Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication Year
- Publication
-
- Fordham Journal of Corporate & Financial Law (2)
- Akron Law Review (1)
- Arkansas Law Review (1)
- Cleveland State Law Review (1)
- Georgia Law Review (1)
-
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Michigan Law Review (1)
- Northern Illinois University Law Review (1)
- Oklahoma Law Review (1)
- Seattle University Law Review (1)
- University of Michigan Journal of Law Reform Caveat (1)
- University of Richmond Law Review (1)
- Washington and Lee Law Review (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Arkansas Law Review
The consumer credit market, and particularly the credit card market, lacks perfect competition. Though usury laws and regulation of charges are germane to our findings, this Article focuses largely on disclosure. Specifically, we examine whether consumers understand the disclosures mandated for credit cards in the medium in which many consumers now engage in financial transactions. This Article proceeds as follows: Part I presents some basics on consumer protections for credit cards. Part II reviews the literature concerning disclosures on smartphones. Part III discusses our methodology. Part IV reports our findings. Part V suggests some normative implications.
Challenges Under Truth In Lending: Suing For Rescission, Giving Clear And Conspicuous Notice, And Electing Not To Rescind, Elwin Griffith
Challenges Under Truth In Lending: Suing For Rescission, Giving Clear And Conspicuous Notice, And Electing Not To Rescind, Elwin Griffith
Akron Law Review
This Article reveals that the uniformity sought by Congress through TILA has challenged the courts to clarify the relationship between a notice of rescission and a suit for rescission, the relevance of the consumer’s ability to tender the loan principal, and the difficulty of recognizing a creditor’s attempt to accommodate a consumer’s premature election not to cancel a transaction.
Rescission Under The Truth In Lending Act: Borrowers Should Be Required To File Suit Within Three Years, Michael F. Green Jr.
Rescission Under The Truth In Lending Act: Borrowers Should Be Required To File Suit Within Three Years, Michael F. Green Jr.
Georgia Law Review
During the Financial Crisis of 2008 and the Great Recession that followed, homeowner defaults and foreclosures increased dramatically. These homeowners facing foreclosure had few options to obtain relief and little leverage to negotiate with their lenders. One of the few places they could turn was to the Truth in Lending Act (TILA), which provides that consumers can rescind certain home loans for up to three years after loan closing if the lender failed to make certain material disclosures to the consumer prior to closing. In the wake of the Financial Crisis, a circuit split emerged regarding this three-year temporal limitation. …
Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder
Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder
Washington and Lee Law Review
No abstract provided.
Notice Is Not Enough: Why Tila Requires More Than A Letter Of Intent, Levi Smith
Notice Is Not Enough: Why Tila Requires More Than A Letter Of Intent, Levi Smith
University of Michigan Journal of Law Reform Caveat
The federal Truth in Lending Act (TILA) provides borrowers with protections and remedies against certain actions by lenders. TILA allows, in some circumstances, a borrower to rescind a loan from a lender within a three-year period from when the loan is made. However, a circuit split has developed regarding how the right to rescind must be exercised. Of the circuits that have considered this question, some require a lawsuit to be filed within the three-year period to rescind the loan. Other circuits have held that providing notice of the intent to rescind the loan within the three-year period is sufficient …
How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong
How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong
Oklahoma Law Review
No abstract provided.
Responding To The Subprime Mess: The New Regulatory Landscape, David Schmudde
Responding To The Subprime Mess: The New Regulatory Landscape, David Schmudde
Fordham Journal of Corporate & Financial Law
No abstract provided.
State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel
State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel
Seattle University Law Review
This article continues in Part II by defining predatory lending practices, identifying borrowers who are likely to face predatory lenders, and discussing the consequences of predatory lending. Next, Part III provides a background for existing federal regulation, again in reference to RESPA and TILA. Part IV discusses state legislative efforts to curb predatory lending and identifies the problems of inconsistency and federal exemptions that undermine these state statutes. Part V examines the elements of state consumer protection acts and unfair and deceptive acts or practices ("UDAP") statutes and their application to predatory practices. Part VI argues that, because consumer protection …
The Litigation Financing Industry: The Wild West Of Finance Should Be Tamed Not Outlawed, Susan Lorde Martin
The Litigation Financing Industry: The Wild West Of Finance Should Be Tamed Not Outlawed, Susan Lorde Martin
Fordham Journal of Corporate & Financial Law
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland
University of Richmond Law Review
This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …
Predatory Lending: Practices, Remedies And Lack Of Adequate Protection For Ohio Consumers, Anna Beth Ferguson
Predatory Lending: Practices, Remedies And Lack Of Adequate Protection For Ohio Consumers, Anna Beth Ferguson
Cleveland State Law Review
This note focuses on remedies available to borrowers who fall prey to predatory lending practices on their home equity loans where their homes are used as collateral. Part II gives basic background information on predatory lending: what predatory lending is, examples of common predatory lending techniques, and, who benefits and who is hurt by predatory lending practices. Part III discusses and critiques current federal laws that borrowers have used to combat predatory mortgage lending practices. Part IV explains the current forms of relief available in Ohio and the limitations of these remedies. Part V discusses remedies in other states, focusing …
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Northern Illinois University Law Review
Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Christopher L. Sagers
An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Christopher L. Sagers
Michigan Law Review
John and Janet lived for most of their early years together in a townhouse in Manhattan. It was a rental, a two-story walk-up on the Upper West Side with barely enough room for the two of them, and it ate up most of their income so that they were barely able to save anything. "Wait a minute," John said one day, "we're paying almost as much for this dump as we'd pay for a mortgage on a nice house!" So the two of them looked over their finances. Not much there. A few thousand and a 401(k) at Janet's work. …
Consumer Disclosure In The 1990s, Griffith L. Garwood, Robert J. Hobbs, Fred H. Miller
Consumer Disclosure In The 1990s, Griffith L. Garwood, Robert J. Hobbs, Fred H. Miller
Georgia State University Law Review
No abstract provided.
Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog
Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog
Indiana Law Journal
No abstract provided.