Duranske Article on Regulation Health and Wellness Claims

Sarah Duranske of Stanford has written This Article Makes You Smarter (Or, Regulating Health and Wellness Claims), Forthcoming in the American Journal of Law and Medicine. Here is the abstract: Information has power – to inspire, to transform, and to harm. Recent technological advancements have enabled the creation of products that offer consumers direct access […]

Times: No, Your Phone Didn’t Ring. So Why Voice Mail From a Telemarketer?

Here. Excerpt: [C]alls are quietly deposited through a back door, directly into a voice mail box — to the surprise and (presumably) irritation of the recipient, who cannot do anything to block them. Regulators are considering whether to ban these messages. They have been hearing from ringless voice mail providers and pro-business groups, which argue […]

Bair Article: Dynamic Rationality

Stephanie Plamondon Bair of Brigham Young has written Dynamic Rationality, Forthcoming in the Ohio State Law Journal.  Here is the abstract: In 1998, Christine Jolls, Cass Sunstein, and Richard Thaler published A Behavioral Approach to Law and Economics, one of the most important pieces of scholarship in decades. Their Article famously proposes a departure from […]

Bloomberg’s Perry Cooper’s Thorough Report on the Status of Various Arbitration Rules

Here.  Excerpt on the CFPB's proposed arbitration reg: [Ballard Spahr's] Alan S. Kaplinsky told Bloomberg BNA that “it would be bordering on reckless” for CFPB Director Richard Cordray to finalize the rule because of the risk it will be overturned under the [Congressional Review Act].* * * Congressional Republicans will be in lock step against […]

AFR: Sham Poll Tells Lobbyists What They Want to Hear

The Consumer Bankers Association has been touting a poll it commissioned from Morning Consult finding, as the CBA headline put it: Most Votes in Key Battleground States Support Structural Reforms to CFPB. Or, to put it another way, most voters when asked if they prefer a single director or a bipartisan commission, prefer the bipartisan […]

James Kwak on Economism and Arbitration Clauses

Here.  Excerpt: It’s unlikely that anyone actually believes that consumers understand arbitration clauses and take them into account when making buying choices. These arguments aren’t meant to be taken seriously. They are air cover for banking executives who like taking advantage of customers and politicians who want to do favors for the financial lobby. That’s the […]

Massachusetts obtains judgment voiding hundreds of illegal loans to consumers in case against online auto title lender

Hundreds of illegal loans made to Massachusetts consumers by an unlicensed online auto title lender are now void pursuant to a judgment announced today by the Massachusetts Attorney General's office. The company has also been permanently barred from operating in Massachusetts, and liens they placed on vehicles have been dissolved with new titles issued to […]