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Full-Text Articles in Consumer Protection Law

Scouring Muddied Waters: Towards Clarifying The Cfpb's "Abusive" Practices, Michael R. Faz Jan 2019

Scouring Muddied Waters: Towards Clarifying The Cfpb's "Abusive" Practices, Michael R. Faz

Loyola Consumer Law Review

While this Article was pending publication, several events unfolded altering the landscape of the abusive power. As a preliminary note, during the pendency of publication several dispositions changed-either by court order or agreement between the parties. Next, in June 2019, Director Kraninger kicked off the Bureau's symposium series by holding an open forum over the abusive power. The symposium consisted of two panels: one focusing on policy, composed of law professors, and one focusing on practical application, comprised of practicing attorneys in private and government practice. Both panels were intellectually stimulating and presented diverging views. In the policy panel, major …


Antitrust Analysis Of Nopec Legislation, Harry First, Darren Bush Jan 2019

Antitrust Analysis Of Nopec Legislation, Harry First, Darren Bush

Loyola Consumer Law Review

This Article analyzes the proposed "No Oil Producing and Exporting Cartels Act of 2019" (NOPEC). This legislation, which was introduced in the United States Senate and House of Representatives, addresses the antitrust issues involved in suing the Organization of the Petroleum Exporting Countries (OPEC), their member states and their state owned oil companies (SOEs), other states and their SOEs, and private companies for their participation in an international cartel that has long been involved in regulating the production and distribution of oil and other petroleum products. It is our view that this proposed legislation provides a relatively moderate approach to …


Deception Unknown: A Hard Look At Deceptive Trade Practices In The Video Game Industry, Elad Botwin Jan 2019

Deception Unknown: A Hard Look At Deceptive Trade Practices In The Video Game Industry, Elad Botwin

Loyola Consumer Law Review

The video game industry is rapidly growing and reaching more people, adults and children alike, across the world. There have been only a handful of legal actions regarding deceptive trade practices by companies in the video game industry. There has been only one government ruling that has substantively reviewed a game over representations regarding its features - the United Kingdom's Advertising Standards Authority (ASA) ruling on the game No Man's Sky in November 2016. The dearth of legal action in this area and the shortfalls in the ASA investigation boil down to a fundamental lack of rules and guidance for …


The California Consumer Privacy Act Of 2018: Toughest U.S. Data Privacy Law With Teeth?, Yunge Li Jan 2019

The California Consumer Privacy Act Of 2018: Toughest U.S. Data Privacy Law With Teeth?, Yunge Li

Loyola Consumer Law Review

No abstract provided.


Transcript: Competition Law Compliance And Leniency, Mark Clough Jan 2018

Transcript: Competition Law Compliance And Leniency, Mark Clough

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2018

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2018

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


Transcript: The Importance Of Compliance: What Businesses And Agencies Can Do Better, Anne Riley Jan 2018

Transcript: The Importance Of Compliance: What Businesses And Agencies Can Do Better, Anne Riley

Loyola Consumer Law Review

No abstract provided.


The Importance Of Compliance: What Businesses And Agencies Can Do Better, Anne Riley Jan 2018

The Importance Of Compliance: What Businesses And Agencies Can Do Better, Anne Riley

Loyola Consumer Law Review

No abstract provided.


Competition Law Compliance And Leniency, Mark Clough Jan 2018

Competition Law Compliance And Leniency, Mark Clough

Loyola Consumer Law Review

No abstract provided.


Pharmaceutical Patent Wars, Reverse-Payment Settlements, And Their Anticompetitive Effects For Consumers, Steven Adamson Jan 2018

Pharmaceutical Patent Wars, Reverse-Payment Settlements, And Their Anticompetitive Effects For Consumers, Steven Adamson

Loyola Consumer Law Review

No abstract provided.


The Evolution Of Crowdfunding: Reconciling Regulation Crowdfunding With Initial Coin Offerings, Michael R. Meadows Jan 2018

The Evolution Of Crowdfunding: Reconciling Regulation Crowdfunding With Initial Coin Offerings, Michael R. Meadows

Loyola Consumer Law Review

No abstract provided.


Budding Torts: Forecasting Emerging Tort Liability In The Cannabis Industry, John Campbell, Sahib Singh Jan 2018

Budding Torts: Forecasting Emerging Tort Liability In The Cannabis Industry, John Campbell, Sahib Singh

Loyola Consumer Law Review

The marijuana industry is booming. It is expanding into new states while it grows beyond the medical marijuana market into the recreational world. What was once illicit profit is quickly becoming on-the-books gains. As the industry matures, billions will be made, and companies once viewed suspiciously will become market giants. But this growth will not be without consequences. As marijuana use grows, and those who profit from it become established companies, the marijuana industry will become a target for tort claims that other industries have faced for decades. These claims, ranging from product liability claims to vehicular injury to consumer …


A Short Defense Of Southland, Casarotto, And Other Long-Controversial Arbitration Decisions, Stephen J. Ware Jan 2018

A Short Defense Of Southland, Casarotto, And Other Long-Controversial Arbitration Decisions, Stephen J. Ware

Loyola Consumer Law Review

No abstract provided.


Proposition 65: Why Coffee In California May Come With A Cancer Warning, Thomas J K Schick Jan 2018

Proposition 65: Why Coffee In California May Come With A Cancer Warning, Thomas J K Schick

Loyola Consumer Law Review

No abstract provided.


