt by spending money at a Trump hotel. The Times also reproduces the memo in question. I hope the House Financial Services Committee quickly convenes a hearing, online or […]

OT: Members of Congress should hold online hearings to memorialize the dead in their districts/states

by Jeff Sovern Because of the virus, people are experiencing more losses than usual and are not able to mark their passing with the rituals that help in times of death: in-person funerals, wakes, shiva calls, and the like. Consequently, death is becoming even harder for survivors than in normal times. Members of Congress could […]

Foohey, Jiménez & Odinet paper on what Congress should do to help consumers during the pandemic

Pamela Foohey, Dalié Jiménez, & Christopher K. Odinet have written CARES Act Gimmicks, How Not to Give People Money During a Pandemic and What to Do Instead, online at the Illinois Law Review. Excerpt (footnotes omitted): As a short term solution, money equivalents should have begun with an immediate nationwide eviction and foreclosure moratorium, accompanied by a debt […]

Debt collectors: Please prove you are not “eager” to garnish stimulus funds by supporting laws to prevent such garnishments

by Jeff Sovern In  an April 16 letter, ACA International, which describes itself as "The Association of Credit and Collection Professionals," complained  that "Advocacy organizations have made several recent claims that, 'debt collectors are eager to garnish [stimulus] payments – threatening families’ access to food, shelter, and medicine, and endangering public health.'” I'm not sure […]

A better way to protect the credit records of those who have pandemic-caused defaults

by Jeff Sovern How should Congress handle the problem of damage to the credit of consumers who default because of the coronavirus pandemic? Congress has already taken its first stab at the problem in Section 4021 of the CARES Act. That provision states that if lenders work out an "accommodation" with consumers under which the […]