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Articles 481 - 510 of 520
Full-Text Articles in Consumer Protection Law
An Overview Of Fair Lending Legislation, 28 J. Marshall L. Rev. 333 (1995), Deanna Caldwell
An Overview Of Fair Lending Legislation, 28 J. Marshall L. Rev. 333 (1995), Deanna Caldwell
UIC Law Review
No abstract provided.
Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne
Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne
UIC Law Review
No abstract provided.
Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz
Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene
Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene
UIC Law Review
No abstract provided.
Investigating Claims Of Discrimination In Housing Finance, 28 J. Marshall L. Rev. 371 (1995), Stephen M. Dane
Investigating Claims Of Discrimination In Housing Finance, 28 J. Marshall L. Rev. 371 (1995), Stephen M. Dane
UIC Law Review
No abstract provided.
Fair Lending Conference: Home Mortgage Disclosure Act Report, 28 J. Marshall L. Rev. 343 (1995), Allen Fishbein
Fair Lending Conference: Home Mortgage Disclosure Act Report, 28 J. Marshall L. Rev. 343 (1995), Allen Fishbein
UIC Law Review
No abstract provided.
Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks
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 …
Exporting Bank Credit Card Rates And Charges, Ralph J. Rohner
Exporting Bank Credit Card Rates And Charges, Ralph J. Rohner
Scholarly Articles
Banks enjoy virtually unlimited authority to export interest rates, late fees, and over-limit charges across state lines. Open issues include the exportability of other fees, the viability of consumer common law claims such as unconscionability, and the effect of home-state choice-of-law.
The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm
The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm
UIC Law Review
No abstract provided.
Multiple Sources Of Consumer Law And Enforcement (Or: 'Still In Search Of A Uniform Policy'), Ralph J. Rohner
Multiple Sources Of Consumer Law And Enforcement (Or: 'Still In Search Of A Uniform Policy'), Ralph J. Rohner
Scholarly Articles
In 1972 the National Commission on Consumer Finance surveyed and made recommendations for improving the legal and marketplace environments for consumer credit. Twenty years later, industry, consumer groups, government agencies, and the national and state legislatures are still groping for a coherent approach to the regulation of consumer credit. It is time for another national commission, or similar group, to make an objective and informed assessment of appropriately uniform policy for consumer financial services, and to craft a blueprint for future developments.
Section 2-102 Of The West Virginia Consumer Credit And Protection Act And Assignee Liability: The Triangle Of Consumers, Dealers, And Lenders Has Come Full Circle, Dana F. Eddy
West Virginia Law Review
No abstract provided.
What Can Be Done About Stock Market Volatility, Tamar Frankel
What Can Be Done About Stock Market Volatility, Tamar Frankel
Faculty Scholarship
Volatility is as old as the financial markets. The bull market of 1986 and the crash that followed in 1987 were but the latest of periodic market gyrations that started with the South Sea Bubble and the Lombard Street run on commercial paper and have continued ever since.' Volatility in the financial markets would not be very important if market activity simply mirrored economic activity. Volatility would be much less important if the markets moved independently of the economy. But if we believe, as I do, that the markets and the economy are interdependent, and that their volatility is generally …
What You See Is Not Always What You Get: The Enforceability Of Loan Prepayment Penalties, 23 J. Marshall L. Rev. 65 (1989), Thomas C. Homburger, Matthew K. Phillips
What You See Is Not Always What You Get: The Enforceability Of Loan Prepayment Penalties, 23 J. Marshall L. Rev. 65 (1989), Thomas C. Homburger, Matthew K. Phillips
UIC Law Review
No abstract provided.
1981 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner
1981 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner
Scholarly Articles
No abstract provided.
In Search Of A Uniform Policy: State And Federal Sources Of Consumer Financial Services Law, Ralph J. Rohner, Fred H. Miller
In Search Of A Uniform Policy: State And Federal Sources Of Consumer Financial Services Law, Ralph J. Rohner, Fred H. Miller
Scholarly Articles
Any effort to project the vectors of development in the law affecting consumer financial services for the 1980s must take into account the sources from which the legal ground rules will emanate. Those sources are in one sense bifurcated-i.e., the states have long had a significant role in regulating consumer credit and related consumer transactions, and, since 1968, the federal government has been substantially and increasingly involved in standard setting for consumer financial transactions.
At these two levels of government there is further fragmentation of the lawmaking function. Each of the fifty states, and countless local government entities, enact laws …
1980 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner
1980 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner
Scholarly Articles
No abstract provided.
