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Articles 1 - 30 of 40
Full-Text Articles in Consumer Protection Law
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
University of Michigan Journal of Law Reform
This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …
Commercial Transactions And Consumer Protection, James R. Mccall
Commercial Transactions And Consumer Protection, James R. Mccall
Cal Law Trends and Developments
Because the preceding edition of this publication did not contain an article on trends in commercial transactions or consumer protection in California, this article will discuss selected decisions and developments in those fields during the years 1968 and 1969. The principal focus of this article will be the significant decisions made during this period that interpret or relate to the principal statutes in the two fields: the California Commercial Code, the Rees-Levering Automobile Sales Finance Act, and the Unruh Retail Installment Sales Act. These legislative enactments establish a comprehensive statutory pattern for regulation of all aspects of commercial law in …
Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat
Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat
William & Mary Law Review
This Article calls for a move to a new phase in courts’ attitudes toward consumer contracts. Currently, courts applying the unconscionability doctrine to consumer contracts focus on the characteristics of the parties and the transaction. We suggest that rather than examining each consumer contract in isolation, courts should inquire whether there is competition, or potential competition, over contracts in the supplier’s market. As we show, competition over contracts is different from competition over products or services. In order to assess the degree of competition, or potential competition, over contracts, courts should look at the particular features of the supplier’s market …
How The Rise Of Federal Bureaucratic Powers Challenges The Role Of Courts In Adjudicating Claims Of Injury Inflicted By Prescription Drugs, Denise K. Top
Golden Gate University Law Review
This Comment uses the recent Paxil litigation as an example of how the rise of federal bureaucratic powers, specifically those exercised by the FDA to administer the Food Drug and Cosmetic Act (hereinafter "FDCA"), increasingly challenge the role of courts in adjudicating tort claims of injury inflicted by prescription drugs. Part I explains the current labeling requirements for prescription drugs. Part II describes product liability law regarding claims involving prescription drugs. Part III analyzes the drug manufacturers' and FDA's defenses to state tort claims, specifically preemption and primary jurisdiction. Part IV discusses the current law as it applies to the …
Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin
Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin
Legislation and Policy Brief
Instead, it will simply argue that while the relevant monetary policymakers continue far too slowly in the pursuit of mortgage securities reform, lawmakers whose purview includes the housing sector should use this opportunity to pursue a two-part strategy of aggressively combating fraud in the terms and sales of individual mortgages and taking bold measures to ensure that not simply embattled mortgage-holders but the victims of fraudulent lending behavior can achieve financial sustainability, even as they keep ownership of their homes.
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.
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Seattle University Law Review
What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …
Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich
Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich
Annual Survey of International & Comparative Law
Digital certificates assure online shoppers that the online merchants with whom they are considering doing business in fact exist and that they are who they claim to be. Similarly, online merchants can also be certain that persons who place orders are really who they claim to be, and the order cannot be repudiated once it has been digitally signed. Authenticated digital signatures provide stronger evidence of the source and integrity of a message than an electronic replica of a physical handwritten signature affixed on hard copy output. Digital signature technology is not an absolute answer to all problems, but it …
An Alternative To The Uccc: Publicly Subsidised Consumer Loans, Steven Savner
An Alternative To The Uccc: Publicly Subsidised Consumer Loans, Steven Savner
Golden Gate University Law Review
Authors: Steven Savner, et al.
