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Articles 1 - 30 of 43
Full-Text Articles in Consumer Protection Law
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Defining And Demystifying Automated Decision Systems, Rashida Richardson
Maryland Law Review
No abstract provided.
Data-Informed Duties In Ai Development, Frank A. Pasquale
Data-Informed Duties In Ai Development, Frank A. Pasquale
Faculty Scholarship
Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and should be subject to punitive damages when such use is repeated or willful. Regulatory standards for data collection, analysis, use, and stewardship can inform and complement generalist judges. Such regulation will not only provide guidance to …
Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler
Platform Advocacy And The Threat To Deliberative Democracy, Abbey Stemler
Maryland Law Review
Businesses have long tried to influence political outcomes, but today, there is a new and potent form of corporate political power—Platform Advocacy. Internet-based platforms, such as Facebook, Google, and Uber, mobilize their user bases through direct solicitation of support and the more troubling exploitation of irrational behavior. Platform Advocacy helps platforms push policy agendas that create favorable legal environments for themselves, thereby strengthening their own dominance in the marketplace. This new form of advocacy will have radical effects on deliberative democracy.
In the age of constant digital noise and uncertainty, it is more important than ever to detect and analyze …
What's The Big Hurry? The Urgency Of Data Breach Notification, Ellen Cornelius
What's The Big Hurry? The Urgency Of Data Breach Notification, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Sexual Privacy, Danielle Keats Citron
Sexual Privacy, Danielle Keats Citron
Faculty Scholarship
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Maryland Law Review
No abstract provided.
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Maryland Law Review
No abstract provided.
In Defense Of The Long Privacy Statement, Mike Hintze
In Defense Of The Long Privacy Statement, Mike Hintze
Maryland Law Review
No abstract provided.
Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale
Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale
The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Faculty Scholarship
No abstract provided.
Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck
Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck
Maryland Law Review
Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.
The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …
Vindicating Bankruptcy Rights, Kara J. Bruce
Vindicating Bankruptcy Rights, Kara J. Bruce
Maryland Law Review
No abstract provided.
Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz
Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz
Faculty Scholarship
This is the accepted version of the article. The final published version is available at
https://journals.sagepub.com/doi/abs/10.1177/0098858816644715
The Hidden Scam: Why Consumers Should No Longer Be Forced To Shoulder The Burden Of Liability For Mobile Cramming, Caroline E. Sweet
The Hidden Scam: Why Consumers Should No Longer Be Forced To Shoulder The Burden Of Liability For Mobile Cramming, Caroline E. Sweet
Journal of Business & Technology Law
No abstract provided.
Unfair And Deceptive Robots, Woodrow Hartzog
Unfair And Deceptive Robots, Woodrow Hartzog
Maryland Law Review
No abstract provided.
The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough
The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough
Maryland Law Review
No abstract provided.
(Still) "Unsafe At Any Speed": Why Not Jail For Auto Executives?, Rena I. Steinzor
(Still) "Unsafe At Any Speed": Why Not Jail For Auto Executives?, Rena I. Steinzor
Faculty Scholarship
Americans can be forgiven for wondering what has gone so drastically wrong with the companies that sell automobiles. In 2014, 64 million, a number equivalent to one in five of the cars on the road, was recalled. Safety defects such as the lack of torque in ignition switches installed in GM compact cars like the Cobalt put motorists in the terrifying position of coping with a stalled engine and loss of power brakes while traveling at high speeds. GM had the audacity to classify this condition was not a safety defect, but instead was merely “inconvenient” for its customers. It …
Reforming The Law Of Reputation, Frank A. Pasquale
Reforming The Law Of Reputation, Frank A. Pasquale
Faculty Scholarship
Unfair and deceptive practices of controllers and processors of data have adversely affected many citizens. New threats to individuals’ reputations have seriously undermined the efficacy of extant regulation concerning health privacy, credit reporting, and expungement. The common thread is automated, algorithmic arrangements of information, which could render data properly removed or obscured in one records system, nevertheless highly visible or dominant in other, more important ones.
As policymakers reform the law of reputation, they should closely consult European approaches to what is now called the “right to be forgotten.” Health privacy law, credit reporting, and criminal conviction expungement need to …
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Faculty Scholarship
Debt buyers have flooded courts nationwide with collection lawsuits against consumers. This article reports the findings from the broadest in-depth study of debt buyer litigation outcomes yet undertaken. The study demonstrates that in debt buyer cases, (1) the vast majority of consumers lose the vast majority of cases by default the vast majority of the time; (2) consumers had no lawyer in ninety-eight percent of the cases; and (3) those who filed a notice that they intended to defend themselves without an attorney fared poorly, both in court and in out of court settlements.
This study challenges the notion that …
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank A. Pasquale, Tara Adams Ragone
Protecting Health Privacy In An Era Of Big Data Processing And Cloud Computing, Frank A. Pasquale, Tara Adams Ragone
Faculty Scholarship
This Article examines how new technologies generate privacy challenges for both healthcare providers and patients, and how American health privacy laws may be interpreted or amended to address these challenges. Given the current implementation of Meaningful Use rules for health information technology and the Omnibus HIPAA Rule in health care generally, the stage is now set for a distinctive law of “health information” to emerge. HIPAA has come of age of late, with more aggressive enforcement efforts targeting wayward healthcare providers and entities. Nevertheless, more needs to be done to assure that health privacy and all the values it is …
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland
Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland
Court Briefs
The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a …
A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne
A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne
Journal of Business & Technology Law
No abstract provided.
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Journal of Business & Technology Law
No abstract provided.
Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin
Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin
Journal of Business & Technology Law
No abstract provided.
Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts, Nicole F. Munro, Peter L. Cockrell
Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts, Nicole F. Munro, Peter L. Cockrell
Journal of Business & Technology Law
No abstract provided.
California Ex Rel. Harris V. Safeway, Inc.: Mismanaging The Intersection Of Antitrust And Labor Law, Peter L. Cooch
California Ex Rel. Harris V. Safeway, Inc.: Mismanaging The Intersection Of Antitrust And Labor Law, Peter L. Cooch
Journal of Business & Technology Law
No abstract provided.