by Jeff Sovern If I had known about this study a few days ago, I would have added it to my list for John Oliver. The study is Jonathan A. Obar & Anne Oeldorf-Hirsch, The Biggest Lie on the Internet: Ignoring the Privacy Policies and Terms of Service Policies of Social Networking Services (2016). The […]
David S. Schwartz of Wisconsin has written Justice Scalia's Jiggery-Pokery in Federal Arbitration Law, Minnesota Law Review, Vol. 101, Headnotes 75 (2016). Here's the abstract: "Jiggery-pokery," a phrase introduced into the U.S. Reports by the late Justice Scalia, is emblematic of Justice Scalia's style — both his lively writing style and his penchant for criticizing his […]
California's Attorney General announced on Friday a settlement agreement with K12 Inc., a for-profit online charter school operator, and the 14 affiliated non-profit schools known as the California Virtual Academies (“CAVA Schools”) that it manages, over alleged violations of California’s false claims, false advertising and unfair competition laws. As part of the settlement, which is […]
The Wall Street Journal reports: Democrats Mark Warner of Virginia and Chuck Schumer of New York plan to send a letter to the Federal Trade Commission [today] asking the regulatory body to examine the persistent challenge of fraudulent ads in online advertising. For the past several years, as the buying and selling of digital advertising […]
This weekend, the Times ran a pair of pieces that laid out other ways to handle student loans. In America Can Fix Its Student Loan Crisis. Just Ask Australia, Susan Dynarski wrote about how other countries deal with student loans. Here's an excerpt: [T]here is no student debt crisis in Sweden, because payments are spread out […]
by Jeff Sovern As I listen to more of the Chain of Title audiobook, I am struck by how the acts of the robo-signers resemble those of consumers faced with disclosures. Like the consumers, the robo-signers signed the documents without reading them, trusting that the documents presented for their signature were what they should be. […]
Dear Mr Oliver: Your show, Last Week Tonight, has had several entertaining segments on consumer law issues, including debt buyers, credit reports, and student loans. But you're missing out on a consumer law subject that can be quite entertaining (unfortunately), even without your special touch. I refer to consumer disclosures. Some of the aspects of […]
by Jeff Sovern Yesterday the House passed the financial services appropriations bill. Here is how the Appropriations Committee describes the bill's provisions pertaining to the CFPB: The bill includes a provision to increase oversight over the CFPB by bringing funding for the agency under the annual congressional appropriations process, instead of direct funding from the […]
Harvard Law S.J.D. candidate and John M. Olin Fellow Meirav Furth-Matzkin has written On the Surprising Use of Unenforceable Contract Terms: Evidence from the Residential Rental Market. Here is the abstract: This paper explores the prevalence of unenforceable terms in consumer contracts. Taking the residential rental market in the Greater Boston Area as a test […]