Consumer Protection Law Commons^™

Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

Tort litigation over data breaches—defined here as the theft of one’s confidential information entrusted to another in a business transaction—most commonly involves the negligence cause of action. These claims turn on a number of issues that require searching analysis, including the manner in which the economic loss rule affects the tort duty, the relation between the negligence standard of care and strict liability, and the appropriate forms of compensable loss. Substantive analysis of these issues shows that they all can be resolved in favor of the negligence claim, which in turn justifies a rule of strict liability ...

Protecting Confidential Information Entrusted To Others In Business Transactions: Data Breaches, Identity Theft, And Tort Liability, Mark A. Geistfeld

New York University Law and Economics Working Papers

Tort litigation over data breaches—defined here as the theft of one’s confidential information entrusted to another in a business transaction—most commonly involves the negligence cause of action. These claims turn on a number of issues that require searching analysis, including the manner in which the economic loss rule affects the tort duty, the relation between the negligence standard of care and strict liability, and the appropriate forms of compensable loss. Substantive analysis of these issues shows that they all can be resolved in favor of the negligence claim, which in turn justifies a rule of strict liability ...

Acciones De Clase, “Microdaños” A Los Consumidores Y Fluid Recovery: Alternativas Institucionales Y Costos Sociales, Pamela Tolosa

The Latin American and Iberian Journal of Law and Economics

Usually, class actions have advantages in dealing with negative expected-value claims by consumers —when the expected cost of claiming exceeds the expected benefits of doing so—. In those cases, it is assumed that affected consumers do not have incentives to sue. Consequently, class action can be seen as a device to internalize the social costs of harms caused to consumers. Nevertheless, in order to achieve such a goal, the condemnatory sentence or the settlement agreement must be effectively enforced. In that stage of proceedings, the lack of incentives for claiming consumer damages is frequent. Fluid recovery or cy prés mechanims ...

Comments To The Federal Trade Commission On The Can-Spam Rule Review, 16 C.F.R. Part 316, Project No. R711010, Roger Allan Ford

Law Faculty Scholarship

These comments respond to the Federal Trade Commission’s request for public comment on the CAN-SPAM Rule, 16 C.F.R. Part 316.

The CAN-SPAM Act set a minimum baseline for consumer protections that senders of unsolicited commercial email must respect. These protections have been largely effective at giving consumers the ability to manage how a large group of companies uses their email addresses for marketing. At the same time, the Act has had little effect on the volume of unsolicited commercial email or on the amount of email sent by scammers and fraudsters. The Act and its implementing Rule ...

Aligning Opioid Prescribing Pathways, Andrea Lai, Outpatient Pharmacy, Haley Pelletier, Suneela Nayak, Stephen Tyzik, Ruth Hanselman

Maine Medical Center

There is a drug epidemic sweeping the State of Maine and it continues to worsen each passing year. In 2017, the Maine legislature passed Public Law Chapter 488 to strengthen the controlled substance prescription monitoring program. An outpatient pharmacy, located in a large acute care hospital, created a performance improvement project to clarify opioid prescription and resolve any non-compliance with Chapter 488.

After a root cause analysis, several KPIs were established to include tracking the number of phone calls made by pharmacists to non-compliant providers to clarify scripts, provide one on one education and ultimately resolve non-compliance. Repeat offenders were ...

Buckle Up: State Child Safety Restraint Laws Need To Be Strengthened To Better Protect Children, Ellen A. Black

Akron Law Review

Deaths of children due to vehicle accidents have drastically decreased since 1985, the year in which all states enacted laws requiring children to be secured in child safety restraints when traveling in a vehicle. Yet, vehicle accidents remain the leading cause of death for children in this country, with at least three children under the age of fourteen dying each day and 462 suffering from severe injuries due to vehicle accidents. In 2011, the American Academy of Pediatrics set forth recommendations seeking to lower these troubling statistics, but thus far, only four states have enacted legislation that mirrors, at least ...

Soggy Debt—The Seventh Circuit Widens The Split On Fdcpa Liability For Time-Barred Claims In Bankruptcy, Elijah C. Stone

SMU Law Review

No abstract provided.

