Consumer Protection Law Commons^™

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Catch 23: Putting Superior Back Into The Superiority Prong Of Rule 23(B)(3), Fred B. Burnside

Loyola Consumer Law Review

No abstract provided.

Subversion By Design, Daniel Nicastro

Loyola Consumer Law Review

Dark patterns, in the words of the design expert who coined the term, are ".. . tricks used in websites and apps that make you do things that you didn't mean to, like buying or signing up for something."¹ The FTC, in its 2022 Staff Report on the subject, defined them similarly as ". . . design practices that trick or manipulate users into making choices they would not otherwise have made and that may cause harm."² Endemic to the digital retail space, dark patterns subvert consumer decision making, resulting in inflated spending, widespread privacy violations, and the …

The Ftc's First Action Under The Inform Consumers Act: A New Era Of Enforcement?, Karli Hiltner

Loyola Consumer Law Review

No abstract provided.

Preemption Without Protection: Reconsidering The Airline Deregulation Act In An Era Of Federal Retreat, Carmela Frontzak

Loyola Consumer Law Review

No abstract provided.

The Limits Of Privacy Protection: Why Ai Chatbots Demand Coppa Changes, Jacob Yeskis

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Tech-Neutrality Or Tech-Sensitivity? Emerging Principles Of Crypto-Asset Regulation In The U.S. And The E.U., Firat Cengiz

Loyola Consumer Law Review

Crypto assets are subject to financial and bespoke regulations in the United States (US) and the European Union (EU). Regulatory effectiveness requires assets to be subject to the regulatory regime that addresses their risks best, whilst regulatory fairness requires market participants to be able to identify the regulatory standards they need to comply with. Whilst comparing the interplay between financial and bespoke crypto-asset regulations in the US and the EU, this article finds that the two polities might be embarking on different paths of crypto-asset regulation. The former moves in the direction of tech-sensitivity, whereas the latter sticks with strict …

Uber's Mandatory Arbitration Agreements: How They Redefine The Meaning Of 'Assent' In Different States, Mariya Mujahid

Loyola Consumer Law Review

No abstract provided.

Algorithmic Speech Harm, Mateusz Grochowski

Loyola Consumer Law Review

This paper examines the potential application of product liability doctrine to content moderation and recommendation algorithms employed by social media platforms. Emerging scholarship and evolving case law suggest that product liability could provide a viable legal pathway to circumvent the limitations imposed by Section 230 of the Communications Decency Act. The article critically evaluates this proposition and delves into the doctrinal foundations of product liability to assess its capacity to address harms inflicted on consumers by algorithmic systems. A central focus of the analysis is the development of a more precise definition of the harm that users understood here as …

We Just Want To Play The Game: Anti-Cheat Software Risks In Videogames, Kevin Du

Loyola Consumer Law Review

No abstract provided.

The Techcons, Chris Jay Hoofnagle

Loyola Consumer Law Review

Selling sometimes involves trickery. How should we decide what trickery is "swindling" versus ordinary "selling"? One method is elucidated in Yale Law Professor Arthur Leff's curious, lost-to-history book. In "Swindling and Selling: The Story of Legal and Illegal Congames", Leff showed how market structure is a powerful factor for distinguishing illegal confidence games ("congames") what he called "swindling" from legal "selling." Leff demonstrated how con artists weave narratives to convince marks they have a monopoly over some desirable asset. Con artists then manipulate marks to mistakenly believe they possess a monopsony over its capture.

This essay revisits Leff's mostly forgotten …

Vacillation Or Instability? The Fcc's Authority After Loper Bright, Eliot Merriner

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Big Tech And Consumer Payments: The Good, The Bad, And The Unintended Consequences, Mark E. Budnitz

Loyola Consumer Law Review

No abstract provided.

The Generation Of Maladies: The U.S. Tech Giants, David Vladeck

Loyola Consumer Law Review

No abstract provided.