Truth In Lending 'Simplified': Simplified?, Ralph J. Rohner
Truth In Lending 'Simplified': Simplified?, Ralph J. Rohner
Scholarly Articles
Disclosure of credit terms has been viewed as a primary means of protecting consumers from fraud and deception in credit transactions. To enhance the value of disclosure, Congress enacted the Truth in Lending Simplification and Reform Act of 1980. Professor Rohner analyzes this attempt to simplifij crcdit cost disclosures and finds that the new Act is no more likely to increase consumer protection than the original Truth in Lending Act. The new Act does solve some problems, but does nothing about others and even introduccs further complexities into credit transactions. Among the difficulties left unaddressed by the new Act are …
Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks: Part Ii, Ralph J. Rohner
Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks: Part Ii, Ralph J. Rohner
Scholarly Articles
The first portion of this article reviewed the array of federal and state consumer protection laws affecting commercial banks and described the many areas of friction created by such multiple lawmaking. This half of the article addresses the question of how these various laws are enforced by the federal and state bank supervisory agencies and concludes with an evaluation of the many options for improving the overall regulatory and enforcement structure for consumer protection.
Regulation Z And The Uccc: The Bewildering Maze Of Credit Disclosure Provisions, Robert S. Clark
Regulation Z And The Uccc: The Bewildering Maze Of Credit Disclosure Provisions, Robert S. Clark
BYU Law Review
No abstract provided.
A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers
A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers
Scholarly Articles
The purpose of this Article is to take a hard look at the possible objectives of a disclosure statute such as Truth In Lending, and ask the basic question whether these objectives are attainable, and if so, what type of a statute can best effectuate the legislative policies. Given the lawmakers' fascination with disclosure-type legislation in the scheme for protecting consumers, and the myths that accompany such legislation, this undertaking should prove useful.
New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner
New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner
Scholarly Articles
The response of sympathetic lawmakers to perceived abuses in the consumer credit field is almost totally predictable. One group will urge the enactment of disclosure rules so that well-informed consumers will be able to look out for themselves in the marketplace. Another group will urge the passage of laws directly prohibiting the distasteful practice, or mandating a corrective mechanism. Both groups will then engage in endless rhetorical debate over the costs and benefits of either approach, the infringements on competition and marketplace freedom, and the burdens on small business.
All of these responses take for granted that the disappearance of …
Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks, Part I, Ralph J. Rohner
Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks, Part I, Ralph J. Rohner
Scholarly Articles
In this first half of a two-part article, the author reviews the complex structures through which federal and state consumerprotection laws are enacted and enforced with respect to commercial banks. Problems arisefrom the multiolicity of law-making bodies, the dual banking system, unclear preemption standards, and expandingfederal domination of the consumer creditfleld The secondpart of the article, which will appear in the next issue of this Review, analyzes the actual enforcement activities of the federal and state banking agencies. It concludes with a series of recommendationsfor improving the combined federal-state consumer protection programs affecting commercial banks.
For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner
For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner
Scholarly Articles
No abstract provided.
Judicial Erosion Of The Rescission Right Under Truth In Lending
Judicial Erosion Of The Rescission Right Under Truth In Lending
Washington and Lee Law Review
No abstract provided.
Consumer Law--The Supervised Loan In West Virginia, Jon David Levy
Consumer Law--The Supervised Loan In West Virginia, Jon David Levy
West Virginia Law Review
The supervised (small) loan is just one piece in the patchwork of transactions characterized as consumer credit. It is designed to increase the availability of credit for consumers in a form attractive to legitimate lenders who are permitted to issue loans with a low ceiling on the maximum principal amount, and a high ceiling on the permissible rate of interest. The other primary feature of the supervised loan, in trade off to its exemption from general usury requirements, is comprehensive regulation. As a result, supervised loan legislation is uniformly characterized by scrupulous licensing and oversight requirements. The one source perhaps …
Efts: Consumer Protection Under The Ucc, Susan E. Jinnett
Efts: Consumer Protection Under The Ucc, Susan E. Jinnett
University of Michigan Journal of Law Reform
In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …
Can Georgia Bank On Its Garnishment Laws?*, Richard B. Badgley, Michael F. Swick
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, …
Consumer Credit--Truth In Lending Act--Creditor Defined And Damages And Rescission Jointly Awarded--Eby V. Reb Realty, Inc., Dennis K. Poole
Consumer Credit--Truth In Lending Act--Creditor Defined And Damages And Rescission Jointly Awarded--Eby V. Reb Realty, Inc., Dennis K. Poole
BYU Law Review
No abstract provided.
The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi
The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi
West Virginia Law Review
This article discusses the 1974 West Virginia Consumer Credit and Protection Act, hereinafter referred to as WVCCPA. A summary of the Act is undertaken early in the article, detailing for the reader what the Act does. Beyond this summary there is no section by section restatement of the WVCCPA in the article nor is every section or group of sections discussed. The purpose of the article is to discuss why the WVCCPA was passed and what it attempts to do, and in some areas, to discuss how well the Act accomplishes its purpose. To place the WVCCPA in its evolutionary …
Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart
Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart
Michigan Law Review
Credit cards have been used as a means of facilitating delayed-payment purchases since early in this century. The first credit card systems were operated by retailers and service organizations in connection with the merchandising of their products. While such programs were used in local markets by department stores, oil companies were the first issuers to recognize the potential of credit card plans in larger geographical areas. In the early 1950's a new phase in credit card development evolved with the emergence of firms engaging solely in the extension of credit. These firms-Diners' Club, American Express, and Hilton Credit Corporation with …