Arbitration Nation: Wireless Service Providers And Class Action Waivers, Alexander J. Casey
Arbitration Nation: Wireless Service Providers And Class Action Waivers, Alexander J. Casey
Washington Journal of Law, Technology & Arts
State consumer protection laws protect the public against unfair and deceptive trade practices. Plaintiffs seeking to invoke such consumer protection laws often bring class action suits to vindicate their rights. However, some jurisdictions have recently shown a willingness to enforce contract arbitration clauses that contain class action waivers. Such waivers prevent consumers from invoking class action status, and may also prevent them from enforcing relevant state consumer protection laws. Other courts, by contrast, have held that service contracts containing class action waivers violate relevant state consumer protection laws and are against public policy. Yet another group of courts facing the …
Mobile Marketing Derailed: How Curbing Cell-Phone Spam In Satterfield V. Simon & Schuster May Have Banned Text-Message Advertising, Gareth S. Lacy
Mobile Marketing Derailed: How Curbing Cell-Phone Spam In Satterfield V. Simon & Schuster May Have Banned Text-Message Advertising, Gareth S. Lacy
Washington Journal of Law, Technology & Arts
The risk of receiving cell-phone spam—in the form of unsolicited text messages—grows as advertisers increasingly target cell-phone users. The Telephone Consumer Protection Act of 1991 (TCPA) clearly prohibits unsolicited telephone calls made by an automated telephone dialing system (ATDS) without the recipient’s express prior consent. But until the Ninth Circuit’s decision in Satterfield v. Simon & Schuster, it was unclear how TCPA applied to text messages. Simon & Schuster argued their text messages were not “calls” under the TCPA and were not sent by an ATDS. The Ninth Circuit disagreed and held a text message is a “call.” The …
Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo
Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo
Brigham Young University International Law & Management Review
No abstract provided.
Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience, Andrea N. Person
Behavioral Advertisement Regulation: How The Negative Perception Of Deep Packet Inspection Technology May Be Limiting The Online Experience, Andrea N. Person
Federal Communications Law Journal
Privacy concerns associated with information available on the Internet has become a central focus for policymakers in Washington, D.C., and around the world. Specifically, the use of deep packet inspection (DPI) technology to offer behavioral advertising on the Internet has become the focus of policy discussions. While there are legitimate concerns related to improper use of this technology, the benefits of the proper use of DPI should not be overlooked. This Note asks how increasing regulatory barriers to limit online behavioral advertising could affect the consumer's experience online. To answer this question, this Note first looks at what DPI is, …
Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth
Future Imperfect: Googling For Principles In Online Behavioral Advertising, Brian Stallworth
Federal Communications Law Journal
In a remarkably short time, Google, Inc. has grown from two people working in a rented garage to a pervasive Internet force. Much of Google's unprecedented success stems from online advertising sales which employ behavioral advertising techniques-techniques that track consumer behavior--thereby increasing relevance and decreasing the cost of reaching a targeted audience. In the same span that saw Google's inception and explosive online dominance, the Federal Trade Commission has struggled to define not only the privacy issues involved in online behavioral advertising, but also the practice of behavioral advertising itself. Freed from the restraints of comprehensive federal laws and restrictive …
Question: What Is The Real And Proper Antitrust Welfare Standard? Answer: The True Consumer Welfare Standard, Steven C. Salop
Question: What Is The Real And Proper Antitrust Welfare Standard? Answer: The True Consumer Welfare Standard, Steven C. Salop
Loyola Consumer Law Review
No abstract provided.
Consumer Protection In The Eco-Mark Era: A Preliminary Survey And Assessment Of Anti-Greenwashing Activity And Eco-Mark Enforcement, 9 J. Marshall Rev. Intell. Prop. L. 742 (2010), Eric L. Lane
UIC Review of Intellectual Property Law
We stand at the dawn of the Eco-mark Era—a period in which green branding, advertising environmentally friendly products and services, and touting sustainable business practices will be pervasive and profitable. However, with the rise of green branding comes the temptation of greenwashing—making false or misleading claims regarding environmentally friendly products, services or practices. Instances of greenwashing appear to be on the rise, but we are seeing more activity to combat greenwashing by public enforcement and consumer class actions. In addition, green brand owners are protecting and enforcing their eco-marks, and trademark litigation involving green brands is becoming commonplace. How is …
