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Articles 1 - 17 of 17
Full-Text Articles in Consumer Protection Law
The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena
The Contours Of The Parallel Claim Exception: The Supreme Court's Opportunity To Define The Ill-Defined, Jarret Sena
Fordham Urban Law Journal
No abstract provided.
Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris
Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris
Fordham Urban Law Journal
This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any “unlawful,” “unfair,” or “deceptive” acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime—which has been the law of the land for several decades—carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest stages. Unfortunately, that promise …
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fordham Urban Law Journal
No abstract provided.
A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy
A Sum Uncertain: Preserving Due Process And Preventing Default Judgments In Consumer Debt Buyer Lawsuits In New York, Conor P. Duffy
Fordham Urban Law Journal
No abstract provided.
Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan
Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan
Fordham Urban Law Journal
No abstract provided.
A Simple Approach To Preventing The Next Housing Crisis-Why We Need One, What One Would Look Like, And Why Dodd-Frank Isn't It, David A. Dana
A Simple Approach To Preventing The Next Housing Crisis-Why We Need One, What One Would Look Like, And Why Dodd-Frank Isn't It, David A. Dana
Fordham Urban Law Journal
This article considers the adequacy of The Dodd-Frank Act in terms of its potential ability to prevent another crisis in the housing market. The author argues that Dodd-Frank, even if implemented broadly, will not address the key problem of excess complexity in the housing and financial markets. The author then suggests additional reform focusing on simplicity, exemplified by the existing regulatory framework in Denmark. Lastly, the author addresses the current political economy, which is blamed for making the passage of effective regulation too difficult.
Reforming Regulation In The Markets For Home Loans, Susan Block-Lieb, Edward J. Janger
Reforming Regulation In The Markets For Home Loans, Susan Block-Lieb, Edward J. Janger
Fordham Urban Law Journal
This article explores the content and institutional context for recently revised regulation of the markets for residential mortgages. The authors compare and contrast the House and Senate bills relating to the market for home loans proposed and/or passed in the wake of the 2008 financial crisis and examines how the Dodd-Frank Act reconciled the various proposals. The article also focuses on the creation and role of the Bureau of Consumer Financial Protection. Lastly, this article examines the portion of the Dodd-Frank Act intended to regulate predatory mortgages.
Over-Indebtedness, The Subprime Mortgage Crisis, And The Effect On U.S. Cities, A. Mechele Dickerson
Over-Indebtedness, The Subprime Mortgage Crisis, And The Effect On U.S. Cities, A. Mechele Dickerson
Fordham Urban Law Journal
This article discusses the rise of consumer debt in the United States, and argues that relaxed lending standards resulting in more people buying unaffordable homes. The current financial crisis and its effects on homeowners are examined, as well as policy responses to the crisis. The author suggests that instead of waiting for federal bailouts, localities take proactive steps to prevent the crisis from destroying their cities. Finally, the article stresses that the crisis threatens to leave urban areas with a significant number of abandoned homes and that an increase in distressed neighborhoods may reverse years of urban renewal projects.
Reducing Home Mortgage Foreclosures In A Predatory Lending Environment: A Case Study Of Mid-Sized City In Central New York, Sandra Phillips
Reducing Home Mortgage Foreclosures In A Predatory Lending Environment: A Case Study Of Mid-Sized City In Central New York, Sandra Phillips
Fordham Urban Law Journal
This article discusses the growing problem of predatory lending, particularly in low-income, inner city neighborhoods, with a case study of communities in Syracuse, New York. The author documents mortgage lending activities and foreclosure patterns in central New York and argues for continued education throughout the home-buying process. A program that reduced foreclosures in low-income urban neighborhoods is discussed. The article also identifies red flags for those involved in the eradication of predatory lending to be altered to, and examines recent federal legislation to strengthen mortgage lending guidelines and reduce foreclosures. The author concludes that Congress should support foreclosure-prevention education initiatives.