Amendments To California's Proposition 65: Clarity For Consumers, Less Confusion For Businesses, Haleigh S. Haffner Jan 2018

Amendments To California's Proposition 65: Clarity For Consumers, Less Confusion For Businesses, Haleigh S. Haffner

Loyola Consumer Law Review

No abstract provided.


Framework For The Recognition Of Competition Compliance Programs And Dilemmas Faced By Competition Authorities, András Tóth Jan 2018

Framework For The Recognition Of Competition Compliance Programs And Dilemmas Faced By Competition Authorities, András Tóth

Loyola Consumer Law Review

Should competition authorities reward compliance? How could competition authorities reward compliance? This article aims to examine these questions by analysing the approaches taken by the competition authorities, and the positive and negative effects that may result if competition authorities reward competition compliance programmes. Finally, the paper sets out the frameworks of recognition of competition compliance programmes and dilemmas faced by competition agencies when rewarding ex-ante and ex-post compliance efforts.


Constitutive Compliance, Edward J. Janger Jan 2018

Constitutive Compliance, Edward J. Janger

Loyola Consumer Law Review

I come to the topic of this roundtable as an outsider. I teach bankruptcy, contracts, and commercial law, so my observations about antitrust and compliance are trans-substantive, brief, and offered at the highest level of abstraction. I offer three broad insights about the role of compliance, generally within a firm: (1) compliance should be viewed as a core topic in corporate governance; (2) compliance should focus on fundamental behavioral norms rather than complex rules; and (3) compliance should be thought of as constitutive rather than constraining. Insofar as these insights apply to antitrust, there are considerable differences among types of …


Incentives To Comply With Competition Law, Max Huffman Jan 2018

Incentives To Comply With Competition Law, Max Huffman

Loyola Consumer Law Review

According to two authors, achieving compliance with competition laws is a question of “incentives to promote compliance and to promote the ethical value of compliance.”1 This Discussion Paper addresses the question of “Incentives to Comply with Competition Laws.” It addresses this topic in three steps. First, this Discussion Paper asks about the meaning of “compliance” and considers theoretical questions related to efforts at compliance. Second, this Discussion Paper addresses analytic ambiguity of competition law and other challenges to the achievement of a robust compliance culture. Third, this Discussion Paper asks – as among private enterprises subject to the laws, public …


Transcript: Incentives To Comply With Competition Law, Max Huffman Jan 2018

Transcript: Incentives To Comply With Competition Law, Max Huffman

Loyola Consumer Law Review

No abstract provided.


Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller Jan 2018

Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller

Loyola Consumer Law Review

Trade associations can play a procompetitive role in an economy but, as an association of actual and potential competitors, can also raise important competition law issues that must be addressed carefully by legal counsel. This Issue Paper presents a hypothetical problem that illustrates many of the issues that counsel can confront in representing a trade association, its members, or company executives. The Issue Paper raises many of the issues from a United States’ perspective with occasional comparative examples from other jurisdictions. Carefully consider how your jurisdiction would, and should, address these all too real issues. In thinking about the competition …


Transcript: Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller Jan 2018

Transcript: Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller

Loyola Consumer Law Review

No abstract provided.


Supreme Court Term Spotlight: Ohio V. American Express Company, Thomas J K Schick Jan 2018

Supreme Court Term Spotlight: Ohio V. American Express Company, Thomas J K Schick

Loyola Consumer Law Review

No abstract provided.


Trading Your Health: Assessing The Need For Domestic Regulation Of Telemedicine And Ability To Conform To U.S. Trade Agreements, Marilyn L. Higdon Jan 2018

Trading Your Health: Assessing The Need For Domestic Regulation Of Telemedicine And Ability To Conform To U.S. Trade Agreements, Marilyn L. Higdon

Loyola Consumer Law Review

International telemedicine services have existed virtually outside the U.S. regulatory matrix for over a decade. This lack of regulation has opened the door for dangerous and possibly lifethreatening situations to arise, leaving little to no available recourse for injured consumers. Regulation is often cast as an antonym of liberalization and a dirty word under the current political and economic zeitgeist. Despite this common misconception, regulation can be imposed without threatening liberalized trade or breaching current free-trade agreements. All current trade agreements, by nature, seek to increase liberalization and globalization by reducing barriers to trade. However, lack of commitment, provisions allowing …


Leap Of Faith: Managed Care And The Privatization Of Medicaid Longterm Care Services, Brendan W. Williams Jan 2018

Leap Of Faith: Managed Care And The Privatization Of Medicaid Longterm Care Services, Brendan W. Williams

Loyola Consumer Law Review

No abstract provided.


The Equifax Breach: What We Learned And How We Can Protect Consumer Data, Thomas G. Siracusa Jr Jan 2018

The Equifax Breach: What We Learned And How We Can Protect Consumer Data, Thomas G. Siracusa Jr

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2018

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


Using Online Tools To Assess Consumer Perceptions Of Class-Action Food Litigation, Baylen J. Linnekin Jan 2018

Using Online Tools To Assess Consumer Perceptions Of Class-Action Food Litigation, Baylen J. Linnekin

Loyola Consumer Law Review

No abstract provided.


Federal Legislative Attacks On Class Actions, Joanne Doroshow Jan 2018

Federal Legislative Attacks On Class Actions, Joanne Doroshow

Loyola Consumer Law Review

No abstract provided.


The Corporate Governance Role Of Retail Investors, Gaia Balp Jan 2018

The Corporate Governance Role Of Retail Investors, Gaia Balp

Loyola Consumer Law Review

No abstract provided.