Strengthening The Right To Accessible Web Sites For Consumers With Disabilities Through The Development Of A Clear Test For The Nexus Rule Under Title Iii Of The Americans With Disabilities Act, Jonathan Lazar

Loyola Consumer Law Review

Currently, most of the U.S. Federal disability rights laws expressly require accessible websites for people with disabilities, either in the statute or the regulation. There is one major exception: for websites of public accommodations under Title III of the Americans with Disabilities Act, the scope of accessibility coverage is determined by a combination of case law and agency interpretations, rather than expressly in the statute or regulations. To make it more complex, there is a three-way circuit split as to whether websites of public accommodations covered under Title III are required to have accessible websites. The predominant view in the …

Can The Giving Pledge Reduce Wealth Inequality In The United States?, Sarah Bianchi

Loyola Consumer Law Review

No abstract provided.

Utilizing Public Lands As An Incubator For Innovation In The Modern Consumer Economy, Brenton Villasenor

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Not Everything That Glistens Is Gold: The Ftc's Recently Proposed Rule On Fake Reviews, Rebecca Webber

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Potential Economic Impacts Of The Credit Card Competition Act Of 2023, Ling Ling Ang, Alan Grant, Peter Traber

Loyola Consumer Law Review

We consider the potential economic impacts of the Credit Card Competition Act of 2023 ("CCCA"), drawing on economic literature on two-sided markets and effects of previous U.S. regulatory policy associated with payment cards. Implementation of the CCCA shifts network routing choice from the consumer side of the market to the merchant side of the market. While this would likely decrease interchange fees, an interchange fee decrease only reflects a shift in the balance of costs from the merchant side to the consumer side not a decrease in the total price of processing a credit card transaction. A reduction in interchange …

Consumer Impacts Of California's Climate Agenda: Vehicle Electrification Agreements May Violate Antitrust Law, Jessica D. Quinn

Loyola Consumer Law Review

No abstract provided.

Student Loan Debt: The Long-Term Economic Consequences, Judith Fox

Loyola Consumer Law Review

There are nearly 1.6 trillion dollars in outstanding federal student loans and more than 59 billion in private loans. Prior to the COVID-19 pandemic student loan debt was being called a crisis. Student loan debt topped all consumer debt except mortgages. Delinquencies were rising and debtors, especially millennials, were feeling crushed under their impact. Then the COVID-19 pandemic struck, and student loan payments were put on hold, providing the conditions to examine the economic effects of student loan payments on student borrowers. This paper explores some of the effects of the student-loan debt burden has had on our economy and …

A Historical Perspective On Student Loan Cancellation, John Patrick Hunt

Loyola Consumer Law Review

No abstract provided.

Save Public Service Loan Forgiveness: A Proposal For Reform, Anthony A. Smith

Loyola Consumer Law Review

No abstract provided.

Too Big To Fly: Rethinking Antitrust In The Airline Industry After United States V.Jetblue Airways Corporation, Kathleen Driscoll

Loyola Consumer Law Review

Over the last few years, the United States Government has amped up its antitrust enforcement, suing to block various multibillion dollar deals between big corporations across different industries. Last year, the Justice Department brought suit to prevent a merger between Jet Blue Airways and Spirit Airlines, the sixth and seventh largest airlines in the United States, respectively. The Justice Department argued that this consolidation of the airline industry would harm consumers because it would drive costs up and limit choices. The U.S. District Court of Massachusetts permanently enjoined the merger, and Jet Blue and Spirit have since called off the …

Expanding Access For The Credit Invisible With Just Four Easy Payments? The Unregulated Rise Of Buy Now, Pay Later, Colleen E. Mandell, Morgan J. Lawrence

Loyola Consumer Law Review

No abstract provided.

Arbitration As Seventh Amendment Waiver: A New Angle For Consumer Advocates?, Steven Becker

Loyola Consumer Law Review

No abstract provided.