Author Archives: Jeff Sovern

Another podcast episode that may be of interest to readers of the CL&P blog

Ballard Spahr’s Alan Kaplinsky interviewed Arthur E. Wilmarth, Professor Emeritus at GW, about crypto and its regulation at this week’s episode of the Consumer Finance Monitor podcast. I learned some things from the discussion that I plan to incorporate in my Payments Systems class next spring. Some of the discussion drew on Professor Wilmarth’s forthcoming […]

Raba report on the burdens of debt collection litigation

Claire Johnson Raba of the University of Illinois Chicago School of Law and California, Irvine has written One-Sided Litigation: Lessons from Civil Docket Data in California Debt Collection Lawsuits. Here’s the abstract: A study by Claire Johnson Raba, a researcher with the Debt Collection Lab, shows that debt cases are an increasing burden on consumers and […]

The FTC’s Unavoidable Clear and Conspicuous Standard

Last month, the FTC updated its Endorsements Guide. The Guide’s definition of clear and conspicuous is particularly interesting. The Guide states: (f) For purposes of this part, “clear and conspicuous” means that a disclosure is difficult to miss ( i.e., easily noticeable) and easily understandable by ordinary consumers. * * * In any communication using […]

District Court Decision Coming Soon in Chamber’s Challenge to the CFPB’s Claim that Discrimination is Unfair

Regular readers of the blog will recall that after the CFPB announced that it interpreted its power to proscribe unfair practices as reaching discriminatory conduct, the Chamber of Commerce and various banking trade organizations sued the Bureau in the Eastern District of Texas (it’s always Texas) challenging the Bureau’s determination. Both sides later moved for […]

Some personal news: I have joined the faculty at the University of Maryland Francis King Carey School of Law

I am thrilled to report that I have been named the Michael Millemann Professor of Consumer Protection Law at the University of Maryland Francis King Carey School of Law. Michael Millemann is a long time Maryland faculty member who has been a leader in many areas of the law, including consumer law, and it’s an […]

Maria Glover’s latest mass arbitration article

Maria Glover of Georgetown has written Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration, 100 Washington University Law Review (2023). Here’s the abstract: Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this phenomenon has entered […]

Sommers study shows consumers are clueless about arbitration opt-outs

On Wednesday, I blogged about Roseanna Sommers’ important new arbitration study. One point I want to highlight about the study is that it makes clear that consumers don’t understand arbitration opt-outs at all. First, some background: some companies insert in their arbitration clauses a provision that allows consumers to opt out of arbitration if they […]

David Hoffman discusses his article about eliminating forms for small dollar contracts on the Consumer Finance Monitor Podcast

In March, we posted a link to Penn’s David A. Hoffman’s article, Defeating the Empire of Forms, forthcoming in the Virginia Law Review. For those who haven’t found the time to read the article, you can listen to Alan Kaplinsky’s interview with Professor Hoffman about the article at Ballard Spahr’s Consumer Finance Monitor Podcast here. […]