Consumer Protection Law Commons^™

A Psychological Investigation Of Consumer Vulnerability To Fraud: Legal And Policy Implication, 35 Law & Psychol. Rev. 61 (2011), Jessica M. Choplin, Debra Pogrund Stark, Jasmine N. Ahmad

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Future Of Consumer Arbitration In Light Of Stolt-Nielsen, Terry F. Moritz, Brandon J. Fitch

Loyola Consumer Law Review

No abstract provided.

Adjudicating Insurance Policy Disputes: A Critique Of Professor Randall's Proposal To Abandon Contract Law, Jared Wilkerson

Loyola Consumer Law Review

No abstract provided.

Debt Settlement: New Illinois Law Provides Significant Consumer Relief, Loren G. Renner

Loyola Consumer Law Review

No abstract provided.

Anti-Smoking Legislation: Why Strong Local Legislation & Action Better Protect The Consumer Than Federal Legislation & Action, Eryk Wachnik

Loyola Consumer Law Review

No abstract provided.

Good Health And Low Costs: Why The Ppaca's Preventive Care Provisions May Not Produce Expected Outcomes, Adam Marks

Loyola Consumer Law Review

No abstract provided.

The Informed Consumer Is A Healthy Consumer? - The American Obesity Epidemic And The Federal Menu Labeling Law, Katherine Wilbur

Loyola Consumer Law Review

No abstract provided.

Introducing The Low-Profit Limited Liability Company (L3c): The New Kid On The Block, Cody Vitello

Loyola Consumer Law Review

No abstract provided.

Who Will Protect Chinese Consumers? The Past, Present And Future Of Consumer Protection Legislation In China, Junke Xu

Loyola Consumer Law Review

No abstract provided.

Can You Hear Me Now?: A Look Into The Future Of Cell Phone Carrier Competition, Eryk Wachnik

Loyola Consumer Law Review

No abstract provided.

Documentation? - I Don't Have To Show You Any Stinkin' Documentation - An Evaluation Of The Verification Requirement Of 15 U.S.C. Sec. 1692g(B), Michael D. Slodov

Loyola Consumer Law Review

No abstract provided.

Product Liability And Internet Prevention: The Cpsc Online Consumer Database, Leslie Cornell

Loyola Consumer Law Review

No abstract provided.

Condo Developers And Fiduciary Duties: An Unlikely Pairing?, Alisa M. Levin

Loyola Consumer Law Review

No abstract provided.

Catching Sight Of Credence Attributes: Compelling Production Method Disclosures On Eggs, Aurora Paulsen

Loyola Consumer Law Review

No abstract provided.

"The Durbin Tax" And How The Banks Tried To Insure Their Bottom Line, Eryk J. Wachnik

Loyola Consumer Law Review

No abstract provided.

Twitter's Trademark Problems: Is The Anticybersquatting Consumer Protection Act Outdated?, 10 J. Marshall Rev. Intell. Prop. L. 764 (2011), Cole C. Hardy

UIC Review of Intellectual Property Law

Under the Lanham Act there is no remedy for individuals when imposters register user names with corresponding post-domain paths containing protected trademarks on social network websites. While Twitter temporarily experimented with its own verification process, it currently does not help users of its site distinguish trademark owners’ pages from the imposters’ pages. Current law discouraging such activity only applies to domain names. This article proposes that with a minor change to the ACPA, the Lanham Act could be updated to help trademark owners protect their rights when infringing activity is experienced with social networking handles and the corresponding post-domain paths.

Warning, This Decision Will Increase The Cost Of Prescription Drugs: How The Supreme Court’S Misapplication Of Preemption Doctrine In Wyeth V. Levine Portends Devastating Consequences For Oklahoma, Tyler R. Barrett

Oklahoma Law Review

No abstract provided.

