Video Review; Routine Data Sharing Practices Place Video-Streaming Providers In The Crosshairs Of The Video Privacy Protection Act, Jeremiah P. Ledwidge
Brooklyn Journal of Corporate, Financial & Commercial Law
The Video Privacy Protection Act of 1988 (VPPA) creates a private cause of action for any consumer whose personally identifiable information has been disclosed by a video tape service provider to a third party. The rapid growth of media companies that provide free internet-based video-streaming services, and the technologically-advanced advertising methods employed to fund this business model, have created uncertainty regarding the specific consumer segments the VPPA is designed to protect. The extensive role that third-party providers play in the collection, analysis, and segmentation of user data in the personalized advertising process raises justifiable privacy concerns for consumers. Recent VPPA ...
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with ...
Brief Of Amici Curiae Finance Regulation Scholars In Support Of Plaintiff's Motion For A Preliminary Injunction In English V. Trump, Patricia A. Mccoy
Boston College Law School Faculty Papers
Professor McCoy was the lead author of an amicus brief in support of the lawsuit by CFPB Deputy Director Leandra English against the Trump Administration, asserting that she lawfully became the Acting Director of the Consumer Financial Protection Bureau under the Dodd-Frank Act.
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, 2017 University of California, Berkeley, School of Law
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this ...
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, 2017 Singapore Management University
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
Research Collection School Of Law
Singapore hasrecently amended its Consumer Protection(Fair Trading) Act in response to callsfor tougher action against unscrupulous traders. The revisions were aimed atstrengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatorypowers, enhanced court powers and added one substantive consumer remedy.Despite this, the authors argue that Singapore’s consumer protection regimeremains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on howthe broad investigatory powers and harsher court powers are to be implemented;no measures to encourage ...
Reflections On Liability Of Air Carriers For Delay, 2017 City University of Hong Kong
Reflections On Liability Of Air Carriers For Delay, Vernon Nase
The University of Notre Dame Australia Law Review
This paper provides an analysis of both international and Australian law on the liability of air carriers and compensation for delay. It discusses the need for States to develop standard regulatory responses to delay in international carriage. It uses the EC Regulation and the New Zealand legislation as models for developing clearer legal principles and ensuring appropriate compensation for passengers affected by delay. It concludes that domestic regulation and guidance regarding delay and overbooking of flights is required to ensure appropriate liability of air carriers and clarity for passengers.
Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, 2017 Adeleke University, Ede
Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele
Journal of International Technology and Information Management
This paper provides an overview of the current state of privacy and data protection policies and regulations in Nigeria. The paper contends that the extant legal regime in Nigeria is patently inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view is based on the critical analysis of the current legal regime in Nigeria vis-à-vis the review of some vital data privacy issues. The paper makes some recommendations for the reform of the law.
Holding Investment Bankers Liable For Aiding And Abetting Corporate Directors: The Under-Deterrent, 2017 Brigham Young University Law School
Holding Investment Bankers Liable For Aiding And Abetting Corporate Directors: The Under-Deterrent, Maren Worley
Brigham Young University Journal of Public Law
No abstract provided.
Consumer Class Actions: Who Are The Real Winners?, 2017 University of Maine School of Law
Consumer Class Actions: Who Are The Real Winners?, Edward F. Sherman
Maine Law Review
The class action is one of the most controversial procedural devices in the American legal system. In the years since an expanded class action rule was adopted in 1966, class actions have grown in scope and number, and suits by consumers have accounted for an increasing share of class actions suits. By allowing individuals to sue not only for themselves, but also on behalf of others similarly situated, the class action “empowers plaintiffs to bring cases that otherwise either would not be possible or would only be possible in a very different form.” Business critics see this as enabling “lawyers ...
Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, 2017 Boston College Law School
Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert
Boston College Law Review
Worldwide seafood markets have a major problem: too often, the seafood listed on the menu is of a different species than what is served. This phenomenon—known as seafood fraud—and the related practice of illegal, unreported, and unregulated fishing threatens the sustainability of our oceans, poses health risks to consumers, and forces consumers to pay a high price for a cheap product. Previous domestic and international efforts to combat this issue have failed for a number of reasons, including the international nature of the industry, a byzantine supply chain, the large number of entities responsible for combatting the issue ...
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, 2017 The Catholic University of America, Columbus School of Law
Who Are The Real Cyberbullies: Hackers Or The Ftc? The Fairness Of The Ftc’S Authority In The Data Security Context, Jaclyn K. Haughom
Catholic University Law Review
As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take ...
Choosing Corporations Over Consumers: The Financial Choice Act Of 2017 And The Cfpb, 2017 S.J. Quinney College of Law, University of Utah
Choosing Corporations Over Consumers: The Financial Choice Act Of 2017 And The Cfpb, Christopher L. Peterson
Utah Law Faculty Scholarship
The Financial Choice Act of 2017 is appropriately named in at least one sense: its proposed restrictions on the authority of the Consumer Financial Protection Bureau reflect a choice by the House of Representatives to protect financial companies at the expense of consumers. This choice is borne out by the data. As this empirical review of CFPB enforcement cases demonstrates, nearly all of the relief provided to American consumers in CFPB enforcement cases arose where a bank, credit union, or other finance company deceived their customers about a material aspect of their product or service. Between 2012 and 2016, the ...
