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- Consumer Reporting Agencies; CRA; circuit split; consumer; fraud; Federal Bureau of Investigation; Fair Credit Reporting Act; FCRA; credit reporting; debt collector; consumer report; identity theft; e-OSCAR; fraudent behavior; dispute resolution; Pennsylvania Higher Education Agency Services; PHEAA; Experian; Equifax; hacker; hacking; financing; credit; banking; Consumer Credit Reporting Reform Act of 1996; Automated Consumer Dispute Verification; ACDV; duty of care; cause of action; remedy; private information; Fair and Accurate Credit Transactions Act; FACTA; fraud alert; Consumer Financial Protection Bureau; CFPB; Cushman v. Trans Union Corp.; Brill v. Trans Union; Seventh Circuit; Third Circuit; jury; Henson v. CSC Credit Services; Blackwell v. Chex Systems; furnisher; consumer debt; creditor's tradelines; DeAndrade v. Trans Union LLC; Carvalho v. Equifax Information Services; Ninth Circuit; Bailey v. SCANA Energy Marketing; harmonization; harmonize; (1)
- Domestic violence; economic abuse; coerced debt; credit reporting; identity theft (1)
- Equifax Data Breach; Sensitive Information; Information; Personal Information; PII; Personally Identifiable Information; Data; Private Data; Data Breaches; Data Breach; Consumer Class Actions; Class Actionl Arbitration; Victim Recovery Fund; Remedy; Consumer Data Breach (1)
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Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward Janger
Enterprise, Liability, And Insolvency: An Essay In Honor Of Aaron Twerski, Edward Janger
Faculty Scholarship
No abstract provided.
The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose
The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose
Brooklyn Journal of Corporate, Financial & Commercial Law
The internet has transformed into a museum of personal information collected through the digital footprint we leave behind after each act performed on the web. Businesses have monetized this collection of personal data in various ways. For instance, many companies analyze this information through predicting analytics and data profiling to identify consumer interests that they can exploit as a means to generate revenue. Though user data promotes many benefits for businesses and consumers alike, the recent data breaches of massive companies, coupled with hazy privacy disclosures that beget consent disputes, have left both users and businesses perturbed and exposed to …
Door Shut And Ears Plugged: How Consumer Reporting Casts Identity Theft Victims Out Of Financial Society And How The Law Can Be Harmonized To Bring Them Back In, Ryan Bolger
Brooklyn Journal of Corporate, Financial & Commercial Law
Consumer Reporting Agencies (CRAs) are the gatekeepers to the American economy. As the chief informants for prospective lenders, landlords, and employers, they exert immense power over the day-to-day decisions of who gets what. Despite these high stakes, the CRAs run consumer reporting as an automated electronic process that causes a lot of reporting errors, disqualifying consumers from essential goods, services, and opportunities. This is painfully true in the context of identity theft, where perverse incentives pollute the integrity of consumer reporting, piling undue harm onto identity theft victims. The law provides a remedy for this problem, but circuit courts are …
In Defense Of Brandenburg: The Aclu And Incitement Doctrine In 1919, 1969, And 2019, Emerson J. Sykes
In Defense Of Brandenburg: The Aclu And Incitement Doctrine In 1919, 1969, And 2019, Emerson J. Sykes
Brooklyn Law Review
In the United States, full-throated advocacy—even advocacy of violence—is protected by the First Amendment of the Constitution. Few other countries define “incitement to violence” as narrowly, and governments tend to exploit any authority to regulate speech. The ACLU has played a central role in developing America’s speech-protective modern incitement doctrine over the last century, sometimes by representing clients with abhorrent views, including in the landmark Brandenburg v. Ohio. The Brandenburg test sets a high bar for incitement that should be maintained, even with respect to online speech. Calls for increased regulation of speech should not be heeded.
Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams
Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams
Brooklyn Law Review
Domestic violence is a national crisis impacting more than one in three women and one in four men. Abuse is often experienced in nonviolent forms, including emotional, verbal and economic abuse. This note focuses on the harms of economic abuse and, specifically, coerced debt. As society’s understanding of the nuances of domestic violence deepens, many states, including New York, have recognized economic abuse as a unique harm and have empowered family courts to adjudicate such abuse. While promising, many states have yet to devise a suitable remedy for such harm. This critical gap leaves far too many survivors of abuse …
The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny
The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny
Brooklyn Journal of Corporate, Financial & Commercial Law
What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …
Regulating The “Too Big To Jail” Financial Institutions, Jerry W. Markham
Regulating The “Too Big To Jail” Financial Institutions, Jerry W. Markham
Brooklyn Law Review
This article addresses the “too big to jail” regulatory model in which large banks pay hundreds of billions of dollars to settle multiple and duplicative regulatory charges brought by a horde of state, federal, and even foreign regulators. The banks pay those massive settlements in order to keep their banking charters and to obtain immunity from prosecution for senior executives. In turn, regulators benefit from the headlines these fines generate. Much criticism has been directed at these settlements because the banks are allowed to continue business as usual and no senior executives are jailed. Other critics contend that these settlements …
Reconceptualizing The Whistleblower's Dilemma, Miriam Baer
Reconceptualizing The Whistleblower's Dilemma, Miriam Baer
Faculty Scholarship
No abstract provided.
Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone
Ev'ry American Experiment Sets A Precedent: Why One Florida State Court's Bitcoin Opinion Is Everyone's Business, Meg Holzer, Allison Caffarone
Faculty Scholarship
No abstract provided.
Is Strict Liability The Answer In The Battle Against Foreign Corporate Bribery?, Lena E. Smith
Is Strict Liability The Answer In The Battle Against Foreign Corporate Bribery?, Lena E. Smith
Brooklyn Law Review
No abstract provided.
Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke
Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, David J. Reiss, Bradley T. Borden
Cleaning Up The Financial Crisis Of 2008: Prosecutorial Discretion Or Prosecutorial Abdication?, David J. Reiss, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Righting Others' Wrongs: A Critical Look At Clawbacks In Madoff-Type Ponzi Schemes And Other Frauds, Amy Sepinwall
Righting Others' Wrongs: A Critical Look At Clawbacks In Madoff-Type Ponzi Schemes And Other Frauds, Amy Sepinwall
Brooklyn Law Review
No abstract provided.
The Abraham L. Pomerantz Lecture: Don't Blink: Snap Decisions And Securities Regulation, Frank Partnoy
The Abraham L. Pomerantz Lecture: Don't Blink: Snap Decisions And Securities Regulation, Frank Partnoy
Brooklyn Law Review
No abstract provided.
Corporate Corruption & The New Gold Mine: How The Dodd-Frank Act Overincentivizes Whistleblowing, Jenny Lee
Corporate Corruption & The New Gold Mine: How The Dodd-Frank Act Overincentivizes Whistleblowing, Jenny Lee
Brooklyn Law Review
No abstract provided.
A Proposal For Calculating Reimbursed Victims Of Financial Identity Theft Under The Federal Sentencing Guidelines, Roy Michael Anderson
A Proposal For Calculating Reimbursed Victims Of Financial Identity Theft Under The Federal Sentencing Guidelines, Roy Michael Anderson
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Potential Litigation Against Auditors For Negligence, Thomas C. Pearson
Potential Litigation Against Auditors For Negligence, Thomas C. Pearson
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Governing Corporate Compliance, Miriam H. Baer
Governing Corporate Compliance, Miriam H. Baer
Faculty Scholarship
No abstract provided.
Other People's Money: Drawing The Constitutional Line Between The Right To Counsel And Constraints On Obstructive Fee Advancement In The Wake Of United States V. Stein, Jonathan Bashi
Brooklyn Law Review
No abstract provided.
Are Leveraged Buyouts A Form Of Governance Arbitrage?, Dale A. Oesterle
Are Leveraged Buyouts A Form Of Governance Arbitrage?, Dale A. Oesterle
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
A Social Defense Of Sarbanes-Oxley, James A. Fanto
A Social Defense Of Sarbanes-Oxley, James A. Fanto
Faculty Scholarship
No abstract provided.
A Social Defense Of Sarbanes-Oxley, James A. Fanto
A Social Defense Of Sarbanes-Oxley, James A. Fanto
Faculty Scholarship
No abstract provided.
Proportionality As A Principle Of Limited Government, Alice Ristroph
Proportionality As A Principle Of Limited Government, Alice Ristroph
Faculty Scholarship
No abstract provided.
Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel
Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
There Ought To Be A Law: The Disclosure Focus Of Recent Legislative Proposals For Nonprofit Reform, Dana Brakman Reiser
There Ought To Be A Law: The Disclosure Focus Of Recent Legislative Proposals For Nonprofit Reform, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel
Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser
Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The Investor Confidence Game, Lynn A. Stout