Category Archives: Consumer Law Scholarship

Neil Sobol article: Consumer Law for Gen Z Law Students

Neil L. Sobol of Texas A&M has written Consumer Law for Gen Z Law Students, 66 Arizona Law Review (2024). Here’s the abstract: Whether they are consumers, representing consumers, or advising clients dealing with consumers, law school graduates will inevitably confront numerous consumer law issues. Moreover, most students entering law school are members of Generation Z and […]

Meshel & Yahya empirical study of how lower courts rule on arbitration motions

Tamar Meshel and Moin A. Yahya both of the University of Alberta – Faculty of Law, have written The Gatekeepers of the Federal Arbitration Act: An Empirical Analysis of the FAA in the ‎Lower Courts, forthcoming in the Mississippi Law Journal.  Here’s the abstract: This article presents the results of the first comprehensive empirical study of motions […]

Kolt paper on AI agents, something consumers might use

Noam Kolt of the University of Toronto has written Governing AI Agents. Here is the abstract: While language models and generative AI have taken the world by storm, a more transformative technology is already being developed: “AI agents” — AI systems that can autonomously plan and execute complex tasks with only limited human oversight. Companies […]

Zipursky & Takhshid article on the illusory promise of unconscionability

Benjamin C. Zipursky of Fordham and Zahra Takhshid of Denver and Harvard’s Berkman Klein Center have written Consumer Protection and the Illusory Promise of the Unconscionability Defense, forthcoming in 103 Texas Law Review. Here’s the abstract: The United States Supreme Court’s notorious decision in AT&T Mobility LLC v. Concepcion seems to display impatience with the idea of […]

CRL Report finds consumers who take out EWAs and other cash advances get caught in debt trap and pay high APRs

The Center for Responsible Lending has issued a report, Not Free: The Large Hidden Costs of Small-Dollar Loans Made Through Cash Advance Apps. Here’s the Executive Summary and Key Findings: Earned wage advances (EWA) and cash advance products are small, short-term loans that are typically repaid on the consumer’s next payday either directly from a […]

Becher & Zarsky Article on using the law of mistake to attack digital contracts

Samuel Becher of the Victoria University of Wellington and Tal Zarsky of the University of Haifa have written Big Mistake(s), forthcoming in the Florida Law Review. Here’s the abstract: The digital age has brought the imbalance of power between prominent firms and individual consumers to the forefront. Despite their proclamations of upholding democratic values and […]

Andrea Boyack article on abusive contract terms in online terms and conditions

Andrea J. Boyack of Missouri has written Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights, Iowa Law Review, Forthcoming. Here’s the abstract: Contract law and the new Restatement of the Law of Consumer Contracts generally treats the entirety of the company’s boilerplate as presumptively binding. Entrusting the content of consumer contracts to companies creates a […]

Consumer Finance Monitor Podcast: The Consumer Financial Protection Bureau’s Use of Unfairness to Regulate Discriminatory Conduct: A Discussion of the Consumer and Industry Perspectives

Here. I spoke about my recent article, Is Discrimination Unfair?, on the podcast.

Study finds cybersecurity doesn’t have significant impact on identity theft

A. Oloyede, I. Ajibade, C. Obunadike, A. Phillips, O. Shittu, E. Taiwo, all of Austin Peay State University, and S. Kizor-Akaraiwe of the University of Washington have written A Review of Cybersecurity as an Effective Tool for Fighting Identity Theft across United States, 12 International Journal on Cybernetics and Informatics, No.5, (October 2023). Here is […]

Richard Frankel Empirical Study of How Businesses Responded to Mass Arbitration

Richard Frankel of Drexel has written Fighting Mass Arbitration: An Empirical Study of the Corporate Response to Mass Arbitration and Its Implications for the Federal Arbitration Act. Here’s the abstract: Over the last forty years, corporations have increasingly inserted mandatory arbitration provisions into their consumer and employment contracts. Most prominently, and with the Supreme Court’s blessing, […]