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Consumer Protection Law Commons

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Articles 1 - 30 of 3174

Full-Text Articles in Consumer Protection Law

Response Regarding Bureau Financial Education Programs (Docket No. Cfpb-2018-0015), Carly Urban, J. Michael Collins, Stephanie Moulton, Financial Regulation And Consumer Protection Scholars And Former Regulators Jul 2018

Response Regarding Bureau Financial Education Programs (Docket No. Cfpb-2018-0015), Carly Urban, J. Michael Collins, Stephanie Moulton, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether the Consumer Federal Protection Bureau should continue its financial education programs.


Response Regarding Bureau Guidance And Implementation Support (Docket No. Cfpb-2018-0013), Adam J. Levitin, Financial Regulation And Consumer Protection Scholars And Former Regulators Jul 2018

Response Regarding Bureau Guidance And Implementation Support (Docket No. Cfpb-2018-0013), Adam J. Levitin, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

No abstract provided.


The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva Jul 2018

The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva

Boston College Law Review

This Article examines SEC enforcement policies and seeks to find the optimum approach to enforcement against foreign private issuers. My previous empirical study of securities class actions against foreign firms identified a number of crucial developments that mainly occurred after Morrison v. National Australia Bank. In Morrison, the Supreme Court sought to limit the extraterritorial reach of the antifraud provisions of the U.S. securities laws. The Court has scaled down the exposure of foreign issuers to securities liability risk, particularly in class-action litigation. If the Supreme Court in Morrison has created a risky enforcement lacuna on the side of ...


Broken Promises: How Debt-Financed Higher Education Rewrote America’S Social Contract And Fueled A Quiet Crisis, Seth Frotman Jul 2018

Broken Promises: How Debt-Financed Higher Education Rewrote America’S Social Contract And Fueled A Quiet Crisis, Seth Frotman

Utah Law Review

The U.S. student loan market stands at $1.5 trillion—the second largest consumer debt market in the country. Despite the vast size of this market and the far-reaching spillover effects of student loan debt on individuals and communities, the American higher education system increasingly relies on debt financing as the predominant mechanism by which American families pay for college. Furthermore, student loans still lack a comprehensive twenty-first century consumer protection infrastructure. Researchers and policymakers are only now beginning to acknowledge the threat runaway student debt poses to the American social contract - even as millions of borrowers across the ...


The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment, John R. Brooks Jul 2018

The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment, John R. Brooks

Utah Law Review

One of the most important—but least discussed—legislative and regulatory accomplishments of the Obama administration was the reform and expansion of income-driven repayment (“IDR”) for federal student loans. By 2016, anyone with a federal student loan—old or new—could choose to cap their monthly student loan payments to 10 percent of their discretionary income (after a large exemption) and have any unpaid balances forgiven after a minimum of ten, twenty, or twenty-five years of repayment, depending on the plan. IDR has the potential to effect a massive change in how the United States pays for higher education. At ...


The Economics Of American Higher Education In The New Gilded Age, Paul Campos Jul 2018

The Economics Of American Higher Education In The New Gilded Age, Paul Campos

Utah Law Review

Student debt is a function of three factors: the cost of higher education, the extent to which that cost is subsidized through sources other than students and their families, and the percentage of nonsubsidized revenue that is supplied via loans rather than out-of-pocket payments.

The first factor is a product of how much money colleges and universities choose to spend. The second is determined by total value of the many sources of subsidization upon which higher education draws. The third is a function of the relative wealth or poverty of the people who make up the student bodies at American ...


The Narrative And Rhetoric Of Student Debt, Jonathan D. Glater Jul 2018

The Narrative And Rhetoric Of Student Debt, Jonathan D. Glater

Utah Law Review

The swirl of concerns about and criticisms of the cost of higher education and the debt burdens taken on by students masks a deeper confusion over the goals student aid should pursue and over reforms to enable achievement of those goals. This Article explores how the rhetoric used in public discussion of college cost and student borrowing can get in the way of what would be a difficult but critically important debate over goals. Higher education is a personal, private “investment” that must be “worth it” to the student; student “aid,” flexible loan repayment plans, even debt forgiveness, all aim ...


Federal Student Aid: Can We Solve A Problem We Do Not Understand?, Deanne Loonin, Julie Margetta Morgan Jul 2018

Federal Student Aid: Can We Solve A Problem We Do Not Understand?, Deanne Loonin, Julie Margetta Morgan

Utah Law Review

At over $1 trillion, with more than 8 million borrowers in default, the federal student loan program is in trouble. There is no question that policymakers will do their best to fix it in the coming years. The only question is whether they will have the evidence they need to make informed judgments about what ails our student loan program, and what can cure it.

In the coming years, advocates, policymakers, and researchers should focus on gathering data and information on all possible causes of the failures in the student loan program. As the previous Part describes, the public has ...


