Author Archives: Jeff Sovern

Piché Paper on the Effectiveness of Class Action e-Notices

Catherine Piché of the University of Montreal has written The Coming Revolution in Class Action Notices: Reaching the Universe of Claimants Through Technologies. Here's the abstract: This paper will address whether a correlation may be drawn between the types and modalities of notices sent to class action members and the rate of compensation of these members, […]

Call for Papers for Symposium on Post-Secondary Education Non-Completion and Student Loan Debt

We've received the following call for papers: Submission Due Date:  Sunday, June 17, 2018 at midnight The Rappaport Center for Law and Public Policy, Boston College Law School, and the National Consumer Law Center are pleased to announce a symposium on Post-Secondary Education Non-Completion and Student Loan Debt to take place at Boston College Law […]

Will Trump Replace a Part-Time CFPB Director with One Who is Never at the CFPB?

by Jeff Sovern Acting CFPB Director Mick Mulvaney doubles as OMB director, meaning that he is doing two full-time jobs, and that therefore the CFPB does not have a full-time director. But the next director may be at the Bureau even less often than Mulvaney.  As Allison has noted, reports indicate that the president intends […]

Tinder’s Diabolical RETROACTIVE Arbitration Clause

by Jeff Sovern One of my students told me about Tinder's new retroactive arbitration clause which, of course, includes a class action waiver. As with many such contracts, consumers accept it by using the service, regardless of whether they have read it or not–and we know few consumers actually read such things.  The arbitration clause, […]

More on Congress’s Disapproval of the CFPB’s Indirect Auto Guidance

by Jeff Sovern Alan Kaplinsky and Chris Willis, on the one hand, and Adam Levitin, on the other, have been dueling over the impact of Congress’s use of the Congressional Review Act to disapprove of the CFPB’s Indirect Auto Lending Guidance.  Those of us interested in consumer financial law are lucky to have these titans […]

Is Mulvaney Changing the CFPB’s Structure to Downgrade Student Loan Enforcement?

by Jeff Sovern Glen Thrush has an article in the Times headlined Mulvaney Demotes Unit That Polices Student Loans in Consumer Bureau Reshuffle. Excerpt: The change comes at a critical moment in the agency’s effort to rein in abuses in the student loan industry. The program, started under the Obama administration, has clawed back about $750 […]

House to Vote on Senate Bill Amending Dodd-Frank and Senate Agrees to Take Up House Bills

by Jeff Sovern It sounds like the House will vote on, and presumably pass, the Senate bill as is. In return, the Senate will take up certain as-yet-unidentified House bills that passed by a margin of at least two-thirds, meaning that at least some Democrats voted for them.  It's not clear, but it looks like […]

Impact of House Vote to Rescind CFPB Indirect Auto Guidance Remains Unclear

Joseph Lawler reports in the Washington Examiner. Excerpt: [T]he resolution passed Tuesday raises a tricky legal question regarding what it means for Congress to disapprove of informal guidance that an agency sends to businesses. When Congress disapproves of a rule enforced by an agency, the meaning is clear: The agency is not allowed to enforce […]

Lazarus Slams Senate Bill for Preempting Stronger State Credit Freeze Laws

Here, in the LA Times.  The headline reads White House-backed bill purports to strengthen consumer protection. It does the opposite.  Excerpt: California's credit-freeze law, for example, says no one can access your credit file if a freeze is in place, including a potential employer performing a background check or an insurance company. The new federal bill, […]