Consumer Protection Law Commons^™

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Loyola Consumer Law Review

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Editors Note, Jeffrey M. Sussman

Loyola Consumer Law Review

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Loyola Consumer Law Review

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Remedies - How Far And How Much, George Addy, Anita Banicevic

Loyola Consumer Law Review

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Loyola Consumer Law Review

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Antitrust (Over-?) Confidence, Thomas A. Lambert, Joshua D. Wright

Loyola Consumer Law Review

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Picking Over The Cfi Microsoft Judgment Of 17 September, 2007, Philip Marsden Dr.

Loyola Consumer Law Review

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Adding Injury To Injury: Inadequate Protection Of Tenants' Property During Eviction And The Need For Reform, Larry Weiser, Matthew T. Treu

Loyola Consumer Law Review

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Be Careful What You Click For: An Analysis Of Online Contracting, Rachel S. Conklin

Loyola Consumer Law Review

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Supreme Court Restricts State Tort Claims Against Federally-Approved Medical Devices, Thomas A. Mccann

Loyola Consumer Law Review

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Concealment Of Information In Consumer Transactions In The United States, Sweden, And China: A Window To The Relationship Between Individualism And Regulation, M. Neil Browne, Justin Rex, Curtis Bunner

Loyola Consumer Law Review

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Second Circuit Shuts Down New York's Airline Passenger Bill Of Rights, Thomas A. Mccann

Loyola Consumer Law Review

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Enforcement Practices For Breaches Of Consumer Protection Legislation, Michael Faure, Anthony Ogus, Niels Philipsen

Loyola Consumer Law Review

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A' La Carte V. Channel Bundling: The Debate Over Video Programming Distribution, Christopher T. Buckley

Loyola Consumer Law Review

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Icompete: Analyzing Vendor-Exclusive Smartphone Tying Arrangements Under Federal Law, Andrew Greenhalgh

Loyola Consumer Law Review

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To Stop A Predator: Is A Complete Ban On For-Profit Foreclosure Rescue Operations The Best Way To Prevent Equity Stripping?, Allison D. Matthews

Loyola Consumer Law Review

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Calls For More Wireless Regulation Heating Up In Congress, Thomas A. Mccann

Loyola Consumer Law Review

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Regional Sports Networks, Competition, And The Consumer, Diana Moss

Loyola Consumer Law Review

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Vertical Price Restraints After Leegin, Edward D. Cavanagh

Loyola Consumer Law Review

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Of Selling The Environment - Buyer Beware? An Evaluation Of The Proposed F.T.C. Green Guides Revisions, Jennifer Woods

Loyola Consumer Law Review

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Interpretation And Disclosure In Insurance Contracts, Dudi Schwartz

Loyola Consumer Law Review

This Essay has two goals: one descriptive and one normative.Descriptively, it explicates the connection between interpretation of insurance contracts and the Insurer's disclosure duty. Disclosure duties and interpretation rules constitute a two way street. The interpretation of insurance contracts by courts, ex post, influences the incentives of insurance companies to disclose information to consumers, ex ante. Correspondingly, the scope of ex ante disclosure by insurance companies impacts the willingness of courts to overwrite insurance contracts by broadly interpreting provisions to increase the liability of insurance companies. To illustrate this claim, the Essay discusses the two principal interpretive tools used by …

Towards A Market For Bank Safety, Chris Jay Hooofnagle

Loyola Consumer Law Review

Imagine shopping for a car in 1960. Safety is important to you. How do you assess a car's performance in surviving a crash? What tools were available then to take an informed decision?

The modern consumer of financial services is in a similar position as the car shopper of the z96os. How does the modern consumer choose a bank that is relatively safe from identity thieves and other malicious individuals? Perhaps she chooses the larger institution, because it has more resources to address fraud. Or perhaps a smaller institution offers more protection, because it is more obscure. There is no …

This Is The End... My Friend: Disgorgement, Dissolution And Sequestration As Remedies Under State Udap Statutes, Michael Flyn

Loyola Consumer Law Review

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New Tools For Combating Unfair, Deceptive And Abusive Mortgage Practices: New Amendments To Regulation Z, Solomon Maman

Loyola Consumer Law Review

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Federal Housing Help Falls Short: The Housing And Economic Recovery Act Of 2008, Evan Page

Loyola Consumer Law Review

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Justice Department's Section 2 Report Sparks A Heated Debate In The Antitrust Community, Dawn Goulet

Loyola Consumer Law Review

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Opening The Door: Crowe V. Tull And The Application Of The Colorado Consumer Protection Act To Attorneys, Daniela Ronchetti

University of Colorado Law Review

In Crowe v. Tull, the Colorado Supreme Court held that the Colorado Consumer Protection Act ("CCPA") applies to attorneys. Putting consumers of legal services on par with consumers in other industries, the decision opened a new avenue of recovery in attorney-client disputes. This Note explores the ramifications of Crowe for attorneys and their clients. Specifically, the Note analyzes the elements of a CCPA claim and their interpretation by the courts and argues that in most cases, a client will not be able to successfully pursue a CCPA claim against his or her attorney. Particularly, a client will have difficulty proving …

Does Fraud Pay - An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes , Debra Pogrund Stark, Jessica M. Choplin

Cleveland State Law Review

The discretionary language in some consumer fraud statutes may cause consumers and lawyers to be less likely to decide to bring even a strong meritorious consumer fraud case, impeding the articulated legislative policy to promote the bringing of such cases. These statutes should be modified to eliminate such discretion by the courts. Part II of the Article sets out the economic dilemma a typical consumer faces in deciding whether to bring an action under the common law to be compensated for her losses when she has been defrauded (the "economic feasibility" issue). It then discusses the legislative response to the …

Peterson V. Balach, Obvious Dangers, And The Duty Of Possessors Of Land In Minnesota, Michael K. Steenson

Faculty Scholarship

The purpose of this article is to analyze Minnesota landowners law, with particular emphasis on the impact of Peterson v. Balach. Following a short history of Minnesota law governing possessors’ duties, including a discussion of pre-Peterson v. Balach and Adee v. Evanson cases, the article considers the question of why the courts, post-Peterson v. Balach/Adee v. Evanson, regularly return to pre-Peterson forms to resolve possessor liability issues, particularly in cases involving obvious dangers, and whether the phenomenon is a result of a wrong turn or is a reflection of a conscious policy choice intended to effectively repudiate the progressive position …

Vertical Price Restraints After Leegin, Edward D. Cavanagh

Faculty Publications

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In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the Supreme Court by a vote of 5-4 overruled the century old per se ban on resale price maintenance ("r/p/r") enunciated in the Dr. Miles case. The Court did not rule that r/p/m is lawful per se but rather held that vertical price restraints should be adjudged under the broader rule of reason analysis. The decision was not unexpected; and, indeed, it was welcomed in many quarters. From one perspective, Leegin is a long overdue ruling that simply brings treatment of r/p/m into line with the treatment of vertical …