Rewriting Contracts, Wholesale: Data On Voluntary Mortgage Modifications From 2007 And 2008 Remittance Reports, Alan M. White
Rewriting Contracts, Wholesale: Data On Voluntary Mortgage Modifications From 2007 And 2008 Remittance Reports, Alan M. White
Fordham Urban Law Journal
This article examines voluntary efforts by mortgage servicers to resolve the mortgage debt overhang by renegotiating mortgage terms with borrowers. Data from national reports on mortgage modifications, as well as from monthly remittance reports by mortgage servicers to their investors is analyzed. The author provides background of the voluntary plan to resolve the subprime mortgage crisis and previous reports on voluntary loan modifications, and presents data on loan modification outcomes. The author concludes that the voluntary mortgage renegotiation plan, while significantly reducing hardship for individual homeowners temporarily, does little to get at the underlying problem of debt overhang. Furthermore, that …
Infomercials, Deceptive Advertising And The Federal Trade Commission, W.H. Ramsay Lewis
Infomercials, Deceptive Advertising And The Federal Trade Commission, W.H. Ramsay Lewis
Fordham Urban Law Journal
Recently, there has been growing concern among consumers, broadcasters and the Federal Trade Commission that infomercials may be a form of deceptive advertising. This note applies Federal Trade Commission guidelines to the infomercial format and concludes that infomercials are precariously close to violating commonly held standards for deceptive advertising. This note advocates that the Federal Trade Commission promulgate new standards requiring infomercials to identify themselves to consumers at all times as paid advertisements, so as to reduce the risk of consumers being unfairly fooled by advertisers.
Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly
Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly
Fordham Urban Law Journal
The Federal Reserve Board (FRB) is the central, single agency for issuing all regulations on credit disclosures. It administers the Truth in Lending Act pursuant to Title I of the Consumer Credit Protection Act. Congress intended the FRB to consolidate all disclosure requirements but the FRB did so in a confusing fashion. It utilizes three different methods of disseminating truth-in-lending information: (1) through the publication of Regulation Z, an administrative code, to prescribe disclosure rules; (2) through interpretations of the rules; and (3) through staff opinion letters. The confusion resulted from disagreements in the applicable law between the three methods. …
Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney
Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney
Fordham Urban Law Journal
The past several years have witnessed considerable growth in the power and number of New York governmental consumer protection agencies. New and potent statutory powers have been granted to the Attorney General. At the local level, cities, counties, and towns have created consumer agencies and granted many of them enforcement and rulemaking powers. Legislation on all levels of state government regulates an increasing number of commercial activities for the protection of consumers. That legislation has likewise led to greater cooperation among state and local consumer agencies. This Comment will examine the structures and powers of the various New York State …
Revolution And Counterrevolution: The Supreme Court On Creditors Remedies, Earl Phillips
Revolution And Counterrevolution: The Supreme Court On Creditors Remedies, Earl Phillips
Fordham Urban Law Journal
Creditors have more than a dozen prejudgment, no-notice remedies which permit them to seize or encumber a debtor's property even before the creditor has sued the debtor and recovered a judgment. Moreover, a creditor may take a debtor's property without giving the debtor prior notice and the opportunity to oppose the taking in a judicial proceeding. These extraordinary remedies have been employed in England and the United States for centuries and in the 1920s the Supreme Court affirmed their constitutionality. However, in a set of decisions beginning in with Sniadach v. Family Finance Corp. in 1969 and Fuentes v. Shevin …
Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain
Advertising Regulation: The Contemporary Ftc Approach, Gerald J. Thain
Fordham Urban Law Journal
This article deals with the Federal Trade Commission's traditional activities of adjudication and rule-making by discussing expansion of theories of violation, standards of proof and remedies in advertising cases brought under section 5 of the FTC Act. Specifically, the article discusses pending cases and the FTC's involvement in deceptive advertising, the "Unfairness Doctrine," and the problems associated with advertising targeted at children. The article then evaluates the FTC's alternative approaches to adjudication and rule-making through its substantiation program and stance on counter-advertising.
Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act
Unsafe At Any Rate- The New York Motor Vehicle Retail Instalment Sales Act
Fordham Urban Law Journal
This article focuses on motor vehicle retail instalment contracts and their impact on consumer credit development, the abuses they have engendered, and the pattern of regulation which has grown around them. The article first addresses the history of the market and then examines the New York Motor Vehicle Retail Instalment Sales Act, urging legislative reform.
Comment: An Analysis Of The Fair Credit Reporting Act
Comment: An Analysis Of The Fair Credit Reporting Act
Fordham Urban Law Journal
This comment will examine the Fair Credit Reporting Act and discuss the significance of the more important provisions.