Mary L. Heen of Richmond has written Nondiscrimination in Insurance: The Next Chapter, 49 Georgia Law Review (2014-2015). Here is the abstract: For nearly 150 years, American insurance companies have engaged in race and gender pricing practices that would be illegal if followed today by any other major commercial enterprise. The insurance industry has defended its […]
Category Archives: Consumer Law Scholarship
Wenli Li of the Philadelphia Fed, Ishani Tewari of the Yale School of Management, and Michelle J. White of California, San Diego's Department of Economics and the National Bureau of Economic Research have written Using Bankruptcy to Reduce Foreclosures: Does Strip-Down of Mortgages Affect the Supply of Mortgage Credit? Here's the abstract: We assess the […]
Robert C. Hockett of Cornell has written 'We Don't Follow, We Lead': How New York City Will Save Mortgage Loans by Condemning Them, 124 Yale Law Journal Forum 131 (2014). Here is the abstract: This brief invited essay lays out in summary form the eminent domain plan for securitized underwater mortgage loans that the author […]
Here. An excerpt: Right now, the CFPB is finishing up the second phase of its study, which will hone in on consumers' understanding of arbitration clauses. At that point, it will decide whether it needs to act. If the bureau's findings are anything like those of the law school study, it must. Being stripped of our […]
Alan Schwartz of Yale has written Regulating for Rationality, Forthcoming in the Stanford Law Review. Here's the abstract: Traditional consumer protection law responds with various forms of disclosure to market imperfections that are the consequence of consumers being imperfectly informed or unsophisticated. This regulation assumes that consumers can rationally act on the information that it […]
Amy Schmitz of Colorado has written Females on the Fringe: Considering Gender in Payday Lending Policy, 89 Chicago-Kent Law Review (2014). Here's the abstract: Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a […]
by Jeff Sovern My coauthor, Paul Kirgis, has posted an excellent response to Alan S. Kaplinsky and Mark J. Levin's comments on the CFPB Monitor on our arbitration study. His response also has the virtue of being briefer than mine. While Paul's post is worth reading in full, here is my favorite part: Citizens cannot […]
by Jeff Sovern Alan S. Kaplinsky and Mark J. Levin, in their comments at the CFPB Monitor, wrote about the contract we showed the survey respondents: "The hypothetical card agreement used in the St. John’s study did not even contain an opt-out provision, although a substantial number of arbitration clauses in use today contain such […]