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Consumer Protection Law Commons™

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Full-Text Articles in Consumer Protection Law

Cfpb Seeks To Further Strategy To Prevent Consumer Harm, Rebecca Garcia Jan 2020

Cfpb Seeks To Further Strategy To Prevent Consumer Harm, Rebecca Garcia

Loyola Consumer Law Review

No abstract provided.


The American Law Institute's Unsound Bid To Reinvent Contract Law In The Proposed Restatement Of The Law, Consumer Contracts, Christopher E. Appel Jan 2020

The American Law Institute's Unsound Bid To Reinvent Contract Law In The Proposed Restatement Of The Law, Consumer Contracts, Christopher E. Appel

Loyola Consumer Law Review

No abstract provided.


The Restatement Of The Law Of Consumer Contracts: The American Law Institute's Impossible Dream, Mark E. Budnitz Jan 2020

The Restatement Of The Law Of Consumer Contracts: The American Law Institute's Impossible Dream, Mark E. Budnitz

Loyola Consumer Law Review

No abstract provided.


Ideology, Coercion, And The Proposed Restatement Of The Law Of Consumer Contracts, Nancy S. Kim Jan 2020

Ideology, Coercion, And The Proposed Restatement Of The Law Of Consumer Contracts, Nancy S. Kim

Loyola Consumer Law Review

No abstract provided.


Limits Of Assent In Consumer Contracts: A (Regulatory) View From The South, Nicolas Rojas Covarrubias Jan 2020

Limits Of Assent In Consumer Contracts: A (Regulatory) View From The South, Nicolas Rojas Covarrubias

Loyola Consumer Law Review

The Restatement of the Law Consumer Contracts project has proved to be controversial. The current published draft of the Restatement diminishes the role of assent as a fundamental element to determine the content of an agreement, limiting its influence to the "core deal terms" and accepting that proper notice and reasonable opportunity to review proposed standard terms (pre or post transaction) is enough to adopt them as part of the contract. This has been questioned from empirical and normative perspectives, being qualified as detrimental to consumers' rights. In fact, the draft proposal actually incurs in the same defect that it …


The Need For Reform: Discharging Student Loan Debts In Bankruptcy Proceedings Under The Brunner Test, Jacob M. Kupferman Jan 2020

The Need For Reform: Discharging Student Loan Debts In Bankruptcy Proceedings Under The Brunner Test, Jacob M. Kupferman

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2020

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


The General Data Protection Regulation And California Consumer Privacy Act: The Economic Impact And Future Of Data Privacy Regulations, Christopher Bret Alexander Jan 2020

The General Data Protection Regulation And California Consumer Privacy Act: The Economic Impact And Future Of Data Privacy Regulations, Christopher Bret Alexander

Loyola Consumer Law Review

No abstract provided.


Privacy Or Protection: The Catch-22 Of The Ccpa, Diane Y. Byun Jan 2020

Privacy Or Protection: The Catch-22 Of The Ccpa, Diane Y. Byun

Loyola Consumer Law Review

On June 28, 2018, the California Legislature passed the nation's strictest data privacy law, the California Consumer Privacy Act of 2018 ("CCPA"). Although effective January 1, 2019, the provisions of the CCPA did not become operative until January 1, 2020. The CCPA enforces compliance obligations on any business that collects covered personal information about California residents ("Consumers") and exceeds one of three thresholds: (i) annual gross revenues of $25 million, (ii) collection of personal information for commercial purpose of 50,000 or more covered consumers, or (iii) 50% or more annual revenue from selling Consumers' personal information. This low threshold demonstrates …


Algorithms Take Flight: Modern Pricing Algorithms' Effect On Antitrust Laws In The Aviation Industry, David Krieghbaum Jr. Jan 2020

Algorithms Take Flight: Modern Pricing Algorithms' Effect On Antitrust Laws In The Aviation Industry, David Krieghbaum Jr.

Loyola Consumer Law Review

What happens when an inevitable moving force collides with an immovable object? Either the force finds a way around the object or the object must adapt to contain the force. Over a century has passed since the federal government passed the Sherman Act, Clayton Act, and Federal Trade Commission Act. As times change, the three reigning laws have had very little reform. Federal antitrust laws remain immovable through the past century as civilization has made astounding advancements. The advancement of technology in business is inevitably becoming a large part of how corporations are securing advantages against their competition. Artificial intelligence …


The Pallone-Thune "Traced Act": Expanding Consumer Protection In The Fight Against Robocalls, Caitlin Figueroa Jan 2020

The Pallone-Thune "Traced Act": Expanding Consumer Protection In The Fight Against Robocalls, Caitlin Figueroa

Loyola Consumer Law Review

No abstract provided.


