Erik Durbin and Charles J. Romeo, both of the Consumer Financial Protection Bureau, have written The Economics of Debt Collection, with Attention to the Issue of Salience of Collections at the Time Credit Is Granted, 16 Journal of Credit Risk (2020). Here is the abstract: This paper considers the role of policies that protect consumers from […]
Category Archives: Consumer Law Scholarship
by Jeff Sovern My new article is now up on SSRN: Six Scandals: Why We Need Consumer Protection Laws Instead of Just Markets. Here' is the abstract: Markets are powerful mechanisms for serving consumers. Some critics of regulation have suggested that markets also provide consumer protection: for example, Nobel Prize-winning economist Milton Friedman said “Consumers […]
Yonathan A. Arbel of Alabama and Shmuel I. Becher of Victoria University of Wellington have written Contracts in the Age of Smart Readers. Here's the abstract: What does it mean to have machines that can read, explain, and evaluate contracts? Recent advances in machine learning have led to a fundamental breakthrough in machine language models, auguring […]
Shmuel I. Becher of Victoria University of Wellington, Yuval Feldman of Bar-Ilan University, and Meirav Furth of UCLA have written Seductive Oral Deals. Here's the abstract: Legal scholars have devoted considerable attention to contractual design that exploits consumers’ vulnerabilities (“the paper deal”). For example, scholars have cautioned against the inclusion of one-sided, exploitative, or unenforceable […]
Claudia Polsky of Berkeley and Megan Schwarzman of Berkeley's School of Public Health have written The Hidden Success of a Conspicuous Law: Proposition 65 and the Reduction of Toxic Chemical Exposures, 47 Ecology Law Quarterly, (Forthcoming 2021). Here is the abstract: Newcomers to California could be forgiven for thinking they have crossed into treacherous terrain. By virtue […]
Shmuel I. Becher of Victoria University of Wellington and Anne-Lise Sibony of UCLouvain; TILEC have written In Search of a Lasting Lightbulb Moment: The Law and Policy of Product Obsolescence. Here's the abstract: Firms frequently employ various strategies that make products obsolete after a relatively short time or limited usage (“product obsolescence”). Early product obsolescence harms […]
David Berman has written A Critique of Consumer Advocacy Against the Restatement of the Law of Consumer Contracts, 54 Columbia Journal of Law & Social Problems. Here is the abstract: In May 2019, the American Law Institute proposed adopting a Restatement of the Law of Consumer Contracts. In it, the Restatement’s Reporters suggested a “grand […]
My colleague, Sheldon Evans of St. John's, has written Pandora's Loot Box. Here's the abstract: Virtual worlds are a frontier unlike any other. But as virtual worlds grow exponentially in the internet age, they find more overlap with the real world and the laws that govern it. One such emerging intersection is the advent of […]
Dee Pridgen of Wyoming has written ALI's Restatement of the Law of Consumer Contracts: Perpetuating a Legal Fiction? 32 Loyola Consumer Law Review No. 3, (2020). Here's the abstract: The American Law Institute’s proposed Restatement of the Law of Consumer Contracts has undergone a lengthy process of drafts and discussions, but the road to completion has […]
Uri Benoliel of Ramat Gan Law School and Shmuel I. Becher of Victoria University of Wellington have written Termination Without Explanation Contracts. Here is the abstract: Firms routinely terminate their contractual relationship with consumers. During 2019-2020, for example, Facebook terminated 5.4 billion accounts that were supposedly fake; WhatsApp announced that it is terminating 2 million […]