Author Archives: Jeff Sovern

Does an FTC commissioner click accept without reading? If practically no one reads these things, why do we hold people to them?

by Jeff Sovern Regular readers of this blog know that I collect instances of people agreeing to contracts without reading them. Among my examples: Chief Justice Roberts, Judge Posner, Hillary Clinton, and consumer law professors. Now I think we can add FTC Commissioner Noah Phillips to the list, though his remarks are ambiguous enough that […]

Dee Pridgen Seeks Co-Author for Consumer Law Treatises

Dee Pridgen is seeking a coauthor/collaborator for her two treatises published by Thomson Reuters, Consumer Protection and the Law and Consumer Credit and the Law.  These books have been updated yearly for 30 years and are available both in print and on Westlaw.  Her current coauthor, Richard Alderman, Professor Emeritus of the University of Houston […]

CFPB announces new CAB members; former members comment

by Jeff Sovern The CFPB has announced the new members of its Consumer Advisory Board: the new board has fewer members than the old one–meaning fewer viewpoints are represented–and the members will serve for shorter terms, making it harder for them to accumulate relevant experience with board service. I wonder if this is just an […]

Chandrasekher & Horton Article Proposes Solution to Arbitration Problem: Arbitration Multiplier

Andrea Chandrasekher and David Horton, both of California, Davis, have written Arbitration Nation: Data from Four Providers, 109 California Law Review. Here's the abstract: Forced arbitration has long been controversial. In the 1980s, the Supreme Court expanded the Federal Arbitration Act (FAA), sparking debate about whether private dispute resolution is an elegant alternative to litigation or a rigged […]

A Year After the Equifax Breach, Little Has Changed

by Jeff Sovern Remember all the posturing in the congressional hearings and elsewhere after the Equifax breach that affected more than 140 million consumers?  But a year later, little has changed, at least in Washington (litigation is still pending).  Wouldn't it be nice if the members of Congress who expressed outrage actually did something to […]

Exciting CFP: Berkeley Consumer Law Scholars Conference

We have received the following call for papers appearing below. This one looks especially exciting for consumer law scholars: it's at an elite law school and has an impressive roster of organizers.  The Berkeley Center for Consumer Law and Economic Justice, its director Ted Mermin, and co-organizers Abbye Atkinson, Kathleen Engel, Rory Van Loo, and […]

Paper on Poor Consumers, High-Cost Credit, and Payday Loans

Shmuel I. Becher of Victoria University of Wellington, Yuval Feldman of Bar-Ilan University and Orly Lobel of San Diego have written Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans in Legal Applications of Marketing Theory, Jacob Gersen & Joel Steckel, eds., Cambridge University Press (2019, Forthcoming). Here's the abstract: Consumers in general, and […]

De Geest Book Argues Marketing Causes Inequality

Gerrit De Geest of Washington University in St. Louis has written Rents: How Marketing Causes Inequality. Chapter One is available here.  Here is the abstract: This working paper contains the introduction and first chapter of a forthcoming book on the relationship between marketing and inequality. I argue that the dramatic rise of income inequality since 1970 […]

Treasury Dept Cuts Bank Taxes by Announcing “Financial Services” Don’t Include Banking: Who Knew?

by Jeff Sovern This isn't consumer law, strictly speaking, but I thought readers of the blog might be interested to know that the Trump administration's Treasury Department thinks banking is not a financial service.  That interpretation has the effect of cutting taxes paid by banks.  David Sirota has the story, The Trump Administration Just Found a […]