Author Archives: Jeff Sovern

OT: Recommendations for Online Teaching

by Jeff Sovern I served on a faculty committee this summer that prepared a report with tips for online teaching. The report, which may be useful to law professors, is available here. Here's the abstract: This is a collection of recommendations drawn from a variety of sources, including our colleagues, students, webinars, books, articles, podcasts, […]

The tidal wave of lawsuits is not consumers suing businesses–it’s businesses suing consumers

by Jeff Sovern The argument that businesses should not be liable to consumers whom they carelessly infect with the coronavirus is based on the claim that if Congress does not outlaw such cases, we will see a tidal wave of lawsuits. Thus far, that argument has no basis in reality. In fact, if anything, consumer […]

McConnell bill would give businesses immunity from liability if they follow limited guidelines, all to avoid a flood of cases that don’t exist

by Jeff Sovern Politico has a summary of the McConnell bill here. It immunizes schools, colleges, charities, and businesses that follow public health guidelines from liability for negligently infecting consumers with the virus. But many public health guidelines are written in terms of what is feasible or possible, meaning that the entities subject to the […]

Becher & Dadush paper on relationships as consumer products

Shmuel I. Becher of Victoria University of Wellington and Sarah Dadush of Rutgers have written Relationship as Product: Transacting in the Age of Loneliness. Here's the abstract: Behavioral economists and social psychologists distinguish between two main types of relationships. One type is “exchange relationships,” which are based on mutual benefit and economics principles. The second type […]

More on the failure of disclosure laws: Chen paper explores how Australian payday lenders obscure mandatory warnings

Vivien Chen of the Monash University – Department of Business Law & Taxation has written Online Payday Lenders: Trusted Friends or Debt Traps? 43 University of New South Wales Law Journal (Advance 2020). Here's the abstract: The recent Senate inquiry into credit and hardship underscored the prevalence of predatory conduct in the payday lending industry. […]

How can businesses demand laws preventing liability for negligently infecting consumers with COVID when so many carelessly don’t require employees to wear masks?

by Jeff Sovern Businesses are lobbying to overturn laws that impose liability for negligently infecting customers with the coronavirus, claiming that they fear frivolous law suits and that they will observe heath guidelines to prevent the spread of the virus. But in fact, plenty of businesses are not even requiring employees to wear masks–and that's […]

Do restaurants and similar public-facing businesses have a duty to tell consumers when their employees have COVID?

by Jeff Sovern This article in the Houston Chronicle says that Texas health laws don't require restaurants to tell diners whether employees have COVID, though some restaurants have voluntarily disclosed that employees have been infected. Health laws around the nation should be amended to prevent employees with COVID from knowingly or negligently working at restaurants, […]

AALS Call for Papers for Works-in-Progress Session for Junior Consumer Law Scholars During Jan. 2021 Meeting in SF

We've received the following Call for Papers: Call for PapersJunior Consumer Law Scholars WIP session AALS Section on Commercial & Consumer Law January 5-9, 2021, AALS Annual Meeting The AALS Section on Commercial & Consumer Law is pleased to announce a “Works-in-Progress Session for Junior Consumer Law Scholars” program during the 2021 AALS Annual Meeting in San […]

Consumer advocates Kathleen Engel, NACA, and USPIRG sue the CFPB for violating federal law in establishing the conservative/industry taskforce on consumer financial law

Here's the press release (I'm afraid the formatting wasn't carried forward): Consumer Advocates Sue CFPB For Granting Financial Services Industry Illegal Influence Over Consumer Protection Policy Director Kraninger Unlawfully Formed the “Federal Consumer Financial Law Taskforce,” Stacked Group with Industry Representatives Secretive Taskforce Likely To Recommend Sweeping Rollback of Consumer Protections as Nation Grapples with […]