How States And Localities Are In A Better Position Than The Fda To Address Youth Use Of E-Cigarettes, Kevin Kanavy Jan 2019

How States And Localities Are In A Better Position Than The Fda To Address Youth Use Of E-Cigarettes, Kevin Kanavy

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2019

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


Connecting The Dots: Quality, Antitrust, And Medicine, Theodosia Stavroulaki Jan 2019

Connecting The Dots: Quality, Antitrust, And Medicine, Theodosia Stavroulaki

Loyola Consumer Law Review

Antitrust applies to healthcare. Questioning the wisdom of this universal truth, medical professionals actively insisted and still insist on professional discretion, self-regulations and other practices that violate the antitrust laws. What do medical professionals aim to achieve by resisting the application of antitrust into their profession? What do antitrust enforcers aim to achieve by applying antitrust law to the medical profession? The answer is simple. Among others, both antitrust enforcers and medical professionals aim to ensure quality. Interestingly, albeit their goal is identical, their approach is different. Why? This essay explores this enigma by analyzing some seminal healthcare antitrust cases. …


The Law Of The Middle Class: Consumer Finance In The Law School Curriculum, Adam J. Levitin Jan 2019

The Law Of The Middle Class: Consumer Finance In The Law School Curriculum, Adam J. Levitin

Loyola Consumer Law Review

America is defined by its broad middle class, but the middle class is virtually absent from the law school curriculum. Law school courses deal with general concerns (contracts, torts, property, and taxes), the concerns of the rich (trusts and estates), and occasionally the law of the poor, but there are no courses dedicated to the financial concerns of the middle class. This Essay argues 'that the defining feature of the American middle class is its reliance on credit to finance its essential purchases: a home, a car, and an education. The law of the middle class is the law of …


American Usury Law And The Military Lending Act, Paul E. Kantwill, Christopher L. Peterson Jan 2019

American Usury Law And The Military Lending Act, Paul E. Kantwill, Christopher L. Peterson

Loyola Consumer Law Review

No abstract provided.


The Cfpb's New Direction, James Orescanin Jan 2019

The Cfpb's New Direction, James Orescanin

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2019

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


Consumer Financial Protection Bureau Reverses Course, Rebecca Garcia Jan 2019

Consumer Financial Protection Bureau Reverses Course, Rebecca Garcia

Loyola Consumer Law Review

No abstract provided.


Incipiency, Richard M. Steuer Jan 2019

Incipiency, Richard M. Steuer

Loyola Consumer Law Review

No abstract provided.


Ftc Trends In Consumer Protection, Margaret Krawiec, Ivan Schlager, Neepa Mehta, Keyawna Griffith, Lotus Ryan Jan 2019

Ftc Trends In Consumer Protection, Margaret Krawiec, Ivan Schlager, Neepa Mehta, Keyawna Griffith, Lotus Ryan

Loyola Consumer Law Review

No abstract provided.


Sexual Orientation And The Ecoa: A Case For Statutory Protections, Andrew Potter Jan 2019

Sexual Orientation And The Ecoa: A Case For Statutory Protections, Andrew Potter

Loyola Consumer Law Review

No abstract provided.


The Compensation For Victims Of Disasters In Belgium, France, Germany, And The Netherlands, Véronique Bruggeman, Michael Faure Jan 2019

The Compensation For Victims Of Disasters In Belgium, France, Germany, And The Netherlands, Véronique Bruggeman, Michael Faure

Loyola Consumer Law Review

No abstract provided.


Supreme Court Spotlight: Lamps Plus, Inc., Et Al. V. Frank Varela, James Orescanin Jan 2019

Supreme Court Spotlight: Lamps Plus, Inc., Et Al. V. Frank Varela, James Orescanin

Loyola Consumer Law Review

No abstract provided.


Table Of Contents, Loyola Consumer Law Review Jan 2019

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.


The Future Of Consumer Protection: Remarks At Loyola University Chicago School Of Law, Richard Cordray Jan 2019

The Future Of Consumer Protection: Remarks At Loyola University Chicago School Of Law, Richard Cordray

Loyola Consumer Law Review

No abstract provided.


Commissioning The Consumer Financial Protection Bureau, Jolina C. Cuaresma Jan 2019

Commissioning The Consumer Financial Protection Bureau, Jolina C. Cuaresma

Loyola Consumer Law Review

There has been much debate over the Consumer Financial Protection Bureau's lack of executive and congressional oversight: its single director removable only for cause and its operations are not subject to appropriations. This paper explains how this very leadership and accountability structure-intended to politically insulate the agency-had the perverse effect of politicizing it. Since Director Cordray's departure, there has been increased regulatory uncertainty, discouraging financial innovation and harming consumer welfare. This paper recommends that Congress restructure the Bureau into a multi-member, bipartisan commission to provide industry regulatory predictability and ensure that consumer protection retains its independent seat in the financial …


Every Tool At Its Disposal: The Case For A Student Loan Servicing Rulemaking, Seth Frotman Jan 2019

Every Tool At Its Disposal: The Case For A Student Loan Servicing Rulemaking, Seth Frotman

Loyola Consumer Law Review

No abstract provided.


Helsinn V. Teva: A Big Blow To Small Pharma, Anureet Sandhu Jan 2019

Helsinn V. Teva: A Big Blow To Small Pharma, Anureet Sandhu

Loyola Consumer Law Review

In Helsinn v. Teva, the Supreme Court held that Congress did not alter the meaning of "on sale" when it enacted the LeahySmith America In vents Act and, therefore, an inventor's sale of an invention to a third party who is obligated to keep the invention confidential may qualify as prior art. The Court relied upon precedent which suggested that a sale or offer of sale need not make an invention available to the public to qualify as prior art. Instead, the on-sale bar only required that the invention be the subject of a commercial offer for sale and ready …


Bringing Down The Average: The Case For A "Less Sophisticated" Reasonableness Standard In Us And Eu Consumer Law, Jason Cohen Jan 2019

Bringing Down The Average: The Case For A "Less Sophisticated" Reasonableness Standard In Us And Eu Consumer Law, Jason Cohen

Loyola Consumer Law Review

No abstract provided.