Law Commons^™

Brave New Agency: The Ftc’S Expanded Powers In The Eleventh Circuit, Griffin D. Green

Mercer Law Review

In Aldous Huxley’s seminal novel “Brave New World,” a futuristic society grapples with the consequences of technological advancements and the ethical dilemmas they pose. The Federal Trade Commission (FTC) finds itself in a “Brave New World” of its own, particularly in the Eleventh Circuit. The case FTC v. Simple Health Plans, LLC is a potential watershed moment, redefining the scope and authority of the FTC to impose equitable damages. It serves as a pivotal juncture, not just for the agency, but also for consumer protection laws, monopolistic businesses, and what remedies courts may provide. The decision potentially leads to harsher …

You’Ve Got Mail: How The Eleventh Circuit Will Now Allow Debt-Collectors To Collect Time-Barred Debts, Alejandro Guarin

Mercer Law Review

Lending, borrowing, and collecting money is one of the most essential aspects of a capitalist society. Lenders often take risks when lending money to borrowers under the known risk that the lenders may not get their money back. As such, it should come to no surprise that, at times, borrowers may not pay the money they have borrowed. Consequently, debt-collectors’ practices in the United States, at one point in time, became abusive, which led to the passing of the Fair Debt Collection Practices Act (“FDCPA”) in 1977. The FDCPA serves as a shield of protection from abusive practices from debt-collectors. …

No Shirt, No Shoes, No Mask, No Entry, And (Hopefully) No Lawsuits Under The Georgia Covid-19 Business Safety Act!, Franklin Schrum

Mercer Law Review

The COVID-19 Pandemic continues to send shockwaves throughout the United States and all other nations by impacting much more than just the way we live and go about our normal day. Today, in most states, it is considered a common norm to see someone wearing a mask, frequently using sanitizer, or even stocking up on an abnormal amount of household items like toilet paper. Globally, over a million lives have been lost, businesses have become bankrupt, and the economy initially fallen substantially due to the Pandemic. Prominent retailers such as Brooks Brothers, J. Crew, and JCPenney have all filed for …

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd

Articles

Fintech is a reality of our modern society, and will likely become even more so in the future. Peer-to-peer lending, cybercurrencies, smart contracts, algorithmic lending, and more, have required adaptation by consumers and producers of financial services. Our modes of doing business will continue to be challenged and changed by these and other Fintech innovations, almost certainly expanding beyond merely “promot[ing] financial inclusion, expand[ing] access to capital for individuals and small businesses, and more broadly reshap[ing] how society interacts with financial services.” By reducing transaction costs, advancing technology opens the doors to innovations the likes of which we might not …

Timber! The Sec Falls Hard As The Georgia District Court In Timbervest Finds The Appointment Of The Sec Aljs "Likely Unconstitutional", Moses M. Tincher

Mercer Law Review

The higher you go, the harder you fall. This simple, yet powerful, adage could not be more apt regarding the recent rise and fall in power of the United States Securities and Exchange Commission (SEC). The rise began in 2010 when Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), giving the SEC new power over its administrative proceedings. Using this new power, the SEC brought more insider-trading and highly contested cases before specially hired administrative law judges (ALJs), who conduct these administrative proceedings. This "home-court" advantage corresponded with the SEC's enforcement division enjoying an 86%, …

Down The Rabbit Hole: Crawford V. Lvnv Funding, Llc Upends The Role Of The Fair Debt Collection Practices Act In Consumer Bankruptcy, Brittany M. Dant

Mercer Law Review

For decades courts have faced the issue of whether the Fair Debt Collection Practices Act (the FDCPA) applies to filing proofs of claims in consumer bankruptcy cases. Courts have historically been cautious of applying the FDCPA in the realm that the Bankruptcy Code covers. As such, the majority of courts faced with this question found the answer to be a resounding "no." However, in Crawford v. LVNV Funding, LLC, the United States Court of Appeals for the Eleventh Circuit turned the tide when it held that the filing of a proof of claim on a timebarred debt in Chapter …

The Characteristics Of Markets That Facilitate Consumer Exploitation, Joel Stonedale

Mercer Law Review

Behavioral economists have offered plentiful evidence that consumers sometimes deviate from rational economic decision-making in predictable ways due to cognitive biases. The effect of the biases, however, varies greatly across markets. Scholars have identified several markets as particularly exploitative, including the markets for subprime mortgages, credit cards, cell phone services, video rentals, and retail rebates What separates these markets from the markets for thousands of other complex products, such as computers and cars, in which consumers appear able to understand their preferences and the product well enough to drive the market toward efficiency? This Article addresses the problem with consumer …

