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Articles 1 - 30 of 36
Full-Text Articles in Consumer Protection Law
Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock
Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock
West Virginia Law Review
No abstract provided.
Terms Of Injustice, Przemyslaw Palka
Terms Of Injustice, Przemyslaw Palka
West Virginia Law Review
Terms of Service (ToS) of online platforms often contain Consumer Unfriendly Terms (CUTs). The CUTs encompass clauses limiting consumers’ rights in dispute resolution, limitations on remedies, and corporations’ rights to unilaterally modify the service, delete users’ content, and benefit from their data. The ToS resemble the offline “boilerplate” but, given the context of their functioning—digital capitalism—they also exhibit some critical differences, rendering the context-specific analysis necessary.
This Article argues that the continued toleration of the CUTs is undesirable on economic and democratic grounds. In digital capitalism, online platforms often enjoy a (quasi-)monopolistic position. Further, they can (factually and legally) collect …
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright
West Virginia Law Review
Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.
Although enacting a comprehensive data privacy law …
Discrimination On Wheels: How Big Data Uses License Plate Surveillance To Put The Brakes On Disadvantaged Drivers, Nicole K. Mcconlogue
Discrimination On Wheels: How Big Data Uses License Plate Surveillance To Put The Brakes On Disadvantaged Drivers, Nicole K. Mcconlogue
Law Faculty Scholarship
As scholarly discourse increasingly raises concerns about the negative societal effects of “fintech,” “dirty data,” and “technochauvinism,” a growing technology provides an instructive illustration of all three of these problems. Surveillance software companies are using automated license plate reader (ALPR) technology to develop predictive analytical tools. In turn, software companies market those tools to auto financers and insurers as a risk assessment input to evaluate consumers seeking to buy a car. Proponents of this technology might argue that more information about consumer travel habits will result in more accurate and individualized risk predictions, potentially increasing vehicle ownership among marginalized groups. …
Data Privacy Issues In West Virginia: An Overview, Jena Martin
Data Privacy Issues In West Virginia: An Overview, Jena Martin
West Virginia Law Review Online
This essay is about data privacy in West Virginia. However, many of the issues that affect West Virginians also affect people around the country and the world. As such, it’s also an essay about the state of data privacy today and the current challenges that affect people nationally and globally. Part one provides a general overview of the current issues involving data privacy. Part two discusses the current legislative framework and the larger gaps in data privacy law. Part three summarizes the key takeaways based on responses to a survey and focus groups sessions conducted in West Virginia in 2019. …
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Consumer Law Scholarship
This white paper was commissioned by the Center for Consumer Law and Education, a joint initiative launched by West Virginia University and Marshall University to “coordinate the development of consumer law, policy, and education research to support and serve consumers.”
As such, this paper has a dual purpose. First, it provides a comprehensive overview of the many different legal issues that affect data privacy concerns (both nationally and in West Virginia). Second, it documents and discusses the result of a survey and specific focus groups that were undertaken throughout the fall of 2019 into January 2020 where individuals within the …
Cfpb Proposed Rule-Making Highlights, Bruce M. Jacobs Esq.
Cfpb Proposed Rule-Making Highlights, Bruce M. Jacobs Esq.
Center for Consumer Law and Education Events
No abstract provided.
The West Virginia Consumer Credit & Protection Act, Sandra M. Murphy Esq.
The West Virginia Consumer Credit & Protection Act, Sandra M. Murphy Esq.
Center for Consumer Law and Education Events
No abstract provided.
The Telephone Consumer Protection Act Of 1991, Danielle Waltz Esq.
The Telephone Consumer Protection Act Of 1991, Danielle Waltz Esq.
Center for Consumer Law and Education Events
No abstract provided.
Assent To Terms In Consumer Contracts, Anthony J. Majestro Esq.
Assent To Terms In Consumer Contracts, Anthony J. Majestro Esq.
Center for Consumer Law and Education Events
No abstract provided.
Your Home, Your Car, Your Money, Your Privacy, Our State, Norman Googel Esq.
Your Home, Your Car, Your Money, Your Privacy, Our State, Norman Googel Esq.
Center for Consumer Law and Education Events
No abstract provided.
Consumer Protection: Addressing Unintended Costs, Mark Mangano Esq.
Consumer Protection: Addressing Unintended Costs, Mark Mangano Esq.
Center for Consumer Law and Education Events
No abstract provided.
Implementation Of Civil Litigation Strategies In Consumer Cases, Troy Giatras Esq.
Implementation Of Civil Litigation Strategies In Consumer Cases, Troy Giatras Esq.
Center for Consumer Law and Education Events
No abstract provided.
Wv Division Of Financial Institutions: Regulatory Trends And Issues On The Horizon, Tracy Hudson Esq.
Wv Division Of Financial Institutions: Regulatory Trends And Issues On The Horizon, Tracy Hudson Esq.
Center for Consumer Law and Education Events
No abstract provided.
Financial Exploitation In West Virginia, James L. Lindsay Esq.
Financial Exploitation In West Virginia, James L. Lindsay Esq.
Center for Consumer Law and Education Events
No abstract provided.
Taxation Of Attorney's Fees, Jason Causey Esq.
Taxation Of Attorney's Fees, Jason Causey Esq.
Center for Consumer Law and Education Events
No abstract provided.
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
West Virginia Law Review
No abstract provided.
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
West Virginia Law Review
No abstract provided.
There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson
There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson
West Virginia Law Review
No abstract provided.
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan
West Virginia Law Review
No abstract provided.
Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller
Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller
West Virginia Law Review
No abstract provided.
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.
The Multistate Consumer Class Action: Local Solutions, National Problems, Allen R. Kamp
The Multistate Consumer Class Action: Local Solutions, National Problems, Allen R. Kamp
West Virginia 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 …
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--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray
Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray
West Virginia Law Review
No abstract provided.
Products Liability--West Virginia Consumer Credit And Protection Act--Definitional Inadequacies, Gerlad R. Stowers
Products Liability--West Virginia Consumer Credit And Protection Act--Definitional Inadequacies, Gerlad R. Stowers
West Virginia Law Review
No abstract provided.
Consumer Protection--The Holder-In-Due-Course Defense In Consumer Sales, Daniel Foster Hedges
Consumer Protection--The Holder-In-Due-Course Defense In Consumer Sales, Daniel Foster Hedges
West Virginia Law Review
No abstract provided.
The Uniform Consumer Credit Code, John T. Copenhaver Jr.
The Uniform Consumer Credit Code, John T. Copenhaver Jr.
West Virginia Law Review
No abstract provided.
Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice
Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice
West Virginia Law Review
No abstract provided.