Consumer Protection Law Commons^™

Regulation "Best Interest's" Reduction Of Consumer Access To Investment Advice, Justin Deffenbacher

Loyola Consumer Law Review

No abstract provided.

Failures Of Electric Utility Regulation In Illinois And The Case For Public Ownership, Jackson Paller

Loyola Consumer Law Review

No abstract provided.

Reconceptualizing Behaviorally Informed Consumer Law And Policy, Martin Brenncke

Loyola Consumer Law Review

No abstract provided.

What Is Consumer Protection For?, Luke Herrine

Loyola Consumer Law Review

When law and economics barreled its way into consumer protection scholarship two score years ago, it brought with it the consumer sovereignty framework: an approach to analysis in which actual markets are compared to an ideal market in which consumers optimize exogenous welfare functions by choosing between optimally competitive sellers. Even after two decades of behavioralist critique and even with increasingly critical perspectives taking root since the Global Financial Crisis, this consumer sovereignty ideal continues to serve as both a descriptive and normative baseline for consumer protection scholarship. This Article argues that it is time to reconsider the consumer sovereignty …

The Tiktok Union: Unionization In The Age Of New Media, Sara Shiffman

Loyola Consumer Law Review

The National Labor Relations Act of 1935 (NLRA) is the cornerstone of employee's right to organize, collectively bargain and take collective action. As the act has been reviewed by the Supreme Court as well as the National Labor Relations Board, it has been seen as somewhat flexible, particularly when it comes to technology and how it can be used to for employee organization and communication. But as the labor market has shifted to a more technology based work-for-hire model, are those who choose to take part in new media, specifically influencer marketing technically employees entitled to the same rights and …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Deficiencies In The Disclosures Of Privacy Policies And In User Choice, Scott Jordan, Siddharth Narasimhan, Jina Hong

Loyola Consumer Law Review

Development of a comprehensive legal privacy framework in the United States should be based on identification of the common deficiencies of privacy policies. We attempt to delineate deficiencies by critically analyzing the privacy policies of mobile apps, application suites, social networks, Internet Service Providers, and Internet-of- Things devices. Whereas many studies have examined readability of privacy policies, few have specifically identified the information that should be provided in privacy policies but is not.

Privacy legislation invariably starts a definition of personally identifiable information. We find that privacy policies' definitions of personally identifiable information are far too restrictive, excluding information that …

Illuminating Manipulative Design: From "Dark Patterns" To Information Asymmetry And The Repression Of Free Choice Under The Unfair Commercial Practices Directive, Wen-Ting Yang, Mark Leiser

Loyola Consumer Law Review

Dark patterns' are defined as 'tricks used in websites and apps that make you do things that you didn't mean to, like buying or signing up for something.' The term describes 'deceptive' and 'manipulative' techniques implemented when designing an app, website, or platform to change a user's behaviour in a way that would not have happened without the dark pattern. Yet much of the academic scholarship on the regulation of manipulative design has focused on privacy and data protection legislation. This article identifies seventeen common types of 'dark patterns'. It facilitates critical, legal, and regulatory dialogue by proposing a new …

Misleading Ai: Regulatory Strategies For Algorithmic Transparency In Technologies Augmenting Consumer Decision-Making, Jeannie Marie Paterson

Loyola Consumer Law Review

Increasingly, consumers' decisions about what to buy are mediated through digital tools promoted as using "AI", "data" or "algorithms" to assist consumers in making decisions. These kinds of digital information intermediaries include such diverse technologies as recommender systems, comparison sites, virtual voice assistants, and chatbots. They are promoted as effective and efficient ways of assisting consumers making decisions in the face of otherwise insurmountable volumes of information. But such tools also hold the potential to mislead consumers, amongst other possible harms, including about their capacity, efficacy, and identity. Most consumer protection regimes contain broad and flexible prohibitions on misleading conduct …

Misplaced Trust, Failure Of Contract, And The Need To Create Robust Options For Consumers, Anjanette H. Raymond, Inna Kouper

Loyola Consumer Law Review

Platform and application 'marketplaces' (app stores) serve an important function for the consumer. The 'marketplace' serves a single point of choice for applications that will be downloaded, and used, on either the apple or android cell phone. Over time, consumers have been reliant- almost dependent on these marketplaces. One can easily imagine, consumers trust the host, they trust the marketplace, they trust the ongoing updates and other technology 'fixes' when their applications begin to fail- one is undoubtedly aware of the loyalty that exists to these brands and marketplace hosts. Exercising full control, app stores engender extreme loyalty and high …

Consumer News: Tenants' Eviction Protection And Landlords' Fight For Equal Relief, Shane Stover

Loyola Consumer Law Review

No abstract provided.