Whistle While You Work: The Fairytale-Like Whistleblower Provisions Of The Dodd-Frank Act And The Emergence Of "Greedy," The Eighth Dwarf, Lucienne M. Hartmann

Mercer Law Review

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) is arguably the most sweeping and significant expansion of financial regulatory reform since the Great Depression. The Act, stimulated by Congress's perceived failures of government banking regulations, is intended to promote financial stability in the United States. Amidst the Act's thousands of pages are a handful of sections that significantly enhance the awards and protections available to whistleblowers. Among other things, the Dodd-Frank Act's whistle-blower bounty provisions and protections gives a hefty award to whistleblowers, strengthens and expands the whistleblower protections of the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley), creates …

Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks

Mercer Law Review

In 1990 the National Conference of Commissioners on Uniform State Laws and the American Law Institute approved comprehensive changes to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C."). These changes will greatly impact consumer transactions and alter the relationship between banks and their customers. As of December 1994, thirty-six states had adopted the revised Articles. While most states adopted them as written, some have made changes which provide the consumer with greater protection. The Georgia General Assembly will soon address the issue of whether to adopt the new Articles. At issue is whether the revisions warrant added consumer …

Major Problems With Article 2a: Unfairness, "Cutting Off" Consumer Defenses, Unfiled Interests, And Uneven Adoption, Donald B. King

Mercer Law Review

Article 2A on leases represents a major addition to the Uniform Commercial Code ("U.C.C."). Proposed for adoption throughout the United States, some states have already adopted the article. Because of the provision's impact, we must view it carefully and correct major flaws.

In the past, courts dealt with the field of leasing through analogy to principles of sales law. However, this treatment lead to the uneven application of the law, and a new codified law on leases is certainly desirable. For their hard work and initiative, the drafters of Article 2A deserve praise; however, they are not above criticism. The …

The Revision Of U.C.C. Articles Three And Four: A Process Which Excluded Consumer Protection Requires Federal Action, Mark E. Budnitz

Mercer Law Review

The 1990 official revision to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") represents a major failure in process. A crying need exists for a comprehensive national reevaluation of the law of payment systems as it affects all consumers. Instead, the sponsors of the revisions, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, chose to exclude entirely issues of concern to consumers. The failure of process, however, goes beyond this omission. Recent developments in the provision of government benefits to those without bank accounts raise the question whether the uniform state laws …

Can Georgia Bank On Its Garnishment Laws?*, Richard B. Badgley, Michael F. Swick

Mercer Law Review

Since the late sixties the field of creditors' remedies has undergone a series of changes brought about by several U.S. Supreme Court decisions. Old concepts of protection for the creditor have been changed or modified to recognize procedural due process rights of the debtor. While it is easy to say that there have been changes, it is becoming increasingly more difficult to identify exactly what is required by the courts to satisfy the Due Process Clause of the Fourteenth Amendment.

When the U.S. Supreme Court declared the Georgia prejudgment garnishment statutes unconstitutional in North Georgia Finishing Co. v. Di-Chem, …

Acceleration Clauses In Georgia: Consumer Installment Contracts And The Federal Truth-In-Lending Act, John M. Hewson Iii

Mercer Law Review

In 1968, Congress enacted the Truth-in-Lending Act' expressly to "assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit." The Act is a disclosure act; it does not regulate the substantive terms of an extension of credit. Moreover, the Act and Regulation Z (the regulation promulgated by the Federal Reserve Board implementing the Act) do not require a disclosure of all the credit terms of any particular consumer transaction. They require the disclosure of certain specific credit terms …

Magnuson-Moss Warranty Act: An Overview And Comparison With Ucc Coverage, Disclaimer, And Remedies In Consumer Warranties, Kurt A. Strasser

Mercer Law Review

The Magnuson-Moss Warranty-Federal Trade Commission Improvement Act addresses the warranty problems of the consumer in the market place. Recent discussions of consumer problems with warranties have focused on three areas. First, the length and complexity of a typical consumer product warranty makes it too confusing for the average consumer. This is particularly true in light of the consumer's ignorance of the existence of implied warranties. Second, the "warranty," which is expressly made to the consumer, customarily disclaims all implied warranties under the Uniform Commercial Code and, consequently, takes away a great deal more than it gives. Third, a consumer warranty …