In the wake of the Supreme Court’s decision last year in Sorrell v. IMS Health, there’s been a lot of speculation about the extent to which previously accepted commercial speech regulation may now be subject to “heightened” or strict scrutiny under the First Amendment. Sensing an opportunity, lawyers who regularly represent consumer reporting agencies invoked […]
Category Archives: Credit Reporting
Lea Krivinskas Shepard of Loyola Chicago has written Toward a Stronger Financial History Antidiscrimination Norm, 53 Boston College Law Review (2012). Here's the abstract: This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants’ credit reports and financial histories in the hiring […]
by Jeff Sovern Burrell v. DFS Services, LLC, 753 F.Supp.2d 438 (D.N.J. 2010) is a couple years old now but we haven't blogged about it before and the problem it describes has not been fixed so it still merits atttention. Burrell was victimized by an identity thief and complained about it to the creditors rather […]
Here. It might serve for a series of slides for those teaching consumer law.
Adi Osovsky, a Harvard SJD candidate, has written The Misconception of the Consumer as a Homo Economicus: A Behavioral Economic Approach to Consumer Protection in the Credit Reporting System, forthcoming in the Suffolk University Law Review. Here's the abstract: The significant increase in the number of consumer transactions, along with the expansion of information technology, […]