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Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen
Wrecking Ball Disguised As Law Reform: Alec's Model Act On Private Enforcement Of Consumer Protection Statutes, Dee Pridgen
Dee Pridgen
The consumer protection statutes of every state are currently under attack by a proposed model law that would effectively eliminate the critical private enforcement provisions that give these laws their power. The American Legislative Exchange Council (ALEC) has produced a purported law reform vehicle that is actually a wrecking ball to destroy one of the building blocks of consumer protection, namely the private enforcement of state unfair and deceptive practices acts. It does this by systematically weakening each and every provision of these laws, such as lower burdens of proof, special damages, and attorney’s fees, that were designed to provide …
Dirty Debts Sold Dirt Cheap, Dalie Jimenez
Dirty Debts Sold Dirt Cheap, Dalie Jimenez
Dalie Jimenez
More than 77 million Americans have a debt in collections. Many of these debts will be sold to debt buyers for pennies, or fractions of pennies, on the dollar. This Article details the perilous path that debts travel as they move through the collection ecosystem. Using a unique dataset of 84 consumer debt purchase and sale agreement, it examines the manner in which debts are sold, oftentimes as simple data on a spreadsheet, devoid of any documentary evidence. It finds that in many contracts, sellers disclaim all warranties about the underlying debts sold or the information transferred. Sellers also sometimes …
Reforming Preference Law, Dalie Jimenez
Reforming Preference Law, Dalie Jimenez
Dalie Jimenez
This article responds to Brook Gotberg's proposal to do away with preference liability in certain Chapter 11 cases and provides empirical evidence of preferential transfers in consumer Chapter 7 cases.