Category Archives: Unfair & Deceptive Acts & Practices (UDAP), including Discrimination

Article Examines How Government Agencies Enforce UDAP Laws

Prentiss Cox of Minnesota, Amy Widman of Northern Illinois, and Mark Totten of Michigan State have written Strategies of Public UDAP Enforcement, Harvard Journal on Legislation, Forthcoming.  Here's the abstract: Laws protecting consumers from unfair and deceptive acts and practices – commonly called “UDAP” laws – have played a stunning role in recent years. As […]

House Bill Would Have Helped Wells Fargo Get Away With Its Scam: Make Wells Safe Again

by Jeff Sovern As we have discussed extensively, Wells Fargo opened millions of sham accounts in its customers' names. The CFPB responded by fining Wells $100 million.  But under Financial Services Chair Jeb Hensarling's proposed Financial Choice Act 2 bill, the CFPB would have been powerless to do anything about Wells's scam. That's because, according […]

Cooper & Shepherd Paper: Economic and Emprical Analysis of State Consumer Protection Acts

James C. Cooper of George Mason and Joanna Shepherd of Emory have written State Consumer Protection Acts: An Economic and Empirical Analysis.  Here's the abstract: Consumer protection acts (CPAs) developed with the goal to protect American consumers from fraudulent, deceptive and unfair business practices. Initially, Congress, through the FTC Act, sought to define and deter […]

Book Announcement: Duke’s Edward J. Balleisen: Fraud: An American History from Barnum to Madoff

More here.  Chapters that look as if they may be of particular interest to CL&P blog readers include The Enduring Dilemmas of Antifraud Regulation, The Shape-Shifting, Never-Changing World of Fraud, The Call for Investor and Consumer Protection (1930s to 1970s),  Moving toward Caveat Venditor,  Consumerism and the Reorientation of Antifraud Policy The Promise and Limits of […]

Joshua Wright: Federalism and the Rise of State Consumer Protection Laws

Former FTC Commissioner Joshua D. Wright of George Mason has written Federalism and the Rise of State Consumer Protection Law in the United States, in The Law and Economics of Federalism, Jonathan Klick, ed., Edward Elgar Publishing, Forthcoming. Here's the abstract: Starting in the 1960s, individual states began to adopt and enforce Consumer Protection Acts […]

Dee Pridgen’s Important Guest Post: Update on the ALI’s Proposed Restatement of Consumer Contracts: Will it Perpetuate a Legal Fiction?

ALI’s Proposed Restatement of Consumer Contracts – Perpetuating a Legal Fiction? By Dee Pridgen             The members of the American Law Institute (ALI) are currently working on what may ultimately become “The Restatement of Consumer Contracts.” This project could provide an opportunity for real law reform. Indeed, the original goals of the ALI include adapting […]

Study Shows Disclosures Can Boomerang and Produce Unintended Consequences

by Jeff Sovern Some years ago, I wrote an article in which I speculated that disclosing to consumers that consumers rarely redeem rebates might cause consumers to disregard rebate offers.  Better-known scholars, like Ian Ayres and Oren Bar-Gill, have expressed similar thoughts.  Well, a new study suggests that the contrary is true. Molly Mercer of DePaul's […]

Dennis Hirsch Paper on Big Data and the FTC’s Unfairness Authority

Dennis D. Hirsch of Capital has written That's Unfair! Or Is It? Big Data, Discrimination and the FTC's Unfairness Authority, 103 Kentucky Law Journal (2015). Here is the abstract: Big data and data analytics (“big data”) can produce many social and economic benefits.  But they can also generate privacy injuries and harmful discrimination.  The governance of […]