Do We Need Help Using Yelp? Regulating Advertising On Mediated Reputation Systems, 2017 Willamette University College of Law
Do We Need Help Using Yelp? Regulating Advertising On Mediated Reputation Systems, David Adam Friedman
University of Michigan Journal of Law Reform
Yelp, Angie’s List, Avvo, and similar entities enable consumers to access an incredibly useful trove of information about peer experiences with businesses and their goods and services. These “mediated reputation systems,” gatherers and disseminators of consumer peer opinions, are more trusted by consumers than traditional commercial channels. They are omnipresent, carried everywhere on mobile devices, and used by consumers ready to transact.
Though this information is valuable, a troubling conflict emerges in its presentation. Most of these reputation platforms rely heavily on advertising sales to support their business models. This reliance compels these entities to display persuasive advertising right ...
Understanding The Consumer Review Fairness Act Of 2016, 2017 Santa Clara University School of Law
Understanding The Consumer Review Fairness Act Of 2016, Eric Goldman
Michigan Technology Law Review
Consumer reviews are vitally important to our modern economy. Markets become stronger and more efficient when consumers share their marketplace experiences and guide other consumers toward the best vendors and away from poor ones. Businesses recognize the importance of consumer reviews, and many businesses take numerous steps to manage how consumer reviews affect their public image. Unfortunately, in a misguided effort to control consumer reviews, some businesses have deployed contract provisions that ban or inhibit their consumers from reviewing them. I call those provisions “antireview clauses.”
Anti-review clauses distort the marketplace benefits society gets from consumer reviews by suppressing peer ...
A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, 2017 University of Maine School of Law
A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman
Maine Law Review
In Illinois Tool Works Inc. v. Independent Ink, Inc., an ink manufacturer sought to invalidate patents held by a printing system manufacturer by alleging that the patents resulted in illegal tying and monopolization in violation of Sections 1 and 2 of the Sherman Act. This action was preceded by an infringement action brought by Illinois Tool Works (ITW), which was dismissed for lack of personal jurisdiction. Independent Ink (Independent) responded by seeking a judgment of non-infringement and invalidity of patents against ITW. The district court granted summary judgment in favor of ITW on both counts. The court of appeals reversed ...
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, 2017 Seattle University School of Law
Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck
Seattle University Law Review
This Note seeks to address the issues concerning the FDA’s approval of genetically modified salmon for consumption, arguing that the FDA did not properly vet AquAdvantage salmon, as well as relied on inappropriate criteria in their approval of its market use. Part I provides a brief history of AquAdvantage salmon’s introduction to U.S. markets and the legal actions taken in response to the FDA ruling. Part II discusses the statutes and regulations fundamentally relevant to GE products, as well as a critique of the way each regulation was used to approve AquAdvantage. Part III offers a comparison ...
Crossing The Line: Prime, Subprime, And Predatory Lending, 2017 University of Maine School of Law
Crossing The Line: Prime, Subprime, And Predatory Lending, Nathaniel R. Hull
Maine Law Review
The cornerstone of the “American Dream” has long been marked by the purchase of a home. Most families cannot afford to purchase a home with cash and, almost universally, need financing. Financing for a home purchase begins when a person or couple applies and is preliminarily approved for a home loan by a lender. The lender’s decision to approve is based on a number of different factors that are thought to predict how likely it is for the borrower to repay the loan according to its terms. The factors used to make this prediction have undergone drastic reformulations over ...
Credit Cards, Attorney's Fees, And The Putative Debtor: A Pyrrhic Victory? Putative Debtors May Win The Battle But Nevertheless Lose The War, 2017 University of Maine School of Law
Credit Cards, Attorney's Fees, And The Putative Debtor: A Pyrrhic Victory? Putative Debtors May Win The Battle But Nevertheless Lose The War, Jennifer M. Smith
Maine Law Review
For decades, scholars have written about credit cards and attorney’s fees, but rarely together. This Article addresses the current financial crises of Americans, the credit card industry (including the Bankruptcy Abuse Prevention and Consumer Protection Act) and attorney’s fees—perhaps a unique combination. It is based upon an actual case that left the putative debtor in a worse financial crisis than before the lawsuit was filed. This Article addresses the current credit card industry and its detrimental impact on society, and it discusses the history and purpose of attorney’s fees, as well as the pitfalls in attorney ...
Leverage: State Enforcement Actions In The Wake Of The Robo-Sign Scandal, 2017 University of Maine School of Law
Leverage: State Enforcement Actions In The Wake Of The Robo-Sign Scandal, Raymond H. Brescia
Maine Law Review
In the fall of 2010, the revelations that tens of thousands of foreclosure filings across the nation were likely fraudulent—if not outright criminal—sparked a nation-wide investigation by all fifty state attorneys general to assess the extent of the scandal and its potential impacts, but also to consider likely legal and policy responses to such behavior. One of the tools at the state attorneys general’s disposal that might rein in this behavior includes each state’s Unfair and Deceptive Acts and Practices (UDAP) laws. Such laws typically prohibit “unfair” and “deceptive” practices, which are described loosely in these ...
Consumer Financial Protection And Human Rights, 2017 Rutgers Law School (Newark)
Consumer Financial Protection And Human Rights, Chrystin Ondersma
Cornell International Law Journal
This summer the Consumer Financial Protection Bureau proposed a rule that would restrict the use of mandatory arbitration clauses in consumer financial credit contracts. With the administration and Congress seemingly eager to pull back on consumer financial regulations, it is crucial to examine the rights at stake. Many financial institutions have agreed to protect and promote human rights, so pressure from consumers, human rights organizations, and consumer protection advocates may succeed even though Congress has declined to promulgate the CFPB’s proposed rule. This Article argues that the existing binding, mandatory arbitration system in consumer credit contracts is inconsistent with ...