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Litigation

Vanderbilt Law Review

2019

State regulations

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Federal Regulation Of Third-Party Litigation Finance, Austin T. Popp Mar 2019

Federal Regulation Of Third-Party Litigation Finance, Austin T. Popp

Vanderbilt Law Review

Third-party litigation finance has become a powerful and influential industry that will continue to play a significant role in shaping the legal landscape for years to come. The opportunities-and challenges-introduced by this burgeoning industry are legion, and with them has come a swath of disparate state regulations. These regimes have failed to balance important consumer- and commercial-lending protections with facilitation of the growth of an industry that is essential to increasing access to the courtroom.

In response, this Note contends that a federal agency, the Consumer Financial Protection Bureau, should be delegated the authority to promulgate regulations (1) capping interest …