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All Articles in Consumer Protection Law

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Will Congress Remove Consumer Credit “Seat Belts”?, Christopher L. Peterson 2017 S.J. Quinney College of Law, University of Utah

Will Congress Remove Consumer Credit “Seat Belts”?, Christopher L. Peterson

Utah Law Faculty Scholarship

The CFPB has faced criticism not because it is out of control, but because it is effective. If the CFPB were bringing crazy cases, hundreds of federal judges appointed by Republican and Democratic presidents would simply dismiss the agency’s complaints. And some of those judges would enjoy doing so. Too many of America’s financiers are betting it will be easier to strangle the watchdog than actually follow the rules or pay up when they make a mistake. And worse, too many politicians, pundits, and astroturf-think-tanks-for-the-wealthy want to score political points by taking down what may be the best ...


A Generic A Day Keeps The Lawyer Away, Cara Brumfield 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Generic A Day Keeps The Lawyer Away, Cara Brumfield

Nevada Law Journal

No abstract provided.


Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin 2017 University of Michigan Law School

Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin

Law & Economics Working Papers

A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere ...


The Behavioral Paradox Of Boilerplate, Tess Wilkinson-Ryan 2017 University of Pennsylvania Law School

The Behavioral Paradox Of Boilerplate, Tess Wilkinson-Ryan

Faculty Scholarship

Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are at best potentially helpful, and at worst harmless. This Article makes the empirical case that unread terms are not a neutral part of American commerce; instead, the mere fact of fine print inhibits reasonable challenges to unfair deals. The experimental study reported here tests the ...


Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik 2017 Boston College Law School

Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik

Boston College Law Review

On April 29, 2016, in Yershov v. Gannett Satellite Information Network, Inc. (“Yershov II”), the U.S. Court of Appeals for the First Circuit held that the Video Privacy Protection Act (“VPPA”) of 1988 extended to a free application provider who disclosed its users’ GPS coordinates, phone identification numbers, and video histories to a data analytics company. In a similar case, the U.S. Court of Appeals for the Eleventh Circuit held that the VPPA did not apply because the relationship was too weak to render the user a “subscriber” under the Act. The U.S. Court of Appeals for ...


Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon 2017 Barry University School of Law

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.


Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green 2017 Boston College Law School

Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green

Boston College Law Review

The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing ...


Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland 2017 Boston College Law School

Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland

Boston College Law Review

State statutes prohibit unjust or unreasonable natural gas utility rates. Public Utility Commissions (“PUCs”) administer these state laws and permit gas distribution companies to recover natural gas commodity costs related to lost and unaccounted for gas from customers through “purchased gas adjustment clauses.” In most of those states, PUCs permit "total recovery" of all lost and unaccounted for gas costs via these clauses using periodic rate adjustments. A small number of PUCs have reformed purchase gas adjustment clauses in order to incentivize gas distribution companies to reduce lost and unaccounted for gas. This Note advocates for all state public utility ...


Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell 2017 Georgetown University Law Center

Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell

Georgetown Law Faculty Publications and Other Works

This article describes major changes in how video content and advertising is delivered to consumers. Digital technologies such as broadband allow consumers to stream or download programming. Smart phones and tablets allow consumers to view screen content virtually anywhere at any time. Advertising has become personalized and integrated with other content.

Despite these major changes in the media markets, the framework for regulating advertising to children has not changed very much since the 1990s. This article argues that the existing regulatory framework must be reinvented to protect children in the digital age. It uses Google’s recently introduced YouTube Kids ...


High-Interest Loans And Class: Do Payday And Title Loans Really Serve The Middle Class, Nathalie Martin 2017 Selected Works

High-Interest Loans And Class: Do Payday And Title Loans Really Serve The Middle Class, Nathalie Martin

Nathalie Martin

No abstract provided.


Using Data Exclusivity Grants To Incentivize Cumulative Innovation Of Biologics' Manufacturing Processes, Eric Lawrence Levi 2017 American University Washington College of Law

Using Data Exclusivity Grants To Incentivize Cumulative Innovation Of Biologics' Manufacturing Processes, Eric Lawrence Levi

American University Law Review

No abstract provided.


Mandated Ethical Hacking—A Repackaged Solution, Corinne Moini 2017 University of Richmond

Mandated Ethical Hacking—A Repackaged Solution, Corinne Moini

Law Student Publications

Hacking to prove a point or to expose technological vulnerabilities has been around since the 1960s, but it has been labeled and packaged differently as “white hacking” or “ethical hacking.” This article suggests that smart toy manufacturers, such as Mattel and VTech, should be subject to required vulnerability testing which utilizes ethical hacking under the Consumer Product Safety Improvement Act (“CPSIA”). More specifically, this article proposes to amend the Toy Safety Standard, ASTMF- 963-11, to include smart toys connected to the internet. The CPSIA and Consumer Product Safety Commission (“CPSC”) impose safety testing on all toys intended for use by ...


Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. McGowan 2017 Pulman, Cappuccio, Pullen & Benson LLP

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

SMU Annual Texas Survey

No abstract provided.


The Future Is Mobile: Financial Inclusion And Technological Innovation In The Developing World, Eleanor Lumsden 2017 Golden Gate University School of Law

The Future Is Mobile: Financial Inclusion And Technological Innovation In The Developing World, Eleanor Lumsden

Publications

The digital revolution is in full bloom and technology is being used to solve the world’s most challenging problems, yet traditional banking excludes many of the world’s poorest from taking advantage of the full fruits of the financial system. Especially in developing countries, implementing mobile financial systems can speed financial inclusion and spur economic growth. There is space for regulatory reform that addresses concerns with data security and consumer privacy yet does not stifle innovation. Throughout history, resistance to innovation has generally proved futile, and countries that refuse to change risk missing opportunities.


2015-2016 Legislative Summary, Assembly Committee on Privacy and Consumer Protection 2017 Golden Gate University School of Law

2015-2016 Legislative Summary, Assembly Committee On Privacy And Consumer Protection

California Agencies

No abstract provided.


Consumer-Iot: Where Every Thing Collides Promoting Consumer Internet Of Things Protection In Australia., Kate Mathews-Hunt 2017 Bond University

Consumer-Iot: Where Every Thing Collides Promoting Consumer Internet Of Things Protection In Australia., Kate Mathews-Hunt

Theses

The ‘smart’(ly) disruptive world of the consumer internet of things (CIOT) is here. Australian consumers are poised to live in ‘smart’ homes, monitor their ‘smart’ selves and ride in ever- ‘smart’er cars, while smart(er) cities, transport and industrial IOT brilliance changes their world, and the world around them, irretrievably. This thesis both celebrates and exposes this radical, impending CIOT-driven disruption in all its consumer-abusive, privacy-intrusive glory. It posits that consumers and regulators do not yet understand the adverse implications of this new panopticon technology which surveys everything and blurs traditional understandings of human autonomy and privacy, nor ...


The Taking Economy: Uber, Information, And Power, Ryan Calo, Alex Rosenblat 2017 University of Washington School of Law

The Taking Economy: Uber, Information, And Power, Ryan Calo, Alex Rosenblat

Articles

Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other value but raises concerns around racial bias, safety, and fairness to competitors and workers that legal scholarship has begun to address. Missing from the literature, however, is a fundamental critique of the sharing economy grounded in asymmetries of information and power.

This Essay, coauthored by a law professor and a technology ethnographer who studies work, labor, and technology, furnishes such a critique and proposes a meaningful response through updates to consumer protection law. Commercial firms have long used what ...


Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), Tyler Barbacovi 2017 John Marshall Law School

Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017), Tyler Barbacovi

The John Marshall Review of Intellectual Property Law

The prevalence of ad blocking software (software that prevents the loading of web based advertisements) is a growing problem for website owners and content creators who rely on advertising revenue to earn money. While the number of ad block users continues to increase, there has thus far been no significant legal challenge to ad blocking in the United States. This comment examines how a website owner, through a combination of technological improvements and the anti-circumvention provisions of the Digital Millennium Copyright Act, could successfully raise a legal challenge against the purveyors of ad blocking software.


Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja 2017 John Marshall Law School

Commercial Creations: The Role Of End User License Agreements In Controlling The Exploitation Of User Generated Content, 16 J. Marshall Rev. Intell. Prop. L. 382 (2017), Neha Ahuja

The John Marshall Review of Intellectual Property Law

This article considers the current licensing regime used to control the exploitation of copyright protected works within the online interactive entertainment sector—particularly virtual worlds including multiplayer online games—to further author new copyrightable works. This article aims to identify the gaps that have arisen on account of the nature of these subsequently authored works and the potential for their exploitation under the said licensing regime. Users and the proprietors of virtual worlds often end up in conflict over the monetization and commercialization of user generated content on account of contradictory yet overlapping rights created by copyright law when controlled ...


Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu 2017 Washington University School of Law

Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu

Washington University Global Studies Law Review

Despite its legal status, tobacco products, due to the potential harmful effects on health, have never been free from various governmental regulations. However, it was easier said than done to regulate them as governments wished, and in fact there were numerous failed attempts. Thus, governments tried to come up with a better and more effective regulation that will reduce the tobacco consumption thereby promoting public health, under the name of public health of their citizens. And plain tobacco packaging measures are the latest solution suggested.

The introduction of the plain tobacco measures has stirred huge controversy (understandably so), since it ...


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