Simkovic and Furth article proposes taxing contracts based on how much consumer attention they require to read and understand

Michael Simkovic of USC and Meirav Furth of UCLA have written Proportional Contracts, 107 Iowa Law Review, (2021). Here's the abstract: Contract law treats consumer attention as if it were unlimited. We instead view consumer attention as a scarce resource that must be conserved. We argue that consumer contracts generate negative externalities by overwhelming consumers with […]

Cox & Peterson Article: Public Compensation for Public Enforcement

Prentiss Cox of Minnesota and Christopher Lewis Peterson of Utah have written Public Compensation for Public Enforcement, 39 Yale Journal on Regulation (2022). Here's the abstract: Public enforcement actions frequently result in the distribution of money to people affected by violation of market protection laws. This “public compensation” returns billions of dollars to consumers, investors, and […]

Guest Post: Courts will Require Airlines to Provide Refunds Instead of Vouchers For Covid Related Cancellations, if the Contract Permits Such an Interpretation

By Dash Radosti As consumer-related COVID-19 litigation continues, the courts are sending airlines an important reminder: vouchers are not the same as refunds. However, there is a catch – courts are limiting this holding to the plain text of the contract between flyers and carriers.  Two recent federal cases reiterated this principle: Ide v. British Airways […]

McDonald & Rojc Survey Auto Financing Legal Developments

Kevin M. McDonald of VW Credit, Inc. and Washington University School of Law and Kenneth Rojc of Nisen & Elliott, LLC have written Auto Finance Regulators Not Falling Asleep at the Wheel., 76 BUS. LAW. 705 (2021). Here is the abstract: This is the annual survey of major legal and regulatory developments affecting the automobile […]

Former CFPD-director Cordray going to the Department of Education

The U.S. Department of Education announced today that Richard Cordray will be its Chief Operating Officer of Federal Student Aid. Cordray is the former Director of the Consumer Financial Protection Bureau and the former Attorney General of Ohio. Federal Student Aid is responsible for managing the student financial assistance programs authorized under Title IV of […]

CFP: Global Forum for Financial Consumers

We received the following call for papers: The 2021 Global Forum for Financial Consumers (GFFC) Organized by International Academy of Financial Consumers (IAFICO) Call for Papers (1st) August 6th ~ 7th, 2021Format: Online & onsite webinarOnsite venue: Seoul National Univ., Seoul, KoreaTheme: Financial Consumer ProtectionLinking Theories & Evidences to Policy Practices The 2021 Global Forum for Financial […]

25 state attorneys general support rescinding “rent-a-bank” rule

In October 2020, the Office of the Comptroller of the Currency, one of the federal agencies that regulates banks, issued a rule that determines what national bank or federal savings association is considered the “true lender” in circumstances where a bank and a third party have a role in the loan. Many consumer advocates expressed […]

Craig Cowie article takes CFPB to task for not bringing COVID enforcement cases

Craig Cowie of Montana has written Is the CFPB Still on the Beat? The CFPB'S (Non)Response to the COVID-19 Pandemic, 82 Mont. L. Rev. 41 (2021). Here's the conclusion: More than ten months into a historic pandemic that has wreaked economic devastation, the CFPB—the primary Federal consumer financial protection regulator that was created in response […]