Consumer-Generated Media And Advertising—Are They One And The Same? An Analysis Of The Amended Ftc Guides Concerning The Use Of Endorsements And Testimonials In Advertising, 10 J. Marshall Rev. Intell. Prop. L. 206 (2010), Jessica Godell
UIC Review of Intellectual Property Law
The advertising industry as well as the endorsements and testimonials that support advertising have been expanding into new mediums for years. As a result of this continual growth, the Federal Trade Commission (“FTC”) recently amended the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“The Guides”). The FTC, which sought to apply The Guides to consumer-generated media for the very first time, had not amended The Guides prior to these revisions in three decades. As a result, the changes garnered a number of mixed reactions from the media, consumers and the advertising and legal industries. Under the …
Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel
Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel
UIC John Marshall Journal of Information Technology & Privacy Law
“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
UIC John Marshall Journal of Information Technology & Privacy Law
Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …
Advancing Consumer Interests Through Ubiquitous Broadband: The Need For A New Spectrum, Meredith Attwell Baker
Advancing Consumer Interests Through Ubiquitous Broadband: The Need For A New Spectrum, Meredith Attwell Baker
Federal Communications Law Journal
Comprehensive and long-term spectrum reform can play a critical role in the FCC's development of a National Broadband Plan and in its consideration of Open Internet rules. More efficient and intensive use of the nation's spectrum resources would help provide a path to greater broadband deployment, competition and innovation for all consumers. Wireless and mobile technologies hold great promise to offer consumers new services to complement, extend, or even replace existing broadband offerings. A comprehensive review of the nation's spectrum policy is, therefore, necessary to ensure that wireless and mobile broadband services are not hamstrung by outdated rules or command-and-control …
Universal Service In The United States: A Focus On Mobile Communications, Steven G. Parsons, James Bixby
Universal Service In The United States: A Focus On Mobile Communications, Steven G. Parsons, James Bixby
Federal Communications Law Journal
The concept of universal service, providing affordable telecommunications to all citizens, has a long and changing history in the United States. Prior to the Telecommunications Act of 1996, efforts to achieve universal service were largely based on a complex web of implicit subsidies to basic landline local exchange residential service. The Act expanded and codified the concept of universal service and made the subsidies largely explicit. This Article evaluates the possible economic rationales for subsidizing voice communications and find them lacking. This Article argues that the weak rationale for subsidizing basic voice communications makes it critical that U.S. universal-service policy …
The Wall Street Reform Act Of 2010 And What It Means For Joe & Jane Consumer, Cody Vitello
The Wall Street Reform Act Of 2010 And What It Means For Joe & Jane Consumer, Cody Vitello
Loyola Consumer Law Review
No abstract provided.
Consumer Use And Government Regulation Of Title Pledge Lending, Todd J. Zywicki
Consumer Use And Government Regulation Of Title Pledge Lending, Todd J. Zywicki
Loyola Consumer Law Review
No abstract provided.
Estate Of Pew V. Cardarelli, Natallia Krauchuk
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
UIC Law Review
No abstract provided.
Federal Law Enforcement In The Home Mortgage Lending Market Enhanced By The "Fraud Enforcement And Recovery Act Of 2009", Nicholas Mccann
Federal Law Enforcement In The Home Mortgage Lending Market Enhanced By The "Fraud Enforcement And Recovery Act Of 2009", Nicholas Mccann
Loyola Consumer Law Review
No abstract provided.
Framing The Fairtax For The American Consumer: Tax-Inclusive? Tax-Exclusive? Why Not Both?, Peter R. Matejcak
Framing The Fairtax For The American Consumer: Tax-Inclusive? Tax-Exclusive? Why Not Both?, Peter R. Matejcak
Loyola Consumer Law Review
No abstract provided.
Toyota Sudden Acceleration: A Case Study Of The National Highway Traffic Safety Administration - Recalls For Change, Joel Finch
Loyola Consumer Law Review
No abstract provided.
Network Neutrality Generates A Contentious Debate Among Experts: Should Consumers Be Worried?, Cody Vitello
Network Neutrality Generates A Contentious Debate Among Experts: Should Consumers Be Worried?, Cody Vitello
Loyola Consumer Law Review
No abstract provided.
Predatory Innovation: An Analysis Of Allied Orthopedic V. Tyco In The Context Of Section 2 Jurisprudence, Jonathan Jacobson, Scott Sher, Edward Holman
Predatory Innovation: An Analysis Of Allied Orthopedic V. Tyco In The Context Of Section 2 Jurisprudence, Jonathan Jacobson, Scott Sher, Edward Holman
Loyola Consumer Law Review
No abstract provided.