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Articles 1 - 15 of 15
Full-Text Articles in Law
No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas
No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas
Pepperdine Dispute Resolution Law Journal
This article discusses differences in foreclosure law, consumer protection, and mediation programs. Then, it will summarize relevant research on the topic of homeowners’ attitudes, financial knowledge, economic hardships, causes of default, and effectiveness of representation. Next, this article will outline the study’s design and methodology followed by the results from the data produced by the study. Then, the results will be analyzed. Finally, policy recommendations and reforms supported by the study’s evidence will be discussed.
The [Un]Fair Debt Collection Practices Act: A Critique Of Henson V. Santander, Monica Paladini
The [Un]Fair Debt Collection Practices Act: A Critique Of Henson V. Santander, Monica Paladini
Pepperdine Law Review
Congress was clear about its purposes and motivations behind enacting the Fair Debt Collection Practices Act of 1977. Namely, it set out to protect consumers from abusive debt collectors and to protect ethical debt collectors from being competitively disadvantaged by those who employ abusive tactics. Although Congress gave much time and effort to crafting the definition of “debt collectors” at the time of the Act’s passage, changes in the debt collection industry over the last four decades have greatly impacted the scope and reach of the FDCPA. Specifically, the advent and rise of debt purchasing have introduced an entirely new …
Consumer Arbitrations In The European Union, Andreas Von Goldbeck
Consumer Arbitrations In The European Union, Andreas Von Goldbeck
Pepperdine Dispute Resolution Law Journal
The main argument of this paper is that the law should generally enforce pre-dispute consumer arbitration clauses. If the consumer is given a choice between litigation and arbitration at the time of contracting and she chooses arbitration, that choice should generally be enforceable, provided appropriate safeguards are in place guaranteeing access to justice. Consumer protection comes at a cost, which the consumer ultimately pays in the price of the product or service purchased: assuming arbitration is the more cost-efficient dispute-resolution mechanism, consumers choosing arbitration would, in theory, pay a lower price than those choosing litigation. The blanket hostility towards pre-dispute …
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer
The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer
The Journal of Business, Entrepreneurship & the Law
In this Paper, we discuss the central benefit of the sharing economy thus far: it has overcome market imperfections without recourse to regulatory bodies prone to capture by entrenched firms. As an introduction to the various issues surrounding this ongoing debate, we begin with an explanation of the sharing economy. Then we review the traditional “consumer protection” rationales for economic regulation and explain why many regulations persist even though their initial justifications are no longer valid. We argue continued application of these outmoded regulatory regimes is likely to harm consumers. In the last section, we explain how the Internet and …
Full Disclosure Of Consumer Savings Information , Vance Hartke
Full Disclosure Of Consumer Savings Information , Vance Hartke
Pepperdine Law Review
No abstract provided.
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine Law Review
No abstract provided.
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …
Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman
Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman
Pepperdine Law Review
No abstract provided.
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Pepperdine Law Review
No abstract provided.
Consumerism And Land Sales , Leonard Levin
Consumerism And Land Sales , Leonard Levin
Pepperdine Law Review
No abstract provided.
Access To Consumer Remedies In The Squeaky Wheel System , Amy J. Schmitz
Access To Consumer Remedies In The Squeaky Wheel System , Amy J. Schmitz
Pepperdine Law Review
This article explores the “Squeaky Wheel System” (“SWS”) in business-to-consumer (“B2C”) contexts, referring to merchants’ reservation of purchase remedies and other contract benefits for only the relatively few “squeaky wheel” consumers who have the requisite information and resources to persistently seek assistance. The article uncovers how this system fosters contractual discrimination and hinders consumers’ awareness and access with respect to contract remedies. It also adds empirical insights from my recent e-survey, and offers suggestions for using the internet to empower consumers of all economic and status levels with efficient and accessible means for learning about their purchase rights and asserting …
Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning, Michelle Kay Pulley
Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning, Michelle Kay Pulley
Pepperdine Law Review
No abstract provided.
The Class Action (Un)Fairness Act Of 2005: Could It Spell The End Of The Multi-State Consumer Class Action?, Michael Isaac Miller
The Class Action (Un)Fairness Act Of 2005: Could It Spell The End Of The Multi-State Consumer Class Action?, Michael Isaac Miller
Pepperdine Law Review
No abstract provided.
The Quest For Financial Regulatory Reform: Will A Uniform Fiduciary Standard Guide The Way?, Bonnie M. Treichel
The Quest For Financial Regulatory Reform: Will A Uniform Fiduciary Standard Guide The Way?, Bonnie M. Treichel
The Journal of Business, Entrepreneurship & the Law
No abstract provided.