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Articles 1 - 9 of 9
Full-Text Articles in Law
The Admissibility Of Sampling Evidence To Prove Individual Damages In Class Actions, Hillel J. Bavli, John Kenneth Felter
The Admissibility Of Sampling Evidence To Prove Individual Damages In Class Actions, Hillel J. Bavli, John Kenneth Felter
Faculty Journal Articles and Book Chapters
The 2016 Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo revived the use of “representative” or sampling evidence in class actions. Federal courts are now more receptive to class plaintiffs’ efforts to prove classwide liability and, occasionally, aggregate damages, with sampling evidence. However, federal courts still routinely deny motions for class certification because they find that calculations of class members’ individual damages defeat the predominance prerequisite of Rule 23(b)(3). As a result, meritorious classwide claims founder. In this paper, we combine legal and statistical analyses and propose a novel solution to this dilemma that adheres to the Tysondecision …
Substantiating Big Data In Health Care, Nathan Cortez
Substantiating Big Data In Health Care, Nathan Cortez
Faculty Journal Articles and Book Chapters
Predictive analytics and "big data" are emerging as important new tools for diagnosing and treating patients. But as data collection becomes more pervasive, and as machine learning and analytical methods become more sophisticated, the companies that traffic in health-related big data will face competitive pressures to make more aggressive claims regarding what their programs can predict. Already, patients, practitioners, and payors are inundated with claims that software programs, "apps," and other forms of predictive analytics can help solve some of the health care system's most pressing problems. This article considers the evidence and substantiation that we should require of these …
Collection Texas-Style: An Analysis Of Consumer Collection Practices In And Out Of The Courts, Mary B. Spector, Ann Badour
Collection Texas-Style: An Analysis Of Consumer Collection Practices In And Out Of The Courts, Mary B. Spector, Ann Badour
Faculty Journal Articles and Book Chapters
As many as forty-four percent of Texans with credit files have non-mortgage debt in collection; this is more than ten percent above the national average. The Authors provide a snapshot of collection practices employed in Texas over a two-year period following the enactment of new court rules governing the litigation of most collection cases. Using a combination of quantitative and qualitative methods, they consider data in three general categories:
(1) consumer complaints to the state and federal agencies;
(2) court outcomes over a two-year period along with related demographic data; and
(3) court observations conducted in five counties with a …
Where The Fcra Meets The Fdcpa: The Impact Of Unfair Collection Practices On The Credit Report, Mary B. Spector
Where The Fcra Meets The Fdcpa: The Impact Of Unfair Collection Practices On The Credit Report, Mary B. Spector
Faculty Journal Articles and Book Chapters
This Article explores the impact that contemporary practices in consumer debt collection litigation may have on credit reporting and scoring. In doing so, it pays particular attention to available data regarding the use of unfair collection practices in such litigation, and considers whether consumer reports of such litigation unfairly burden consumers’ ability to obtain housing, employment, insurance, or credit. It highlights some of the obstacles consumers face at the intersection of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and considers alternative proposals to provide fair and accurate information relating to consumer debts while also preventing …
Testimony Of Mary Spector On Examining The Uses Of Consumer Credit Data Before Subcommittee On Financial Institutions And Consumer Credit Committee On Financial Services, Mary B. Spector
Faculty Journal Articles and Book Chapters
No abstract provided.
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
Faculty Journal Articles and Book Chapters
Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States (ACUS) recommended that courts, Congress, and agencies hold agencies to clear standards for issuing such publicity. In the decades since, some agencies have adopted standards, but most have not. And neither the courts nor Congress has intervened to impose standards. Today, agencies continue to use countless forms of publicity to pressure alleged regulatory violators and to amplify their overall enforcement powers — all without affording due …
Debts, Defaults And Details: Exploring The Impact Of Debt Collection Litigation On Consumers And Courts, Mary B. Spector
Debts, Defaults And Details: Exploring The Impact Of Debt Collection Litigation On Consumers And Courts, Mary B. Spector
Faculty Journal Articles and Book Chapters
This Article explores consumer collection litigation through original research from more than five hundred cases filed in the Dallas County courts. It analyzes the data within the context of the modern debt collection industry, paying special attention to the role of debt buyers and to the peculiar legal issues their involvement raises. After explaining the methodology and mechanics used to gather and analyze the data, the Article discusses the data collected, identifying and analyzing the most significant findings and placing them within a larger legal landscape. While the research confirms anecdotal reports of litigation abuse in consumer collection cases, it …
Taming The Beast: Payday Loans, Regulatory Efforts, And Unintended Consequences, Mary B. Spector
Taming The Beast: Payday Loans, Regulatory Efforts, And Unintended Consequences, Mary B. Spector
Faculty Journal Articles and Book Chapters
This Article examines the payday loan phenomenon, reviews state and federal attempts to regulate it, and explores its most recent appearance under the protection of state CSO laws designed to protect overextended consumers. Part II examines the transaction and the parties involved: what is a payday loan; who makes them; and who are the customers? Part III describes state and federal attempts to regulate payday lending. Part IV explores states' attempts to protect credit-seeking consumers with laws designed to regulate CSOs and the payday loan's emergence between the lines of this regulation. Part V concludes with some thoughts on approaches …
Banking Law Reform And Users-Consumers In Developing Economies: Creating An Accessible And Equitable Consumer Base From The 'Excluded', Joseph J. Norton
Banking Law Reform And Users-Consumers In Developing Economies: Creating An Accessible And Equitable Consumer Base From The 'Excluded', Joseph J. Norton
Faculty Journal Articles and Book Chapters
Drawing on over two decades of relevant experience, the author sets forth the primary proposition that the equitable and accessible provision of banking services has never been a core component of modern banking sector legal reform in developing countries. Over the course of the article, the author evaluates the past fifteen years of banking law reform for developing countries and considers recent World Bank efforts to address financial access and equity issues. The article also includes a discussion of the rise of microfinancing and private banking industry initiatives in South Africa. The author concludes with reflections on the importance of …