Chris Jay Hoofnagle of Berkeley has written Assessing the Federal Trade Commission's Privacy Assessments, 14(2) IEEE Security & Privacy 58–64 (Mar/Apr. 2016). Here is the abstract: Consumer protection regulators worldwide share basic problems: the companies that regulators police are so powerful and rich that fines do not matter. Consider the French with their €150,000 fine […]
Category Archives: Consumer Law Scholarship
Oren Bar-Gill of Harvard and Kevin E. Davis of NYU have written (Mis)perceptions of Law in Consumer Markets. Here's the abstract: There are good reasons to believe that consumers’ behavior is sometimes influenced by systematic misperceptions of legal norms that govern product quality. Consumers might misperceive specific rules, such as those found in food safety […]
We have received the following Call for Papers: The three Consumer-Protection related committees of the ABA Antitrust Section (Consumer Protection, Privacy, and Advertising Disputes & Litigation Committees) are excited to announce a new initiative geared towards young lawyers and law students interested in the consumer protection and privacy fields – an opportunity to get published […]
Tess Wilkinson‐Ryan of Penn has written Contracts Without Terms. Here is the abstract: In consumer contracting, the ritual of documentation and provision of terms is essentially vestigial, at least as a form of deal-making communication between the parties. This paper starts with a thought experiment: what would it look like to have contracts but no […]
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 […]
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 […]