Consumer Protection Law Commons^™

Stimulus Checks, Universal Basic Income, And Debtor Protections, Sophie B. Laing

Loyola Consumer Law Review

Interest in Universal Basic Income (UBI) is growing. While Congress may not be passing UBI legislation anytime soon, the policy has enjoyed enthusiastic support from a variety of high-profile politicians and advocates and made its way from a fringe idea to a national debate. Universal Basic Income has inspired pilot programs across the country, beginning with one such program in 2019 and growing to at least thirty-three by 2021. UBI has been discussed, debated, and dissected in the literature, which has addressed arguments for and against UBI, the values and principles underlying the program, and the policy mechanisms needed to …

Student Loans And Financial Distress: A Qualitative Analysis Of The Most Common Student Loan Complaints, Matthew Adam Bruckner, Christopher J. Ryan, Jr.

Loyola Consumer Law Review

Student loan servicers are the face of the U.S. student loan system, and they are not well-liked. Using the Consumer Financial Protection Bureau's (the CFPB) consumer complaint database, we study borrower perceptions of the student loan system. We qualitatively analyzed a sample of complaint narratives drawn from every student loan complaint ever filed with the CFPB. Our analysis of these complaint narratives reveals clear patterns of discontent in four primary areas: 1) a mismatch between ability to repay and repayment options, including problems with forbearance, deferments, the public service loan forgiveness program, income-driven repayment plans, and loan cancellation options; 2) …

The Megamerger Of Kroger-Albertsons: A Big Deal For Chicago Consumers, Brett Wainscott

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Healthwashing: Corporate Communication Strategies In A Legal Gray Zone, Felix Delerm, Anna Galmiche, Melanie Levy

Loyola Consumer Law Review

In an age of rising prevalence of non-communicable diseases, transnational companies of the tobacco, alcohol, and food industries wash their risk-creating commercial activities and unhealthy products and incidentally mislead consumers. This paper examines industries' quest for legitimacy through elaborate communication strategies. It conceptualizes the practice of healthwashing as a new form of a commercial determinant of health, revealing the inherent tension between commercial and public health objectives. Healthwashing consists of deceptive, multi-level communication strategies, including labeling and advertising, that trick consumers into believing they support companies whose practices align with their values. The paper is the first to present an …

Federal Courts On Mifepristone: How Do Healthcare Consumers Fare?, Jessica Antoni

Loyola Consumer Law Review

No abstract provided.

Arbitration As Seventh Amendment Waiver: A New Angle For Consumer Advocates?, Steven Becker

Loyola Consumer Law Review

No abstract provided.

The Federal Trade Commission's Green Guides: Failing The American Consumer And The Planet, Thomas Farbacher

Loyola Consumer Law Review

No abstract provided.

Dark Patterns In Law And Economics Framework, Katri Nousiainen, Catalina Perdomo Ortega

Loyola Consumer Law Review

No abstract provided.

Dope At The Door: The Legalization Of Cannabis Delivery And Why Illinois Should Too, Ian Lindsay

Loyola Consumer Law Review

No abstract provided.

What The Judge Ate For Breakfast: Reasonable Consumer Challenges In Misleading Food Labeling Claims, Jessica Guarino, Nabilah Nathani, A. Bryan Endres

Loyola Consumer Law Review

Food, being an established aspect of global human culture and history, occupies a unique role in contemporary society. Given the massive market available for packaged and processed food, companies have taken deceptive marketing to new heights, resulting in a flurry of consumer litigation. The dominant test for -evaluating the scope of these cases is the reasonable consumer standard, an amorphous assessment which requires a probability that a majority of the general public or targeted consumers would be misled by said deceptive marketing. By analyzing state and federal consumer protection statutes, landmark cases, and elements of human and cultural psychology, the …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

I Think I'Ve Seen This Film Before: How Taylor Swift's Eras Tour Has Exposed The Need To Investigate Ticketmaster's Market Dominance, Grace Connelly

Loyola Consumer Law Review

No abstract provided.

Death By Fashion: Consumers Face Health Risks By Purchasing From Unregulated Fast Fashion Brands, Elizabeth Durosko

Loyola Consumer Law Review

With the rise of globalization and, as an effect, outsourcing, fast fashion has grown in popularity and accessibility. While this trend provides consumers with greater accessibility to affordable fashion trends, it also comes with significant costs.

In the past few years, studies have revealed that clothing produced via various fast fashion brands contain elevated levels of toxic chemicals. While legislatures have tried to regulate these issues, the existing laws fall short of protecting consumers from these harmful chemicals.

