Author Archives: Jeff Sovern

Fitbit Lawyer Admits Admits No Rational Consumer Would Arbitrate $162 Claim

by Jeff Sovern So Allison Frankel reports for Reuters in a story headlined Fitbit lawyers reveal ‘ugly truth’ about arbitration, judge threatens contempt. Here are the first three paragraphs: At a hearing Thursday in San Francisco federal court, a lawyer for the fitness tracking company Fitbit told U.S. District Judge James Donato that no rational customer would arbitrate a $162 […]

Paper on Advertising’s Short-Term Effects

Chen He of the Tilburg Law and Economics Center and Tobias J. Klein of the Tilburg University Department of Econometrics & Operations Research, Center for Economic Research, Law and Economics Center; IZA Institute of Labor Economics; and Netspar, have written Advertising as a Reminder: Evidence from the Dutch State Lottery. Here is the abstract: We use […]

2019 International Association of Consumer Law (IACL) Conference to be in Indiana next June

We received the following announcement: The next conference of the International Association of Consumer Law (IACL) will be held at the Indiana University McKinney School of Law in Indianapolis on June 13-15, 2019. This is the first time that the conference will be held in the United States, and we are hoping to get a good turnout from consumer law […]

Is the CFPB Making it Easier for Financial Institutions to Discriminate in Lending?

by Jeff Sovern Allison blogged earlier about Kate Berry's American Banker article, CFPB signals pullback on discrimination cases. I wanted to say a bit more about this area. Depending on how you count, there are basically three ways to prove credit discrimination cases. One, that is theoretically possible, but that you virtually never see in practice, […]

My Latest Op-ed: The Consumer Financial Protection Bureau, leaving the public high and dry

Here, in the Daily News. Excerpt:  Mulvaney once called the bureau a "sad, sick joke" and co-sponsored a bill to eliminate it. The solution he has adopted to run an agency he thinks should not exist is to "be a good bureaucrat," and do what the law requires — but no more. Mulvaney even extends […]

Jeb Hensarling, the Financial Choice Act, and Wells Fargo

by Jeff Sovern When the Bureau fined Wells Fargo $1 billion, it did so using its power to prohibit unfair practices in 12 USC 5531(c), 5536(a)(1)(B). (see pages 9 and 12 of the consent order). House Financial Services Committee Chair Jeb Hensarling's Financial Choice Act, passed by the House, would eliminate that power.  But don't […]

Consumer Law Professors, Please Take My Survey About Coverage

by Jeff Sovern At the Teaching Consumer Law conference, on Friday, I asked questions of those who have taught consumer law recently or intend to teach it in the near future.  The questions, in a somewhat different form because of the limits of the survey software, were drawn from the survey that appears below the […]