Improvident Student Lending, Joseph Sanders, Vijay Raghavan Jul 2018

Improvident Student Lending, Joseph Sanders, Vijay Raghavan

Utah Law Review

The idea that lending without regard to ability to repay should be illegal is not particularly new, but it gained purchase in recent years with the rapid growth of high-cost mortgage loans. In the late 1990s, law enforcement and private litigants began attacking predatory mortgage lenders on the grounds they were making loans that borrowers could not afford. Both before and after the financial crisis of 2008, state and federal legislators imposed reforms on the mortgage market that provided relief to borrowers whose lenders failed to determine whether they had sufficient income to afford their monthly mortgage payments.

This Article ...


Response Regarding Inherited Regulations And Inherited Rulemaking Authorities (Docket No. Cfpb-2018-0012), Kathleen Engel, Financial Regulation And Consumer Protection Scholars And Former Regulators Jun 2018

Response Regarding Inherited Regulations And Inherited Rulemaking Authorities (Docket No. Cfpb-2018-0012), Kathleen Engel, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response offering comment on the Consumer Federal Protection Bureau's inherited regulations and inherited rulemaking authorities.


Response Regarding Adopted Regulations (Docket No. Cfpb-2018-0011), Patricia Mccoy, Financial Regulation And Consumer Protection Scholars And Former Regulators Jun 2018

Response Regarding Adopted Regulations (Docket No. Cfpb-2018-0011), Patricia Mccoy, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response offering comment on the Consumer Federal Protection Bureau's adopted regulations and new rulemaking authorities.


The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego Jun 2018

The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part ...


The Gm Food Debate: An Evaluation Of The Nationalbioengineered Food Disclosure Standard Andrecommendations For The United States Based On Foodjustice, Courtnee Grego Jun 2018

The Gm Food Debate: An Evaluation Of The Nationalbioengineered Food Disclosure Standard Andrecommendations For The United States Based On Foodjustice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part ...


Response Regarding Bureau Rulemaking Processes (Docket No. Cfpb-2018-0009), Patricia A. Mccoy, Financial Regulation And Consumer Protection Scholars And Former Regulators Jun 2018

Response Regarding Bureau Rulemaking Processes (Docket No. Cfpb-2018-0009), Patricia A. Mccoy, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether the Consumer Federal Protection Bureau should alter its procedures for adopting new rules to protect consumers.


Response Regarding Bureau Public Reporting Practices Of Consumer Complaint Information (Docket No. Cfpb-2018-0006), Pamela Foohey, Angela K. Littwin, Amy J. Schmitz, Financial Regulation And Consumer Protection Scholars And Former Regulators Jun 2018

Response Regarding Bureau Public Reporting Practices Of Consumer Complaint Information (Docket No. Cfpb-2018-0006), Pamela Foohey, Angela K. Littwin, Amy J. Schmitz, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether the Consumer Federal Protection Bureau should take down its consumer complaint database.


The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung Jun 2018

The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung

Brooklyn Journal of Corporate, Financial & Commercial Law

As the world braces itself for the unveiling of autonomous vehicles, the idea of regulation and oversight has gone largely undetected. Though some states have already begun enacting legislation ahead of the technology’s wide release, the regulatory landscape across the country is in disarray. It is imperative that both manufacturers and consumers be given some sort of uniform understanding as to how the automation is overseen throughout the manufacturing process and how liability will be levied in the case of inevitable mistakes on our nation’s roadways. This Note proposes that the National Highway Traffic Safety Administration be responsible ...


When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation, Nicole Vincent May 2018

When Good Policies Go Bad: Controlling Risks Posed By Flawed Incentive-Based Compensation, Nicole Vincent

Cleveland State Law Review

The recent Wells Fargo scandal revealed the harm that can result from flawed incentive-based compensation arrangements. Large financial institutions have both a legal and an ethical obligation to ensure that any incentive-based compensation arrangements that are in place will not encourage risky or fraudulent employee behavior. The continued existence of inappropriate and poorly structured arrangements demonstrates that existing regulations are inadequate to ensure compliance and protect consumers. Regulations should include increased penalties and should more evenly distribute the burden of oversight and compliance between the public and private sectors. In addition to regulatory reform, the government should prosecute culpable high-level ...


Response Regarding Bureau External Engagements (Docket No. Cfpb-2018-0005), Cathy Lesser Mansfield, Financial Regulation And Consumer Protection Scholars And Former Regulators May 2018

Response Regarding Bureau External Engagements (Docket No. Cfpb-2018-0005), Cathy Lesser Mansfield, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether the Consumer Federal Protection Bureau should change the way it reaches out to public and the financial industry.