To address this issue and better regulate the industry, the United States needs a widespread solution. U.S. legislatures must look to other …

Expanding Access For The Credit Invisible With Just Four Easy Payments? The Unregulated Rise Of Buy Now, Pay Later, Colleen E. Mandell, Morgan J. Lawrence

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

The Cost Of Being Cracked: Why The Call Of Duty League Should Implement A Stricter Study Drug Regulation Policy, Christopher Bennett

Loyola Consumer Law Review

The video game industry is one of the fastest growing and most lucrative markets in the United States and globally, which has in turn driven the growth of the competitive leagues for the industry's most popular titles. Electronic sports (esports) are loosely defined as "professional video game matches where players compete against each other before an audience, whether in person or online." While various forms of esports have been around since the 1980s, the explosion of the industry in the past decade has allowed for significant sums of prize money and projections for esports to be a multi-billion dollar industry …

The Unscheduled Creditor In A Chapter 7 Case With Assets, Daniel M. Tavera

Loyola Consumer Law Review

No abstract provided.

Condo Collapse Creates Consumer Collapse, Alexandra Alvarez

Loyola Consumer Law Review

The collapse of Champlain Towers South in Surfside led the Florida legislature to enact Senate Bill 4-D in the hopes of ensuring public safety and better regulating its previous unsatisfactory building code. While the implementation of this new bill is well intentioned and much needed, it carries with it impactful consequences on consumers.

Senate Bill 4-D comes alive during a time when the real estate market in South Florida is scorching. The new bill will continue to force consumers to reach into their savings and pay tens of thousands of dollars, if not more, to improve the structural integrity of …

The Tiktok Union: Unionization In The Age Of New Media, Sara Shiffman

Loyola Consumer Law Review

The National Labor Relations Act of 1935 (NLRA) is the cornerstone of employee's right to organize, collectively bargain and take collective action. As the act has been reviewed by the Supreme Court as well as the National Labor Relations Board, it has been seen as somewhat flexible, particularly when it comes to technology and how it can be used to for employee organization and communication. But as the labor market has shifted to a more technology based work-for-hire model, are those who choose to take part in new media, specifically influencer marketing technically employees entitled to the same rights and …

Deficiencies In The Disclosures Of Privacy Policies And In User Choice, Scott Jordan, Siddharth Narasimhan, Jina Hong

Loyola Consumer Law Review

Development of a comprehensive legal privacy framework in the United States should be based on identification of the common deficiencies of privacy policies. We attempt to delineate deficiencies by critically analyzing the privacy policies of mobile apps, application suites, social networks, Internet Service Providers, and Internet-of- Things devices. Whereas many studies have examined readability of privacy policies, few have specifically identified the information that should be provided in privacy policies but is not.

Privacy legislation invariably starts a definition of personally identifiable information. We find that privacy policies' definitions of personally identifiable information are far too restrictive, excluding information that …

Misleading Ai: Regulatory Strategies For Algorithmic Transparency In Technologies Augmenting Consumer Decision-Making, Jeannie Marie Paterson

Loyola Consumer Law Review

Increasingly, consumers' decisions about what to buy are mediated through digital tools promoted as using "AI", "data" or "algorithms" to assist consumers in making decisions. These kinds of digital information intermediaries include such diverse technologies as recommender systems, comparison sites, virtual voice assistants, and chatbots. They are promoted as effective and efficient ways of assisting consumers making decisions in the face of otherwise insurmountable volumes of information. But such tools also hold the potential to mislead consumers, amongst other possible harms, including about their capacity, efficacy, and identity. Most consumer protection regimes contain broad and flexible prohibitions on misleading conduct …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Consumer Protection In The Face Of Smart Contracts, Lucas Forbes

Loyola Consumer Law Review

As smart contracts increase in popularity and use, there is a greater importance for the European Union to ensure that consumers are adequately protected under their consumer protection regime. This Article evaluates the extent to which the principal European consumer protection directives can respond to the use of smart contracts. After providing background on what 'smart contracts' are and their potential benefits, this Article assesses the use of smart contracts under the Unfair Contract Terms Directive, the Consumer Rights Directive, the Unfair Commercial Practices Directive, and the directives on defective and non-conforming goods. This Article finds that while there are …

Regulation "Best Interest's" Reduction Of Consumer Access To Investment Advice, Justin Deffenbacher

Loyola Consumer Law Review

No abstract provided.

Failures Of Electric Utility Regulation In Illinois And The Case For Public Ownership, Jackson Paller

Loyola Consumer Law Review

No abstract provided.

Consumer News: Fertility Tracking Apps, Dna Testing, And... Vending Machines? Developments In Ftc And State Protections On Certain Health Information, Kiana Baharloo

Loyola Consumer Law Review

No abstract provided.

Reconceptualizing Behaviorally Informed Consumer Law And Policy, Martin Brenncke

Loyola Consumer Law Review

No abstract provided.

What Is Consumer Protection For?, Luke Herrine

Loyola Consumer Law Review

When law and economics barreled its way into consumer protection scholarship two score years ago, it brought with it the consumer sovereignty framework: an approach to analysis in which actual markets are compared to an ideal market in which consumers optimize exogenous welfare functions by choosing between optimally competitive sellers. Even after two decades of behavioralist critique and even with increasingly critical perspectives taking root since the Global Financial Crisis, this consumer sovereignty ideal continues to serve as both a descriptive and normative baseline for consumer protection scholarship. This Article argues that it is time to reconsider the consumer sovereignty …