Category Archives: Consumer Law Scholarship

Elizabeth Renuart Paper on Foreclosure

Elizabeth Renuart of Albany has written Uneasy Intersections: The Right to Foreclose and the UCC, forthcoming in 48 Wake Forest law Review.  Here's the abstract: Historically, the practice of real property and foreclosure law was routine and noncontroversial. This legal landscape significantly altered during the spectacular growth of securitization deals involving trillions of dollars of […]

Rutledge & Drahozal Paper on the Prevalence of Arbitration Clauses After Concepcion and Amex

Peter B. Rutledge of Georgia and Christopher R. Drahozal of Kansas have written 'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex. Here's the abstract: We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the […]

David Skeel Paper on Behavioral Economics and the CFPB

David A. Skeel Jr. of NYU, Penn, and the European Corporate Governance Institute has written Behavioralism in Finance and Securities Law.  Here is the abstracgt: In this Essay, I take stock (as something of an outsider) of the behavioral economics movement, focusing in particular on its interaction with traditional cost-benefit analysis and its implications for […]

Paper on Behavioral Economics and Consent to Tracking Internet Use

Frederik J. Zuiderveen Borgesius of the Institute for Information Law (University of Amsterdam) has written Consent to Behavioural Targeting in European Law – What are the Policy Implications of Insights from Behavioural Economics?  Here is the abstract: Behavioural targeting is the monitoring of people’s online behaviour to target advertisements to specific individuals. European law requires […]

Paper Comparing Foreclosure Procedures and the Number of Mortgage Originations

Quinn Curtis of Virginia has written State Foreclosure Laws and Mortgage Origination in the Subprime Market, forthcoming in the Journal of Real Estate Finance and Economics. Here's the abstract: Foreclosure procedures in some states are considerably swifter and less costly for lenders than in others. In light of the foreclosure crisis, an empirical understanding of […]

Paper Explains and Critiques the Account Stated Cause of Action

International & Comparative Law Fellow Emanwel J. Turnbull at Maryland has written Account Stated Resurrected: The Fiction of Implied Assent in Consumer Debt Collection.  Here's the abstract: When are modern American consumers like 17th century merchants? The answer is “now”. Often, in collection lawsuits, creditors allege that consumers in debt are liable for an “account […]

Ian Ayres et al. Analyze CFPB Consumer Complaints

Ian Ayres of Yale, together with  Jeff Lingwall and Sonia Steinway, have written Skeletons in the Database:  An Early Analysis of the CFPB's Consumer Complaints.  Here's the abstract: Analyzing a new data set of 110,000 consumer complaints lodged with the Consumer Financial Protection Bureau, we find that (i) Bank of America, Citibank, and PNC Bank […]

Terrific Craswell Paper on Disclosures

by Jeff Sovern I just read a terrific article by Richard Craswell of Stanford, Static Versus Dynamic Disclosures, and How Not to Judge Their Success or Failure, 88 Washington Law Review 333 (2013). Here's the abstract: Disclosure laws can serve many different purposes. This Article is the first to distinguish two of those purposes, which […]

Susan Block-Lieb Paper on Accountability and the CFPB

Though the confirmation of CFPB Director Cordray mutes the issue of CFPB accountabilty, it does not moot it.  Those who remain interested in the issue may wish to consult Susan Block-Lieb of Fordham's paper, Accountability and the Bureau of Consumer Financial Protection, 7 Brooklyn Journal of Corporate, Financial & Commercial Law (2013).  Here's the abstract: […]

Amy Schmitz Paper on Cramming

Amy Schmitz of Colorado has written Ensuring Remedies to Cure Cramming, 14 Cardozo J. of Conflict Resolution 877 (2013).  Here's the abstract: The unauthorized addition of third party charges to telecommunications bills ("cramming") is a growing problem that has caught the attention of federal regulators and state attorney generals.  This Article therefore discusses the problems […]