In Law360, by Andrew Sandler and Benjamin K. Olson Here is an excerpt: It is not entirely clear whether the Dodd-Frank Act or the [Federal Vacancies Reform Act] controls in these circumstances. The one thing that is clear is that there will be real and significant differences in the operation of the CFPB depending on which […]
Author Archives: Jeff Sovern
David Marcus of Arizona has written The History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994, Fordham Law Review (forthcoming 2018). Here is the abstract: The first era of the modern class action began in 1966, with revisions to Rule 23 of the Federal Rules of Civil Procedure. It ended in 1980. […]
by Jeff Sovern Here is a report on the mortgage default rate from Housing Wire. So we have a low mortgage default rate and record highs in consumer debt, as Brian reported earlier, half a dozen years after creation of the CFPB. Yet conservatives want to eliminate or reduce the Bureau's power.
We received the following call for papers: The Innovation Center for Law and Technologyat New York Law School and The Center on Law and Information Policyat Fordham University School of Law are pleased to issue this Call for Papers for the inaugural Northeast Privacy Scholars Workshop, which will take place at New York Law School on October […]
Here. The article uses Wells Fargo as an example. Here's an excerpt: Will Wells Fargo be held to account for the many ways in which it mistreated its customers? The prospect of governmental action appears to be diminishing, and any fines it might face are likely to be at the low end of the scale […]
Chris Jay Hoofnagle of Berkeley has written FTC Regulation of Cybersecurity and Surveillance, in The Cambridge Handbook of Surveillance Law (David Gray and Stephen Henderson, eds)(Cambridge University Press 2017). Here's the abstract: The Federal Trade Commission (FTC) is the United States’ chief consumer protection agency. Through its mandate to prevent unfair and deceptive trade practices, […]
Benjamin P. Edwards of Nevada has written Arbitration's Dark Shadow, Nevada Law Journal, Forthcoming. Here's the abstract: Arbitration has expanded broadly, removing disputes involving entire industries from judicial review. The absence of judicial review plunges these disputes and industries into shadow. This shadow causes the public to lose sight of vital information about industry practices […]
Patrick O'Callaghan of University College Cork has written The Chance 'to Melt into the Shadows of Obscurity': Developing a Right to Be Forgotten in the United States, A. Cudd & M. Navin (eds) Privacy: Core Concepts and Contemporary Issues (New York: Springer, 2018) (Forthcoming). Here is the abstract: This chapter argues that there is some […]
Yonathan A. Arbel of Alabama has written Adminization: Gatekeeping Consumer Contracts, Vanderbilt Law Review, Forthcoming. Here's the abstract: Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau (CFPB) against JP Morgan, Citibank, and large debt collectors illustrate the breadth and importance of this phenomenon. Due to […]
by Jeff Sovern The title of the piece, in The New Republic, is The Left’s Misguided Debate Over Kamala Harris. Perhaps non-Californians will be less interested in the parts about Kamala Harris and more interested in the parts about foreclosure victims (recall that Dayen wrote the excellent book Chain of Title about the foreclosure crisis). Here […]