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Full-Text Articles in Consumer Protection Law
Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid
Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid
University of Colorado Law Review
As more U.S. states have begun to pass consumer privacy laws, there are growing calls for federal data privacy regulation to ease the burden of compliance with various, sometimes conflicting, state laws. However, scholars and lawmakers are divided on how best to balance robust privacy protections with privacy laws to which businesses can realistically comply. Two prominent regulatory models have emerged from scholarly debate. The Rights/Obligations Model grants consumers various rights and imposes obligations on businesses. This model has been trending in U.S. states, which have mirrored language from the European Union’s General Data Protection Regulation (GDPR) by imposing different …
Why You Should Be Unsettled By The Biggest Automotive Settlement In History, Sarah Dadush
Why You Should Be Unsettled By The Biggest Automotive Settlement In History, Sarah Dadush
University of Colorado Law Review Forum
No abstract provided.
Identity Harm, Sarah Dadush
Identity Harm, Sarah Dadush
University of Colorado Law Review
In September 2015, the world learned that Volkswagen had rigged millions of its "clean diesel" vehicles with illegal software designed to cheat emissions tests. Contrary to what had been advertised, the vehicles are anything but clean. When affected owners learned that their cars were toxic, what were they most upset about? Was it that their cars were now worth fewer dollars? Or that they had been deceived into being hyperpolluting drivers, when they thought they were being green? Coverage of the emissions scandal strongly suggests that affected car owners experienced both kinds of disappointment, economic and noneconomic, and in heavy …
All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson
All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson
University of Colorado Law Review
Consumers navigating the United States' modern electronic exchange economy are uniquely vulnerable to injury from data breaches. Hackers run data breach operations on an industrial scale, with a worldwide underground economy supporting the processing and exploitation of stolen information. Economic damages from data breaches exceed millions of dollars annually in direct and indirect costs for consumers and businesses alike. While existing common law, statutory law, and regulatory law offer consumers affected by a data breach some degree of protection, that protection is largely inadequate in the face of the threat posed by consumer data breaches. This Comment argues that consumers …
The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao
The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao
University of Colorado Law Review
Litigation financing companies ("LFCs") provide nonrecourse cash advances to plaintiffs in exchange for a portion of their lawsuits' potential future proceeds. While this arrangement allows individuals to continue to litigate without having to accept unjust settlement offers, desperate consumers are often forced to pay inequitable interest rates for the cases they finance. Because there is no absolute obligation to repay the LFC, the industry manages to avoid regulation under state interest rate ceilings for consumer loans. The few existing litigation financing laws do not restrict the interest rates that LFCs may charge, and even if some courts are willing to …
Opening The Door: Crowe V. Tull And The Application Of The Colorado Consumer Protection Act To Attorneys, Daniela Ronchetti
Opening The Door: Crowe V. Tull And The Application Of The Colorado Consumer Protection Act To Attorneys, Daniela Ronchetti
University of Colorado Law Review
In Crowe v. Tull, the Colorado Supreme Court held that the Colorado Consumer Protection Act ("CCPA") applies to attorneys. Putting consumers of legal services on par with consumers in other industries, the decision opened a new avenue of recovery in attorney-client disputes. This Note explores the ramifications of Crowe for attorneys and their clients. Specifically, the Note analyzes the elements of a CCPA claim and their interpretation by the courts and argues that in most cases, a client will not be able to successfully pursue a CCPA claim against his or her attorney. Particularly, a client will have difficulty proving …