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Consumer Protection Law Commons

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Full-Text Articles in Consumer Protection Law

Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock Feb 2024

Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock

West Virginia Law Review

No abstract provided.


Terms Of Injustice, Przemyslaw Palka Feb 2024

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 Jan 2023

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 May 2022

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 Sep 2021

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 Jun 2021

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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. May 2019

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 Dec 2016

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 Sep 2014

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 Sep 2013

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 Sep 2010

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 Jan 2008

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 Jan 1992

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 Jan 1985

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 Jan 1978

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 Apr 1975

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 Apr 1975

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 Feb 1975

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 Sep 1971

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. Dec 1968

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 Feb 1967

Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice

West Virginia Law Review

No abstract provided.