Category Archives: Consumer Law Scholarship

Zimmerman article on appeals courts hearing class actions

Adam S. Zimmerman of Loyola of Los Angeles has written The Class Appeal, 89 University of Chicago Law Review (Forthcoming 2022). Here's the abstract: For a wide variety of claims against the government, the federal courthouse doors are closed to all but those brought by powerful, organized interests. This is because hundreds of laws—colloquially known […]

Vijay Raghavan article on Consumer Law’s Equity Gap

Vijay Raghavan of Brooklyn has written Consumer Law's Equity Gap, Utah Law Review (forthcoming 2022). Here is the abstract: This article is about the views that shape and constrain the development of consumer law. Consider the market for short-term, high-cost loans. Policymakers tend to justify intervening in these markets on inefficiency grounds (consumers exhibit present bias) […]

Revised version of Six Scandals article available

by Jeff Sovern I have revised my article, Six Scandals: Why We Need Consumer Protection Laws Instead of Just Markets, to take into account the many helpful comments I received at the Berkeley Consumer Law Scholars Conference.  Here is the updated abstract: Markets are powerful mechanisms for serving consumers. Some critics of regulation have suggested […]

New study confirms that few consumers complain to government agencies about consumer fraud

Keith B. Anderson of the Federal Trade Commission – Bureau of Economics has written To Whom Do Victims of Mass-Market Consumer Fraud Complain?. Here is the abstract: Utilizing data from surveys of mass-market consumer fraud sponsored by the Federal Trade Commission in 2005, 2011, and 2017, this paper explores whether victims of such mass-market consumer frauds […]

Kreiczer-Levy article on the duties of online marketplaces

Shelly Kreiczer-Levy of Ramat Gan College of Law & Business; Global Affiliated Faculty, The Vulnerability and Human Condition Program, Emory Law School has written The Duties of Online Marketplaces 58 San Diego Law Review (2021). Here's the abstract: Is Amazon a seller for the purpose of product liability law? Is it obligated to stop price gouging by […]

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 […]