No Harm, No Foul: The Fourth Circuit Struggles With The "Injury-In-Fact" Requirement To Article Iii Standing In Data Breach Class Actions, Brandon Ferrick May 2018

No Harm, No Foul: The Fourth Circuit Struggles With The "Injury-In-Fact" Requirement To Article Iii Standing In Data Breach Class Actions, Brandon Ferrick

Boston College Law Review

On February 6, 2017, in Beck v. McDonald, the United States Court of Appeals for the Fourth Circuit held that the increased risk of future identity theft created by two data breaches was too speculative to constitute an injury-in-fact for the purposes of Article III standing. The court surveyed the split between its sister circuits and determined that, without allegations that a thief deliberately targeted information, misused, or attempted to misuse that personal information, the risk of identity theft was not sufficiently high so as to meet the injury-in-fact requirement of Article III standing. This Comment examines the Fourth Circuit ...


Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt May 2018

Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt

SMU Law Review

No abstract provided.


Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri May 2018

Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri

St. Mary's Journal on Legal Malpractice & Ethics

Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests ...


Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist May 2018

Protecting San Francisco Residents From The Wolves Of Wall Street: A Case Study, Jessica Lindquist

Master's Projects and Capstones

This research conducts the first deep data analysis of the public complaints filed to the Consumer Financial Protection Bureau's Consumer Complaint database by San Francisco residents. The case study highlights how consumer financial harms are a citywide problem: San Franciscans living at every income level and in every part of the city are struggling to resolve their financial issues with the wolves of Wall Street, the financial services industry. The recommendations center on what the city, particularly the San Francisco Office of Financial Empowerment, can do at a local level now that the Trump administration is focused on deregulating ...


Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher May 2018

Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher

Economic Crime Forensics Capstones

Civil Asset Forfeiture (CIVIL ASSET FORFEITURE) is a disputable law enforcement asset utilized to combat the war on drugs and criticized as an abusive practice. Are law enforcement agencies really combatting the war on drugs using civil asset forfeiture law or just using the law for their own self interests? Civil Asset Forfeiture abuse relates to perverse incentives which are further aided by the federal equitable sharing program (ESP). Civil asset forfeiture law allows owners’ assets to be seized and forfeited, by law enforcement agencies without a warrant and/or a criminal conviction. When federal agencies adopt and prosecute, state ...


The Cfpb’S Endaround, Chris O'Brien May 2018

The Cfpb’S Endaround, Chris O'Brien

Catholic University Law Review

The financial crisis of 2008 led Congress to enact the Dodd-Frank Wall Street Reform and Consumer Protection Act and establish the Consumer Financial Protection Bureau (CFPB) to better protect consumers. Although Dodd-Frank and the CFPB introduced sweeping changes to many areas of financial lending, automobile dealers and financers were expressly excluded from oversight by the CFPB. Despite this express limitation on the CFPB’s authority, the Bureau nonetheless expanded its definition of “larger participants” to encompass automobile dealers and financiers. This action has resulted in duplicative regulatory oversight and increased costs to consumers, which in turn, imposes additional burdens on ...


Response Regarding Bureau Enforcement Processes (Docket No. Cfpb-2018-0003), Christopher L. Peterson, Financial Regulation And Consumer Protection Scholars And Former Regulators May 2018

Response Regarding Bureau Enforcement Processes (Docket No. Cfpb-2018-0003), Christopher L. Peterson, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether the Consumer Federal Protection Bureau should stop taking enforcement actions against companies and people who violate the consumer financial protection laws.


Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist May 2018

Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist

Georgia Journal of International & Comparative Law

No abstract provided.


Response Regarding Bureau Rules Of Practice For Adjudication Proceedings (Docket No. Cfpb–2018–0002), David Zaring, Jayme Wiebold, Financial Regulation And Consumer Protection Scholars And Former Regulators May 2018

Response Regarding Bureau Rules Of Practice For Adjudication Proceedings (Docket No. Cfpb–2018–0002), David Zaring, Jayme Wiebold, Financial Regulation And Consumer Protection Scholars And Former Regulators

CFPB Comments by Scholars & Regulators

Response discussing whether the Consumer Federal Protection Bureau should use administrative law judges to decide its enforcement cases.


Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim May 2018

Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim

Duke Law & Technology Review

Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new ...


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii May 2018

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis May 2018

Behavioral Finance Symposium Summary Paper, Michael S. Barr, Annabel Jouard, Andrew Norwich, Josh Wright, Katy Davis

Other Publications

On September 14-15, 2017, the University of Michigan’s Center on Finance, Law, and Policy and behavioral science research and design lab ideas42 brought together influential leaders from academia, government, nonprofits and the financial sector for a two-day symposium on behavioral finance. Behavioral finance is the study of how behavioral biases and tendencies affect financial decisions, and in turn how those impact financial markets.