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Down The Rabbit Hole: Crawford V. Lvnv Funding, Llc Upends The Role Of The Fair Debt Collection Practices Act In Consumer Bankruptcy, Brittany M. Dant
Down The Rabbit Hole: Crawford V. Lvnv Funding, Llc Upends The Role Of The Fair Debt Collection Practices Act In Consumer Bankruptcy, Brittany M. Dant
Mercer Law Review
For decades courts have faced the issue of whether the Fair Debt Collection Practices Act (the FDCPA) applies to filing proofs of claims in consumer bankruptcy cases. Courts have historically been cautious of applying the FDCPA in the realm that the Bankruptcy Code covers. As such, the majority of courts faced with this question found the answer to be a resounding "no." However, in Crawford v. LVNV Funding, LLC, the United States Court of Appeals for the Eleventh Circuit turned the tide when it held that the filing of a proof of claim on a timebarred debt in Chapter …
The Characteristics Of Markets That Facilitate Consumer Exploitation, Joel Stonedale
The Characteristics Of Markets That Facilitate Consumer Exploitation, Joel Stonedale
Mercer Law Review
Behavioral economists have offered plentiful evidence that consumers sometimes deviate from rational economic decision-making in predictable ways due to cognitive biases. The effect of the biases, however, varies greatly across markets. Scholars have identified several markets as particularly exploitative, including the markets for subprime mortgages, credit cards, cell phone services, video rentals, and retail rebates What separates these markets from the markets for thousands of other complex products, such as computers and cars, in which consumers appear able to understand their preferences and the product well enough to drive the market toward efficiency? This Article addresses the problem with consumer …