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Articles 1 - 8 of 8
Full-Text Articles in Law
Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland
Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland
Court Briefs
The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a …
“Owner Finance! No Banks Needed!” Consumer Protection Analysis Of Seller-Financed Home Sales: A Texas Case Study, Genevieve Hebert Fajardo
“Owner Finance! No Banks Needed!” Consumer Protection Analysis Of Seller-Financed Home Sales: A Texas Case Study, Genevieve Hebert Fajardo
Faculty Articles
Seller-financing of residential property is booming in the credit crisis. Due in part to tightened lending standards for traditional mortgages, low-income home buyers are being shut out of the mortgage market, and are turning to contract-for-deed or lease-to-own agreements to finance their home purchases. In Texas, the state legislature tried to curb abuses in the seller-financed housing market by enacting a mix of typical consumer protection laws: required disclosures, penalties for unfair practices, and a process for converting contracts for deed into mortgages. So why do so many abuses remain in seller-financed transactions, when the legislation checked all the consumer-friendly …
Sex Matters: Considering Gender In Consumer Contracts, Amy J. Schmitz
Sex Matters: Considering Gender In Consumer Contracts, Amy J. Schmitz
Faculty Publications
We hear about the so-called “War on Women” and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, dominant voices in the contracts field often reflect classical and economics-driven theories built on assumptions of gender neutral and economically rational actors. Furthermore, many mistakenly assume that market competition and antidiscrimination legislation address any improper biases in contracting. This Article therefore aims to shed light on gender’s importance by distilling data from my own e-survey of Colorado consumers along with others’ research regarding gender differences in contract outcomes, interests and behaviors. …
Striking The Right Balance: Investor And Consumer Protection In The New Financial Marketplace: Introduction, Lisa Fairfax, Arthur E. Wilmarth Jr
Striking The Right Balance: Investor And Consumer Protection In The New Financial Marketplace: Introduction, Lisa Fairfax, Arthur E. Wilmarth Jr
All Faculty Scholarship
On March 2, 2012, The George Washington University Law School's Center for Law, Economics & Finance and The George Washington Law Review jointly hosted a symposium entitled "Striking the Right Balance: Investor and Consumer Protection in the New Financial Marketplace."' The symposium focused on two principal topics. First, participants analyzed the impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") on investors and consumers in three areas of federal regulation-securities markets, derivatives markets, and consumer financial products. Second, the symposium evaluated the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") on its tenth anniversary and considered whether Sarbanes-Oxley's legacy might …
Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris
Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris
Publications
This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any "unlawful," "unfair," or "deceptive" acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime - which has been the law of the land for several decades - carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest …
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Faculty Publications
The unauthorized addition of third party charges to telecommunications bills ("cramming") is a growing problem that has caught the attention of federal regulators and state attorney generals. This Article therefore discusses the problems associated with cramming, and highlights consumers’ uphill battles in seeking remedies with respect to cramming claims. Indeed, it is imperative for policymakers, researchers, consumer advocates, and industry groups to collaborate in developing means for resolving these claims. Accordingly, this Article offers a proposal for resolving cramming disputes in order to advance this collaboration, and inspire development of a functioning online dispute resolution ("ODR") process to handle these …
American Exceptionalism In Consumer Arbitration, Amy J. Schmitz
American Exceptionalism In Consumer Arbitration, Amy J. Schmitz
Faculty Publications
“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S. courts’ strict enforcement of arbitration provisions in both business-to-business (“B2B”) and business-to-consumer (“B2C”) contracts. This is exceptional because although most of the world joins the United States in generally enforcing B2B arbitration under the New York Convention, many other countries refuse or strictly limit arbitration enforcement in B2C relationships due to concerns regarding power imbalances and public enforcement of …
Marks, Morals, And Markets, Jeremy N. Sheff
Marks, Morals, And Markets, Jeremy N. Sheff
Faculty Publications
The prevailing justification for trademark law depends on economic arguments that cannot account for much of the law's recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. But the only extant theoretical alternative to economic analysis is a Lockean "natural rights" theory that scholars have found even more unsatisfying. This Article proposes a third option. I analyze the law of trademarks and unfair competition as a system of moral obligations between producers and consumers. Drawing on the contractualist tradition in moral philosophy, I develop and apply a new theoretical framework to evaluate …