The CFPB and regulation of the “fringe” economy

Christopher Odinet has written Payday Lenders, Vehicle Title Loans, and Small-Value Financing: The CFPB's Proposal to Regulate the Fringe Economy. Here is the abstract: The market for payday lenders, businesses that provide vehicle title loans, and other small-value financing players is rife with controversy. Some see them as predatory lenders that weave a web of […]

FDA to use patient-generated reports to evaluate drug safety

The Washington Post reports today: [I]n an effort to get a fuller understanding of side effects of certain medicines, the FDA is partnering with a networking forum called PatientsLikeMe, which allows people with the same disease or condition to connect with others and share their experiences. The site, among the largest of its kind, has more than 350,000 […]

NYT editorial on abusive car loans

A New York Times editorial yesterday encouraged that the Consumer Financial Protection Bureau use its enforcement powers to put an end to abusive car loans. The editorial begins: Auto loans have long been a bastion of predatory lending and racial discrimination. Until the federal Consumer Financial Protection Bureau was established, auto lending by banks was […]

Empirical Study of Arbitration and Repeat Player Effect

David Horton and Andrea Cann Chandrasekher both of California, Davis, have written After the Revolution: An Empirical Study of Consumer Arbitration, 104 Georgetown Law Journal (Forthcoming 2015). Here's the abstract: For decades, mandatory consumer arbitration has been ground zero in the war between the business community and the plaintiffs’ bar.  Some courts, scholars, and interest […]

Woodward on “Contraps”

William J. Woodward Jr.of Santa Clara has written Contraps, 66 Hastings Law Journal (2015). Here is the abstract: Forms that purport to govern consumer transactions are a central component of our modern consumer economy. They are routinely enforced because consumers are said to “manifest assent” to them, despite the fact that they are not read […]

Do Opt-Out Clauses Save Arbitration Agreements from Being Unconscionable?

by Jeff Sovern In Mohamed v. Uber, the federal district court for the Northern District of California said no.  Opt-out clauses appear in contracts and give the contracting parties the right to opt-out of arbitration to resolve disputes within a certain period of time after entering into the contract, often thirty or sixty days (which […]