Consumer Discrimination In The Health Care Industry, Anne-Marie Hakstian, Victoria Chase

Loyola Consumer Law Review

No abstract provided.

Consumer Bankruptcy And Race: Current Concerns And A Proposed Solution, Edward J. Janger

Loyola Consumer Law Review

No abstract provided.

Detecting Disparate-Impact Discrimination In The Big-Data Era, John Yinger

Loyola Consumer Law Review

No abstract provided.

Diamond Hands And Regulatory Demands: Gamestop And The Shortcoming Of Current Securities Regulation, Jacob Gremillion

Loyola Consumer Law Review

No abstract provided.

Abuse Of Global Platform Dominance Or Competition On The Merits?, Anca Chirita

Loyola Consumer Law Review

Contrary to mainstream opinion, suggesting that dominant online platforms compete on their own merits and that their abuse of the large-scale accumulation of data should fall under data or privacy laws, this article argues that competition law should investigate whether global platform competition has been established on merit alone and how digital dominance has been strengthened through the downfall of emerging competition (the exclusionary harm) and the excessive combination of individuals' data (exploitative harm). To frame the theory of competitive harm in a global context, this article compares several of the most recent cases involving digital giants such as Google, …

In The Hands Of The Maker: The Failure Of Consumer Product Safety Oversight Of Guns, Gary Klein

Loyola Consumer Law Review

No abstract provided.

How To Get Away With Immunity: Fda's Emergency Use Authorization Scheme And Prep Act Liability Protection In The Context Of Covid-19, William Chanes Martinez

Loyola Consumer Law Review

The U.S. Food and Drug Administration (FDA) plays a vital role in our country's response to biological agents that threaten public health and safety. On December 31, 2019, officials in Wuhan, China confirmed dozens of cases of pneumonia caused by an unknown pathogen. Chinese officials later identified that pathogen as severe acute respiratory syndrome coronavirus (SARSCoV- 2), which causes the disease COVID-19. The COVID-19 pandemic has created a perfect storm for unprecedented and litigation-provoking health harms in the United States. As the country's death toll rises and states seek to reopen, many Americans are assessing their COVID- 19-related health status …

Disclosures In Privacy Policies: Does "Notice And Consent" Work?, Rishab Bailey, Smriti Parsheera, Faiza Rahman, Renuka Sane

Loyola Consumer Law Review

This paper evaluates the quality of privacy policies of five popular online services in India from the perspective of access and readability. We ask - do the policies have specific, unambiguous, and clear provisions that lend themselves to easy comprehension? We also conduct a survey among college students to evaluate how much users typically understand of what they are signing up for. We find that the policies studied are poorly drafted, and often seem to serve as 'check-the-box' compliance of expected privacy disclosures. Survey respondents do not score very highly on the privacy policy quiz. The respondents fared the worst …

Why Financial Transparency Without Financial Literacy Is Not Enough: The Global Impact Of Education On Financial Literacy Rates, Jenn Schlumpf

Loyola Consumer Law Review

No abstract provided.

Regulation Best Interest: Will The Sec Alter The "Best Interest" Standard?, Robert Bullington

Loyola Consumer Law Review

No abstract provided.

The Innovation Of Harry's Razors: How The Ftc Is Influencing Venture Capital-Backed Startups, Sean J. Linehan

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Seeking Economic Justice In The Face Of Enduring Racism, Desiree Kennedy

Loyola Consumer Law Review

No abstract provided.

Fintech And Race-Based Inequality In The Home Mortgage And Auto Financing Markets, Winnie F. Taylor

Loyola Consumer Law Review

No abstract provided.

Mass Digitization And The Consumer Book Market Of The Future, Cal R. Tondelli

Loyola Consumer Law Review

No abstract provided.

The Nation's Antiracist Interventions To Fight Consumer Racism, Shane Stover

Loyola Consumer Law Review

A long overdue fight is at the forefront of the United States, and consumer law is playing a large role. This article shall address two antiracist interventions in support of racial equality within consumer law and represent important steps towards righting past wrongs of consumer racism.

California's Consumer Privacy Act Faces Possible Revision As Enforcement Deadline Looms, Rebecca Garcia

Loyola Consumer Law Review

No abstract provided.

The Arc Of Class Actions: A View From The Trenches, Donald R. Frederico

Loyola Consumer Law Review

No abstract provided.

There Ought To Be A Law: What Corporate Social Responsibility Can Teach Us About Consumer Contract Formation, Colin P. Marks

Loyola Consumer Law Review

No abstract provided.