Author Archives: Jeff Sovern

Credit Bureau Industry Still Seeking Caps on Damages After Equifax Breach

by Jeff Sovern Much has been made of the fact that the day the Equifax breach became public, Congress held a hearing on bills that would have limited damages credit bureaus would have to pay for misconduct.  This past Tuesday, the Senate Banking Committee held a hearing titled Consumer Data Security and the Credit Bureaus […]

Law360 Reports Trump Nominates Joseph Simons to Chair FTC and Rohit Chopra to Serve as Commissioner

by Jeff Sovern Rohit Chopra, of the Consumer Federation of America, recently served at the CFPB and obviously has experience with consumer protection issues. Simons, who formerly served as director of the FTC's competition bureau, is currently at Paul Weiss. I don't know what experience, if any, he has on the types of consumer protection […]

More Tough Talk in the Senate About the Equifax Data Breach; Will It Lead to Changes in the Law?

by Jeff Sovern Yesterday the Senate Banking Committee held a hearing on consumer data security. The Hill covered it, in a report headlined Senators bear down on credit reporting industry over data security.  Here is an excerpt: “If they lose my data as Equifax did, or if someone submits to them data that is an error […]

ABA Consumer Protection Announcement on Volunteer Opportunities for Law Students

We received the following announcement: ABA Section of Antitrust Law Consumer Protection Committee Volunteer Opportunities for Law Students The Consumer Protection Committee is the ABA’s premier group for developments in the law of privacyand data security, false advertising, deceptive marketing, and unfair trade practices, providing timelyupdates on law enforcement, rulemakings, and business guidance from the FTC, […]

Paper on How Firms Can Deliberately Induce Info Overload to Obscure Disclosures

Petra Persson of Stanford University; Research Institute of Industrial Economics has written Attention Manipulation and Information Overload. Here is the abstract: Limits on consumer attention give firms incentives to manipulate prospective buyers' allocation of attention. This paper models such attention manipulation and shows that it limits the ability of disclosure regulation to improve consumer welfare. Competitive […]

The CFPB and Data Breaches, Plus WSJ: Equifax Hack Drives GOP Bill to Overhaul Credit Bureaus

by Jeff Sovern The WSJ article is here.  Excerpt: Rep. Patrick McHenry of North Carolina introduced a bill to require the three major credit firms—Equifax, Experian PLC and TransUnion—to submit to regular federal cybersecurity reviews for the first time. All three companies also would have to phase out their use of Social Security numbers to verify consumers’ […]

WSJ Report on CFPB Response to Norieka’s Arbitration Op-Ed

by Jeff Sovern The Wall Street Journal, in a story headlined Regulator Fight Flares Anew Over Arbitration Rule As GOP Gears Up To Vote, reports on the CFPB response to the Norieka op-ed I wrote about earlier: The CFPB countered Mr. Noreika’s attack by publishing a new report on the rule’s effect on consumers, arguing there […]

Two Reasons Comptroller Norieka is Wrong About Arbitration Clauses

by Jeff Sovern Acting Comptroller of the Currency and former bank lawyer Keith Norieka has an op-ed in The Hill, Senate should vacate the harmful consumer banking arbitration rule, that is seriously flawed.  I'm going to write about two of those flaws here. First, Norieka concludes by writing: Instead of mandating only one way to resolve […]

David Dayen in The Intercept: IN NEW LAWSUIT, CORPORATIONS BAND TOGETHER TO STOP CONSUMERS FROM BANDING TOGETHER

by Jeff Sovern Here.  Lots of irony in this one, as you can tell from the headline.  A sample: Eighteen groups representing thousands of corporations and banks filed the lawsuit against the Consumer Financial Protection Bureau last Friday in federal court in Dallas. Oddly, they did not attempt to individually resolve the dispute through an arbitration process, […]