A Year After the Equifax Breach, Little Has Changed

by Jeff Sovern Remember all the posturing in the congressional hearings and elsewhere after the Equifax breach that affected more than 140 million consumers?  But a year later, little has changed, at least in Washington (litigation is still pending).  Wouldn't it be nice if the members of Congress who expressed outrage actually did something to […]

Exciting CFP: Berkeley Consumer Law Scholars Conference

We have received the following call for papers appearing below. This one looks especially exciting for consumer law scholars: it's at an elite law school and has an impressive roster of organizers.  The Berkeley Center for Consumer Law and Economic Justice, its director Ted Mermin, and co-organizers Abbye Atkinson, Kathleen Engel, Rory Van Loo, and […]

Should there be a discovery tax (mainly but not exclusively) on plaintiffs?

In a new article, The Discovery Tax, law prof Brian Fitzpatrick proposes a litigation discovery tax. Generally, the scheme would impose more tax on consumer, civil-rights, and other plaintiffs (because plaintiffs tend to have more to discover from defendants than the other way around). Here is the abstract: The American civil discovery regime is what […]

CFPB to Settle Auto Finance Claims Against Santander

Reuters is reporting that the CFPB and Santander have reached a settlement regarding allegations that the auto finance lender misled borrowers about the cost of auto loans and related GAP insurance policies. According to the story, Santander has “agreed to pay a fine and strengthen its consumer protections,” but the size of the fine is […]

Three editorials

The Washington Post, addressing the current work of the CFPB and the Department of Education, had editorials yesterday and today pertinent to student loans and higher education: Read "The Trump administration’s scandalous handling of student loans," here. Read "How Betsy DeVos could trigger another financial meltdown," here. The New York Times, addressing proposed changes by […]

Paper on Poor Consumers, High-Cost Credit, and Payday Loans

Shmuel I. Becher of Victoria University of Wellington, Yuval Feldman of Bar-Ilan University and Orly Lobel of San Diego have written Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans in Legal Applications of Marketing Theory, Jacob Gersen & Joel Steckel, eds., Cambridge University Press (2019, Forthcoming). Here's the abstract: Consumers in general, and […]

Severance and the Federal Arbitration Act

That's the topic of A New Legal Framework for Employee and Consumer Arbitration Agreements by law prof Imre Szalai. Here's the abstract: If an arbitration clause in an employment or consumer agreement contains a harsh term, such as an abbreviated statute of limitations or a provision requiring arbitration in a distant location, judges will sometimes sever the […]