Category Archives: Consumer Law Scholarship

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, […]

Consumer Debt Litigation Index and Report

The National Center for Access to Justice at Fordham Law School has posted a report and online resource that ranks the 50 states and the District of Columbia on their adoption of policies promoting fairness in consumer debt litigation. The report notes that debt-collection lawsuits inundate courts across the country. Because many suits go unanswered, […]

Andrea Chandrasekhar paper finds chain stores in Black neighborhoods offer lower-quality consumer experience than in White neighborhoods

Andrea Chandrasekher of UC-Davis has a history of writing important papers on important subjects. She has done so again, with The “Good” Starbucks: Consumer Redlining in Large American Chain Stores. Here’s the abstract: Racial discrimination in the retail realm has been well-documented in the academic literature. However, past studies have focused on retail redlining, a discriminatory […]

Fairness of online retail platforms’ recommendations

Last fall, the Federal Trade Commission filed a complaint alleging that Amazon Marketplace unfairly highlights its own products on its website to encourage consumers to select the Amazon brand over competitors’ products. The Regulatory Review reports today on a study that questions that conclusion. The study’s authors explain how evaluating the fairness of product placement […]