Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- CFPB (4)
- Credit (3)
- Debt (3)
- Dodd-Frank (3)
- Predatory lending (3)
-
- Consumer (2)
- Consumer Financial Protection Bureau (2)
- Consumer protection (2)
- Enforcement (2)
- Financial crisis (2)
- Lending (2)
- Loan (2)
- Regulation (2)
- Abortion (1)
- Antitrust (1)
- Battery (1)
- CPCs (1)
- Choice Act (1)
- Conditional pricing practices (1)
- Consumer Protection (1)
- Consumer protections (1)
- Department of Defense (1)
- Donald Trump (1)
- Finance (1)
- Informed consent (1)
- Interest rates (1)
- MLA (1)
- Military Lending Act (1)
- NIFLA (1)
- Non-linear pay (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Coercive Rideshare Practices: At The Intersection Of Antitrust And Consumer Protection Law In The Gig Economy, Christopher L. Peterson, Marshall Steinbaum
Coercive Rideshare Practices: At The Intersection Of Antitrust And Consumer Protection Law In The Gig Economy, Christopher L. Peterson, Marshall Steinbaum
Utah Law Faculty Scholarship
This Essay considers antitrust and consumer protection liability for coercive practices vis-à-vis drivers that are prevalent in the rideshare industry. Resale price maintenance, nonlinear pay practices, withholding data, and conditioning data access on maintaining a minimum acceptance rate all curtail platform competition, sustaining a high-price, tacitly collusive equilibrium among the few incumbents. Moreover, concealing relevant trip data from drivers is both deceptive and unfair when the platforms are in full possession of the relevant facts. In the absence of these coercive practices, customers too would be better off due to platform competition, which would lower average prices by sharpening competition …
Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown
Crisis At The Pregnancy Center: Regulating Pseudo-Clinics And Reclaiming Informed Consent, Teneille R. Brown
Utah Law Faculty Scholarship
Crisis Pregnancy Centers (CPCs) adopt the look of medical practices — complete with workers in scrubs, ultrasound machines, and invasive physical exams — to deceive pregnant women into thinking they are being treated by licensed medical professionals. In reality, CPCs offer exclusively Bible-based, non-objective counseling. Numerous attempts to regulate CPCs have faced political roadblocks. Most recently, in NIFLA v. Becerra, the Supreme Court held that state efforts to require CPCs to disclose that they are not medically licensed are unconstitutional violations of CPCs’ First Amendment right to free speech. In the wake of that decision, pregnant women in crisis — …
American Usury Law And The Military Lending Act, Paul Kantwill, Christopher L. Peterson
American Usury Law And The Military Lending Act, Paul Kantwill, Christopher L. Peterson
Utah Law Faculty Scholarship
In 2006 Congress adopted the Military Lending Act (“MLA”) to protect active duty military service members and their families from high-cost, predatory loans. The core provision of the statute is a usury limit capping interest rates at no more than 36 percent per annum. The United States Department of Defense finalized regulations implementing the MLA in 2007 and then later issued substantially revised regulations in 2015. The MLA is America’s first modern, national usury law that is applicable to all types of creditors and was adopted after the evolution of our national credit card market. After over a decade, the …
The Risk Of An Anti-Consumer Cfpb, Christopher L. Peterson
The Risk Of An Anti-Consumer Cfpb, Christopher L. Peterson
Utah Law Faculty Scholarship
The risks of an anti-consumer CFPB go beyond just those cases currently under investigation. America has a massive financial sector that is constantly evolving and reinventing itself. This striving for innovation and efficiency is, of course, one of the American financial system’s great advantages. Nevertheless, the Sun-Tzu-worshipping, MBA-wielding financiers that use boilerplate consumer credit contracts as weapons in their endless market-share battles are paying attention to what the agency is doing—and more importantly, to what it is not doing. A chilled CFPB law enforcement program will embolden the consumer finance industry to roll out more misleading advertising, more deceptive sales …
Choosing Corporations Over Consumers: The Financial Choice Act Of 2017 And The Cfpb, Christopher L. Peterson
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 …
Will Congress Remove Consumer Credit “Seat Belts”?, Christopher L. Peterson
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 recent example …
Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, Christopher L. Peterson
Consumer Financial Protection Bureau Law Enforcement: An Empirical Review, Christopher L. Peterson
Utah Law Faculty Scholarship
In the aftermath of the U.S. financial crisis, Congress created a new federal agency — the Consumer Financial Protection Bureau (CFPB) — with the goal of fashioning a more just and efficient American consumer finance market. The CFPB now serves as the U.S. Government’s primary regulator and civil law enforcement agency governing consumer lending, payment systems, debt collection, and other consumer financial services. In its first four years of enforcing federal consumer protection laws, the CFPB has announced over a hundred different law enforcement cases forcing banks and other financial companies to relinquish over $11 billion in customer refunds, forgiven …