Category Archives: Consumer Law Scholarship

Study reports consumers find courts fairer than arbitration

Farshad Ghodoosi of the David Nazarian School of Business & Economics, California State University, Northridge and Monica Sharif of California State University, Los Angeles have written Justice in Arbitration: The Consumer Perspective, International Journal of Conflict Management (2021). Here is the abstract: Purpose: Arbitration—a binding private third-party adjudication—has been the primary legal way for resolution […]

Noam Kolt article on computational language models reading contracts

Noam Kolt of the University of Toronto has written Predicting Consumer Contracts, 37 Berkeley Technology Law Journal (2022 Forthcoming). Here is the abstract: This Article empirically examines whether a computational language model can read and understand consumer contracts. Language models are able to perform a wide range of complex tasks by predicting the next word in […]

Bar-Gill & Ben-Shahar paper on manipulation of consumers

Oren Bar-Gill of Harvard and Omri Ben-Shahar of Chicago have written Manipulation by Mislaid Priorities. Here is the abstract: This paper lays a foundation for a new theory of manipulation, based on the misprioritization of (truthful) information. Since consumers review only a subset of all available information, firms can harm consumers by prioritizing information that maximizes […]

Study explores effect of increase in minimum payments on actual payment amounts

Paolina C. Medina of Texas A&M University and Jose L. Negrin of the Banco de Mexico have written The Hidden Role of Contract Terms: Evidence from Credit Card Minimum Payments in Mexico, Management Science (2021). Here is the abstract: This paper argues that thresholds in financial contracts act as implicit nudges in consumers’ decisions. Exploiting […]

Study suggests consumers assume product quality may be higher than it is when sellers withhold information from them

The American Economic Association has a report on the study here. The actual paper, Is No News (Perceived As) Bad News? An Experimental Investigation of Information Disclosure by Ginger Zhe Jin, Michael Luca, & Daniel Martin, is here. Here's the abstract: This paper uses laboratory experiments to directly test a central prediction of disclosure theory: that […]

Gilden article on postmorten endorsements

Andrew Gilden of Willamette has written Endorsing After Death, 63 William & Mary Law Review (2022).Here's the abstract: An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become […]

Simkovic and Furth article proposes taxing contracts based on how much consumer attention they require to read and understand

Michael Simkovic of USC and Meirav Furth of UCLA have written Proportional Contracts, 107 Iowa Law Review, (2021). Here's the abstract: Contract law treats consumer attention as if it were unlimited. We instead view consumer attention as a scarce resource that must be conserved. We argue that consumer contracts generate negative externalities by overwhelming consumers with […]

Cox & Peterson Article: Public Compensation for Public Enforcement

Prentiss Cox of Minnesota and Christopher Lewis Peterson of Utah have written Public Compensation for Public Enforcement, 39 Yale Journal on Regulation (2022). Here's the abstract: Public enforcement actions frequently result in the distribution of money to people affected by violation of market protection laws. This “public compensation” returns billions of dollars to consumers, investors, and […]

McDonald & Rojc Survey Auto Financing Legal Developments

Kevin M. McDonald of VW Credit, Inc. and Washington University School of Law and Kenneth Rojc of Nisen & Elliott, LLC have written Auto Finance Regulators Not Falling Asleep at the Wheel., 76 BUS. LAW. 705 (2021). Here is the abstract: This is the annual survey of major legal and regulatory developments affecting the automobile […]

CFP: Global Forum for Financial Consumers

We received the following call for papers: The 2021 Global Forum for Financial Consumers (GFFC) Organized by International Academy of Financial Consumers (IAFICO) Call for Papers (1st) August 6th ~ 7th, 2021Format: Online & onsite webinarOnsite venue: Seoul National Univ., Seoul, KoreaTheme: Financial Consumer ProtectionLinking Theories & Evidences to Policy Practices The 2021 Global Forum for Financial […]