We've posted before on the subject of contract formation in the digital age (see here, for instance). A key question is: what online terms can a consumer be held to if she hasn't read them? The answer depends on how prominent the terms were, whether the consumer had to indicate assent, and whether a reasonable […]
What happens when consumers only have one choice for a cable company? Well, judging by reports on Reddit and Gawker, the answer is bad service and bogus fees. If these practices (particularly the bogus "unreturned equipment fees") are widespread, I wonder if this is something a large class action firm ought to look into (or […]
The federal Fair Debt Collection Practices Act provides a host of protections against harassment and abuse by debt collectors. One provision permits the debtor to dispute the debt, a step that requires the debt collector to verify the debt before continuing collection activities. Another provision prohibits the collection of debts using false or misleading representations […]
by Jeff Sovern You know those bulletin boards you used to see at some doctors' offices with snapshots of babies they had either treated or delivered? Well, last week, the Times ran an article, Baby Pictures at the Doctor’s? Cute, Sure, but Illegal about how display of the photos where patients and others could see them […]
Ron Elwood has written The Verdict Is in: Payday Lending Is Guilty as Charged, Clearinghouse Review: the Journal of Poverty Law & Policy. Here's the abstract: The payday loan is symptomatic of the failure to provide access to reasonably priced credit. By understanding the fallacies in the arguments used to justify payday loans, advocates can […]
A few weeks ago, we flagged a Post/ProPublica investigative report about a retail chain that takes advantage of servicemembers' transience to trap them in a cycle of debt. Now, as The Hill reports, the CFPB has moved against the retailer, USA Discounters, fining the chain approximately $400,000 (consisting of $350,000 in restitution and a $50,000 […]
I have been asked to post a reminder that if want a chance to present your paper on consumer law at the Association of American Law Schools 2015 annual meeting in January, you must submit it by tomorrow. Here ya go: AALS Section on Commercial and Related Consumer Law Call for Papers Emerging Scholars in […]
Kevin M. McDonald of VW Credit, Inc. and Kenneth J. Rojc of Nisen & Elliott, LLC have written Automotive Finance: Shifting into Regulatory Overdrive, 69 Bus. Law. 599 (2014). Here is the abstract: As part of the Annual Survey of the American Bar Association Section on Business Law, this article examines the impact of the […]
That's the topic of Future Claimants and the Quest for Global Peace, a new article by prolific law prof Rhonda Wasserman. Here's the abstract: In the mass tort context, the defendant typically seeks to resolve all of the claims against it in one fell swoop. But the defendant’s interest in global peace is often unattainable […]