by Jeff Sovern I've gradually been making my way through Chris Hoofnagle's new book, Federal Trade Commission Privacy Law and Policy (more about that below). For those who want to sample the book before ordering it, Chris has posted the Introduction and an excerpt to SSRN here. The book opens with an interesting history of […]
Category Archives: Consumer Law Scholarship
D. Bruce Johnsen of George Mason has written A Closer Look at Payment Cards. Here is the abstract: This essay takes a closer look at the U.S. payment card system, primarily debit cards. I examine the bundle of transactional services this and other types of payment cards provide. My goal, in large part, is to […]
Frank A. Pasquale III of Maryland has written Democratizing Higher Education: Defending and Extending Income-Based Repayment Programs, Loyola Consumer Law Review (Forthcoming). Here is the abstract: This article addresses many critiques of income-based repayment programs for student loan debt. These programs are not helping many of the students they were designed to aid. Their terms […]
David Adam Friedman of Willamette has written Refining Advertising Regulation. Here's the abstract: Why did the Federal Trade Commission (FTC) aggressively pursue Volkswagen’s claims about “clean-diesel” technology, while ignoring widespread practices like deceptive discount pricing? Why did the FTC offer formal guidance to industry about “native advertising,” but only casual guidance to consumers about widely-used, […]
Brigitta Lurger of Graz and four co-authors have written Consumer Decisions Under High Information Load: How Can Legal Rules Improve Search Behavior and Decision Quality?. Here's the abstract: EU consumer protection legislation is designed to enable consumers to make "good" contract decisions in the market place. This legislation heavily relies on the model of rational […]
Danielle Keats Citron of Maryland, Yale and Stanford has written Privacy Enforcement Pioneers: The Role of State Attorneys General in the Development of Privacy Law, Forthcoming in the Notre Dame Law Review, Here's the abstract: Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory […]
Natali Helberger of the University of Amsterdam – Institute for Information Law has written Profiling and Targeting Consumers in the Internet of Things – A New Challenge for Consumer Law. Here is the abstract: What does the shift from buying ‘things’ to buying ‘smart things’ imlies for consumers and consumer protection law and policy? The […]
Raymond H. Brescia of Albany has written Regulating the Sharing Economy: New and Old Insights into an Oversight Regime for the Peer-to-Peer Economy, 95 Nebraska Law Review 2016 (Forthcoming). Here is the abstract: The significant expansion of new, peer-to-peer businesses, supercharged by the internet and mobile technologies, has led to an exploration of the proper […]
David A. Hoffman of Temple has written From Promise to Form: How Contracting Online Changes Consumers. Here is the abstract: I hypothesize that different experiences with online contracting have led some consumers to see contracts — both online and offline — in distinctive ways. Experimenting on a large, nationally representative, sample, this paper provides evidence […]
John Y. Campbell of Harvard's Department of Economics has written Restoring Rational Choice: The Challenge of Consumer Financial Regulation. Here is the abstract: This lecture considers the case for consumer financial regulation in an environment where many households lack the knowledge to manage their financial affairs effectively. The lecture argues that financial ignorance is pervasive […]