Are Validation Notices Valid? An Empirical Evaluation Of Consumer Understanding Of Debt Collection Validation Notices, Jeff Sovern, Kate E. Walton

SMU Law Review

A principal protection against the collection of consumer debts that are not actually owed is the Fair Debt Collection Practices Act’s (FDCPA) validation notice, which obliges debt collectors demanding payment to notify consumers of their rights to dispute debts and request verification, among other things. This Article reports on the first public study of whether consumers understand the notices or what they take away from them. For nearly four decades, courts have decided whether validation notices satisfied the FDCPA without ever knowing when or if consumers understand the notices. This Article attempts to remedy that problem.

Collectors who prefer ...

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review

No abstract provided.

The Uberization Of Arbitration Clauses, Jill I. Gross

Arbitration Law Review

No abstract provided.

K&P Homes V. Christiana Trust, 133 Nev. Adv. Op. 51 (July 27, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The Court determined that the SFR Investments Pool 1, LLC v. U.S. Bank, N.A. decision, extinguishing first security interests, applies retroactively to all foreclosures occurring prior to the date of the decision and since NRS 116.3116’s inception.

Privacy, Security, And The Connected Hairbrush, Travis Leblanc

Maryland Law Review

No abstract provided.

Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm

Maryland Law Review

No abstract provided.

Trading Safety For Innovation And Access: An Empirical Evaluation Of The Fda’S Premarket Approval Process, George Horvath

BYU Law Review

Congress created the premarket approval process (PMA) to provide a rigorous safety evaluation of high-risk medical devices before they may be sold on the U.S. market. Evaluating a PMA application requires the Food and Drug Administration (FDA) to conduct a lengthy, complex, and costly assessment of the extensive data a manufacturer must submit. But other policy concerns, notably a fear of hampering innovation and a desire to assure timely access to new technologies, have led Congress to relax some of the rigorous data requirements the PMA process imposes on manufacturers. Congress mandates that the FDA employ the “least burdensome ...

Mad Men And Dead Men: Justification For Regulation Of Computer-Generated Images Of Deceased Celebrity Endorsers, Kerry Barrett

Cleveland State Law Review

Pursuant to the Federal Trade Commission Act, the Federal Trade Commission (FTC) is charged with consumer protection through the prohibition of unfair and deceptive trade practices. An unfair and deceptive trade practice is gaining in prominence and has not yet been subjected to FTC regulation. Computer-generated imagery (CGIs) of deceased celebrity endorsers are misleading to consumers and constitute a false advertisement. This Note evaluates how digitally resurrected endorsers pervert the consumer decision-making process through analysis of issue-relevant thinking, the match-up hypothesis, event-study analysis, social adaptation theory, and transfer theory. This Note also accounts for the macroeconomic effect of regulation of ...

In Defense Of The Long Privacy Statement, Mike Hintze

Maryland Law Review

No abstract provided.

The Uneasy Case For Patent Federalism, Roger Allan Ford

Law Faculty Scholarship

Nationwide uniformity is often considered an essential feature of the patent system, necessary to fulfill that system’s disclosure and incentive purposes. In the last few years, however, more than half the states have enacted laws that seek to disrupt this uniformity by making it harder for patent holders to enforce their patents. There is an easy case to be made against giving states greater authority over the patent system: doing so would threaten to disrupt the system’s balance between innovation incentives and a robust public domain and would permit rent seeking by states that disproportionately produce or consume ...

Volume 4 Issue 2 (Complete Spring 2017), David J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown

Lincoln Memorial University Law Review

A complete version of LMU Law Review Volume Issue 2 for Spring 2017.

The New Handshake: Where We Are Now, Amy J. Schmitz, Colin Rule

Faculty Publications

The internet has empowered consumers in new and exciting ways. It has opened more efficient avenues for consumers to buy just about anything. Want proof? Just pull out your smartphone, swipe your finger across the screen a few times, and presto – your collector’s edition Notorious RBG bobblehead is on its way from China. Unfortunately, however, the internet has not yet delivered on its promise to improve consumer protection.

Products Liability And The Internet Of (Insecure) Things: Should Manufacturers Be Liable For Damage Caused By Hacked Devices?, Alan Butler

University of Michigan Journal of Law Reform

While the application of products liability to insecure software is a frequently-discussed concept in academic literature, many commentators have been skeptical of the viability of such claims for several reasons. First, the economic loss doctrine bars recovery for productivity loss, business disruption, and other common damages caused by software defects. Second, the application of design defects principles to software is difficult given the complexity of the devices and recent tort reform trends that have limited liability. Third, the intervening cause of damage from insecure software is typically a criminal or tortious act by a third party, so principles of causation ...