Category Archives: Consumer Law Scholarship

Jim Hawkins, et al. Paper on Title Lending

Vanderbilt Ph.D. student Kathryn Fritzdixon, Jim Hawkins of Houston, & Paige Marta Skiba of Vanderbilt have writtetn Dude, Where's My Car Title?: The Law, Behavior, and Economics of Title Lending Markets. Here's the abstract: Millions of credit-constrained borrowers turn to title loans to meet their liquidity needs. Legislatures and regulators have debated how to best […]

Debt Collection Study of Offer of Representation and Counseling

Dalie Jimenez of Connecticut, James Greiner of Harvard, Lois R. Lupica of Maine, & Rebecca L. Sandefur of the American Bar Foundationand Illinois have written Using a Randomized Control Trial to Accomplish Multiple Goals: An RCT Evaluating What Works for Individuals in Financial Distress, Investigating the Debt Collection System, Exploring Ways to Increase Access to […]

Porat & Strahilevitz Paper: Personalizing Default Rules and Disclosure with Big Data

Ariel Porat of Tel Aviv University and Chicago and Lior Strahilevitz of Chicago have written Personalizing Default Rules and Disclosure with Big Data.  Here's the abstract: This paper provides the first comprehensive account of personalized default rules and personalized disclosure in the law. Under a personalized approach to default rules, individuals are assigned default terms […]

Carolyn Dessin Paper: Arbitrability and Vulnerability

Carolyn Dessin of Akron has written Arbitrability and Vulnerability, 21 Temple Political & Civil Rights Law Review, 349 (2012).  Here's the abstract: Arbitration is cool. Everybody's doing it. In the eighty-five years since the passage of the Federal Arbitration Act, that seems to be the prevailing sentiment. Recent decades have seen the meteoric rise of […]

Derek Bambauer Paper on Privacy vs. Security

Derek E. Bambauer of Arizona has written Privacy Versus Security, forthcoming in the Journal of Criminal Law and Criminology.  Here is the abstract: Legal scholarship tends to conflate privacy and security. However, security and privacy can, and should, be treated as distinct concerns. Privacy discourse involves difficult normative decisions about competing claims to legitimate access […]

Mark Totten Paper on Credit Reform and State Attorneys General

Mark Totten of Michigan State has written Credit Reform and the States: The Vital Role of Attorneys General after Dodd-Frank. Here's the abstract: Congress employed multiple strategies in the wake of the Great Recession to provide greater protections for consumers in the financial marketplace. One strategy aimed at agency design and resulted in creation of […]

Study Finds Racial Discrimination in Google Searches

Latanya Sweeney, Professor of Government and Technology in Residence at Harvard University, has written Discrimination in Online Ad Delivery. Here's the abstract: A Google search for a person's name, such as “Trevon Jones”, may yield a personalized ad for public records about Trevon that may be neutral, such as “Looking for Trevon Jones? …”, or […]

Paper Finds Evidence of Mortgage Originators Steering Borrowers to Subprime Loans in 2000s

Sumit Agarwal of the National University of Singapore and Douglas D. Evanoff of the Chicago Fed have written Loan Product Steering in Mortgage Market.  Here's the abstract: Accusations of unscrupulous lender behavior — e.g., predatory lending — abounded during the housing boom of the 2000s. Such behavior is said to have generated significant social costs […]

Todd Zywicki on Network Branded Prepaid Cards

Todd J. Zywicki of George Mason has written The Economics and Regulation of Network Branded Prepaid Cards. Here is the abstract: General-purpose reloadable prepaid cards have been one of the fastest-growing sectors of the consumer payments marketplace in recent years. Their importance has accelerated as a consequence of new regulations enacted in the wake of […]

Paper on Add-ons to Consumer Products and Services and Behavioral Economics

Tom Baker of Penn and Peter Siegelman of Connecticut have written Protecting Consumers from Add-On Insurance Products: New Lessons for Insurance Regulation from Behavioral Economics. Here's the abstract: Persistently high profits on “insurance” for small value losses sold as an add-on to other products or services (such as extended warranties sold with consumer electronics, loss […]