Consumer Protection Law Commons^™

Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin

Scholarly Articles

The thesis of this article is that a more workable approach to characterizing fees for optional products and services is possible by focusing on charges that represent payment for discrete products or services of value to the consumer, freely chosen by consumers as contract options which do not affect the amount of credit available to the consumer, the consumer's access to it, or the allocation of payment responsibility and credit risk in the transaction or plan. In other words, these fees are for separate-or separable-purchases, analogous to subsequent events in closed-end credit that require no new disclosure or adjustment in …

State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel

Seattle University Law Review

This article continues in Part II by defining predatory lending practices, identifying borrowers who are likely to face predatory lenders, and discussing the consequences of predatory lending. Next, Part III provides a background for existing federal regulation, again in reference to RESPA and TILA. Part IV discusses state legislative efforts to curb predatory lending and identifies the problems of inconsistency and federal exemptions that undermine these state statutes. Part V examines the elements of state consumer protection acts and unfair and deceptive acts or practices ("UDAP") statutes and their application to predatory practices. Part VI argues that, because consumer protection …

Choosing Among Antitrust Liability Standards Under Incomplete Information: Assessments Of And Aversions To The Risk Of Being Wrong, Barbara Ann White

All Faculty Scholarship

This essay analyzes the three papers presented on a panel I organized as chair of the AALS Antitrust Section entitled Evolving Antitrust Treatment of Dominant Firms for the 2005 Annual Meetings. Steve Salop’s and Doug Melamed’s papers recommend standards for government intervention while David McGowan argues why the government should not.

I create a framework within which to understand the three papers’ relationship to each other, by building on McGowan’s characterization of courts’ antitrust decisions. Since antitrust decisions are based on inherently incomplete real world information, they are subject to “error costs”: Courts are at risk of “false positives” (finding …

In Search Of Economic Justice: Considering Competition And Consumer Protection Law, Spencer Weber Waller

Loyola University Chicago Law Journal

No abstract provided.

Behavioral Economics, Overindebtedness & Comparative Consumer Bankruptcy: Searching For Causes And Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.

Civil Codes And Consumers, 51 Loy. L. Rev. 11 (2005), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.

Consumer Brings First-Ever Rico Suit Against National Mover, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Vioxx Scandal Sparks Criticism Of The Fda, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Protecting Our Food: A Critical Look At The National Uniformity For Food Act Of 2004 And Food Safety In America, Megan Danko

Loyola Consumer Law Review

No abstract provided.

Spies Among Us: Can New Legislation Stop Spyware From Bugging Your Computer?, Michael D. Lane

Loyola Consumer Law Review

No abstract provided.

The Regional Mri Case: A Study In The Use Of Independent Contracts In Florida's Pip Insurance Litigation, Rachel Teresa Wright

Loyola Consumer Law Review

No abstract provided.

Debate Over Medical Malpractice Liability Heats Up, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Oral Arguments Heard: Consumers Anticipate Free Flow Of Wine From Upcoming Supreme Court Decision, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Wine Lovers Win Battle, Could Lose War, Ryan Eddings

Loyola Consumer Law Review

No abstract provided.

A Critical Look At The Non-Economic Damage Cap Of The Health Act Of 2005 And Its Impact On Consumers, Shirley Chiu

Loyola Consumer Law Review

No abstract provided.

Trademark "Coexistence" Agreements: Legitimate Contracts Or Tools Of Consumer Deception?, Marianna Moss

Loyola Consumer Law Review

No abstract provided.

Antitrust Implications Of The Credit Card Interchange Fee And An International Survey, Avril Mckean Dieser

Loyola Consumer Law Review

No abstract provided.

How The Antitrust Modernization Commission Should View State Antitrust Enforcement, Robert L. Hubbard, James Yoon

Loyola Consumer Law Review

No abstract provided.

The Business And Legal Obstacles To The Open Access Publishing Movement For Science, Technical, And Medical Journals, Leslie A. Harmel

Loyola Consumer Law Review

No abstract provided.

A New Chapter In Consumer Bankruptcy Law, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Tort Reformers Score Class Action Victory, Douglas C. Nelson

Loyola Consumer Law Review

No abstract provided.

Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine

UIC Law Review

No abstract provided.

What You Can't Have Won't Hurt You - The Real Safety Objective Of The Firearms Safety And Consumer Protection Act, Dennis B. Wilson

Cleveland State Law Review

This article examines an aspect of the debate described above. It begins by describing the federal firearms safety regulation that does exist and explaining the reason that there is relatively little federal firearms safety regulation. It will then examine one legislative proposal to subject firearms to federal safety regulation, the Firearms Safety and Consumer Protection Act of 2003 (Firearms Safety Act) and compare it with the law that has been applied to seek to ensure the safety of other consumer products for over thirty years, the Consumer Product Safety Act (CPSA). That comparison will demonstrate that the genuine objective of …

Consumer Payment Products And Systems: The Need For Uniformity And The Risk Of Political Defeat, Mark E. Budnitz

Faculty Publications By Year

No abstract provided.

Case Note: Procuring A Different Cause: The Return Of The Procuring Cause Doctrine As Applied To Minnesota Real Estate Commission Disputes In Rosenberg V. Heritage Renovations, Llc, Robert Schug

William Mitchell Law Review

This note first examines some useful history and terminology regarding real estate commission disputes, the procuring cause doctrine, and Minnesota Statutes section 82.21.4 It follows with a summary of the facts of the Rosenberg decision and the Minnesota Court of Appeals’ and Minnesota Supreme Court’s analysis of the case. This note then analyzes the supreme court’s decision to apply the procuring cause doctrine in Rosenberg, and concludes with a plea to the Minnesota legislature to clarify that the effect of the statute is to abrogate that doctrine.

Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark

Seattle University Law Review

It has been more than eighteen years since the Washington Supreme Court handed down its landmark decision in Hangman Ridge Training Stables v. Safeco Title Insurance Company. This was the final decision in a string of cases in which the court attempted to resolve problems arising from the application and interpretation of the right to a private cause of action under Washington's Consumer Protection Act ("CPA"). This Article explores the application of the public interest requirement since the decision in Hangman Ridge and considers whether the tests devised by the Hangman Ridge court to determine public interest are still …

In Search Of Economic Justice: Considering Competition And Consumer Protection Law, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

‘Don’T File!’: Rehabilitating Unauthorized Practice Of Law-Based Policies In The Credit Counseling Industry, Lea Krivinskas Shepard

Faculty Publications & Other Works

No abstract provided.

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis

Cardozo Journal of Equal Rights & Social Justice

The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …

Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn

Cardozo Arts & Entertainment Law Journal

No abstract provided.