When is an arbitration clause less unreadable? When it’s a hash-it-out clause

by Jeff Sovern According to standard readability measures, arbitration clauses require a lot of education to understand. The CFPB arbitration study reported that the average arbitration clause was written at a level that required more than two years of college to grasp. A study that I co-authored found that consumers didn't understand arbitration clauses at […]

Matt Edwards article on mortgage fraud

Matthew A. Edwards of Baruch has written The Concept and Federal Crime of Mortgage Fraud, 57 American Criminal Law Review (2020). Here is the abstract: The impact of mortgage fraud on the United States financial and economic system during the past twenty years has been severe and enduring. Nothing illustrates this fact better than the […]

JPMorgan Chase raising standards for giving mortgages

by Jeff Sovern So Reuters reports here. According to the report, "customers applying for a new mortgage will need a credit score of at least 700, and will be required to make a down payment equal to 20% of the home’s value." One implication is that JPMorgan Chase at least suspects that traditional credit scores […]

Settlement in suit over student-loan relief program

The Washington Post reports: "The U.S. Education Department is promising to process student loan forgiveness claims for nearly 170,000 borrowers within 18 months as part of a proposed settlement announced Friday in a federal lawsuit. The suit alleges that Education Secretary Betsy DeVos illegally stalled a program known as borrower defense to repayment, which promises […]

Some comments on our American Prospect essay about having the government pay consumers’ credit card interest

by Norman I . Silber and Jeff Sovern The American Prospect recently published a short essay we wrote suggesting that the federal government pick up the tab for part of consumers’ credit card interest rate payments while the coronavirus rages.  Some very knowledgeable consumer law experts have generously taken the time to give us their […]

Kamala Harris proposes suspension of credit card interest, fees, penalties

by Jeff Sovern Here in Medium. This is different from Norm Silber's and my proposal in The American Prospect to have the government pick up some of the interest payments. I'm not sure from the piece whether Harris is urging credit card issuers to do this voluntarily or is calling for legislation. If the latter, […]

Looks like companies don’t like arbitration so much when consumers actually use it

by Jeff Sovern That's the inference to be drawn from a must-read article in the NY Times, ‘Scared to Death’ by Arbitration: Companies Drowning in Their Own System. The article points out that arbitrations are taking longer than billed, and companies are refusing to pay arbitration fees. AN ADDITIONAL NOTE: As Allison noted in an […]

Placing Consumers at the Forefront of Relief Efforts

in The American Prospect, my latest op-ed, with Norm Silber. Excerpt: For the next stimulus package, rather than sending tens of millions of checks to consumers, Congress would do better to strike at the economic crisis by using the existing lending mechanism, right in front of us, that more than three-quarters of us already possess: credit […]