Category Archives: Consumer Law Scholarship

Richards on the Constitutionality of Data Privacy Law

Neil M. Richards of Wash U. has written Why Data Privacy Law Is (Mostly) Constitutional, forthcoming in his book, Intellectual Privacy, Oxford University Press (2014).  Here's the abstract: This essay argues that privacy critics arguing that most privacy rules create constitutional problems overstate their case.  Since the New Deal, American law has rested on the […]

Fairfield Paper on Do-Not-Track

Joshua Fairfield of Washington and Lee University has written Do-Not-Track as Default, 11 Northwestern Journal of Technology and intellectual Property (2013). Here's the abstract: Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between […]

Should consumers be allowed to sue creditors directly (without first notifying the credit bureau) when they refuse to provide accurate information?

Jeffrey Bils, a UCLA law student, has published Fighting Unfair Credit Reports: A Proposal to Give Consumers More Power to Enforce the Fair Credit Reporting Act, in the latest UCLA Law Review Discourse. Here's a summary: Credit reports play a central role in some of our most important transactions, such as buying a house or car, or […]

More From Linda Mullenix on the Supreme Court’s Arbitration Decisions

Linda Mullenix of Texas has written The Court's 2012 Class Act:  A Little Bit of This, a Little Bit of That, 40 Preview of U. S. Supreme Court Cases 328 (2013). Here's the abstract: Building on the Court’s heightened interest in class action litigation, the Court during the 2012-13 term issued an unprecedented six decisions […]

Sharkey Paper on Classwide Punitive Damages

Catherine M. Sharkey of NYU has written The Future of Classwide Punitive Damages, 46 University of Michigan Journal of Law Reform (2013).  Here is the abstract:   Conventional wisdom holds that the punitive damages class action is susceptible not only to doctrinal restraints imposed on class actions but also to constitutional due process limitations placed […]

Another Study Finds Credit CARD Act Saves Consumers Money

Sumit Agarwal of the National University of Singapore, Souphala Chomsisengphet of the Office of the Comptroller of the Currency, Neale Mahoney of Chicago's Booth School of Business and the National Bureau of Economic Research and Johannes Stroebel, an NYU finance professor have written Regulating Consumer Financial Products: Evidence from Credit Cards.  Here is the abstract: […]

Jennifer Martin Paper on Self-Help Repossession

Jennifer S. Martin of St. Thomas has written The Repo Man Did What? A Secured Creditor's Article 9 Right to Repossess Collateral and When Lenders Have Liability for Repossessions Gone Awry, 28-5 Commercial Damages Reporter 1 (2013). Here's the abstract:   This Article observes that there is not a clear consensus among courts in how […]

Article on Behavioral Economics and Consumer Credit

Ryan Bubb and Richard H. Pildes, both of NYU, have written How Behavioral Economics Trims Its Sails and Why, 127 Harvard Law Review (2014).  Here's the abstract: This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective […]

Study Finds Housing Discrimination Against Same-Sex Couples

Samantha Friedman of SUNY University at Albany and Angela Reynolds, Susan Scovill, Florence R. Brassier, Ron Campbell, and McKenzie Ballou, all of . Davis and Company, Inc. have written An Estimate of Housing Discrimination Against Same-Sex Couples.  Here's the abstract: This is the first large-scale, paired-testing study to assess housing discrimination against same-sex couples in […]

Study on Statutes Protecting Food Industry From Obesity-Related Health Claims

Cara L. Wilking of the Public Health Advocacy Institute and Richard A. Daynard of Northeastern have written Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits, Food and Drug Law Journal, Vol. 68, No. 3, pp. 229 -329, 2013.  Here is the abstract: Since 2004, 25 states have passed Commonsense Consumption Acts […]