Will The Cftc Defy Congress's Mandate To Stop Excessive Speculation In Commodity Markets And Aid And Abet Hyperinflation In World Food And Energy Prices: Analysis Of The Cftc's Proposed Rules On Speculative Position Limits, Michael Greenberger

Faculty Scholarship

On January 26, 2011, the Commodity Futures Trading Commission issued the Notice of Proposed Rulemaking on Position Limits for Derivatives pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act.  The proposed rules are designed to implement the historic Congressional mandate of the Commodity Exchange Act, as amended by Section 737 of the Dodd-Frank Act, to ban excessive speculation from the derivatives market, i.e., the speculation which exceeds the need for liquidity by commercial handlers hedging price risk in these markets. Section 737 is the result of multi-year consideration by Congress, during which a strong consensus was reached …

Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana

Fordham Journal of Corporate & Financial Law

This article offers a new perspective on battling credit card fraud. It departs from a focus on post factum liability, which characterizes most legal scholarship and federal legislation on credit card fraud and applies corrective mechanisms only after the damage is done. Instead, this article focuses on preempting credit card fraud by tackling the root causes of the problem: the built-in incentives that keep the credit card industry from fighting fraud on a system-wide basis. This article examines how credit card companies and banks have created a self-interested infrastructure that insulates them from the liabilities and costs of credit card …

Creditors’ Contempt., Lea Krivinskas Shepard

Faculty Publications & Other Works

This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as "debtor's examinations," "turnover orders," "citations to discover assets,' "supplementary proceedings," "proceedings supplementary," and "proceedings in aid of execution," in personam remedies force the debtor, under threat of the court's contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court's contempt authority can result in a debtor's imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …

Financial Stability Is A Volume Business: A Comment On The Legal Infrastructure Of Ex Post Consumer Debtor Protections, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Professor Melissa B. Jacoby's essay pays homage to Stewart Macaulay's classic study of the Magnuson-Moss Warranty Act, a U.S. federal consumer protection law that, according to Macaulay, was virtually unknown to the lawyers whose clients needed it the most. The moral of Macaulay's study is that even good consumer protection laws on the books often fail to deliver in action for complex cultural, institutional, and economic reasons. Yet reducing Professor Jacoby's essay to this very important moral undersells its contribution. A fragmented infrastructure for legal service delivery of the sort she describes does not merely fail consumers more often than …

Clearing And Trade Execution Requirements For Otc Derivatives Swaps Under The Frank-Dodd Wall Street Reform And Consumer Protection Act, Willa E. Gibson

Akron Law Faculty Publications

This paper examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the “Wall Street Transparency and Accountability Act of 2010” (the “Act”). The Act provides a comprehensive regulatory framework for swap transactions that designates the Commodities Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) as the primary regulators of the OTC derivatives swap market. The Act provides a very broad definition of swaps to include most OTC derivatives transactions, and it grants the CFTC regulatory jurisdiction over them with the exception of security-based swaps to which the SEC is granted regulatory jurisdiction. …

The Dodd-Frank Wall Street Reform And Consumer Protection Act: A Failed Vision For Increasing Consumer Protection And Heightening Corporate Responsibility In International Financial Transactions, Eric C. Chaffee

American University Law Review

No abstract provided.

The Consumer Financial Protection Bureau's Appointment With Trouble, Kent Barnett

American University Law Review

No abstract provided.

Mortgage Foreclosures, Mortgage Morality, And Main Street: What’S Really Happening?, Jennifer M. Smith

Journal Publications

The American economy is in the tank. Millions of citizens are without jobs, overwhelmed with credit card debt, and losing their homes. The brighter side is that as a result, America has finally embraced financial reform, and the unstable economy is stabilizing marriages. Nevertheless, the United States remains in the midst of a housing crisis, and the ending remains uncertain.

There has been a media blitz about the housing crisis and Wall Street - corporate interests, but much less about the actual impact of the housing crisis on Main Street - America's working class people and small business owners. This …

Consumer Contract Exchanges And The Problem Of Adhesion, Andrew A. Schwartz

Publications

Businesses and sophisticated parties have long used "contract exchanges," like the Chicago Board of Trade, to obtain a fair price and protect themselves from market volatility. These contract exchanges have greatly benefited both their participants and the public at large, but participation was long limited to a wealthy few. A decade ago, however, Internet websites, including Hotwire and Priceline, brought the power of contract exchanges directly to consumers, allowing regular people to flex their collective bargaining power to obtain low prices on travel services. Even more recently, other such "consumer contract exchanges," including Prosper and MoneyAisle, have organized vibrant markets …

Racism, Capitalism, And Predatory Lending: How The U.S. Government's Failure To Regulate The Disproportionate Negative Effects Of Payday Lending In Black Communities Violates The International Convention On The Elimination Of All Forms Of Racial Discrimination, Paulina Davis

Articles & Chapters

No abstract provided.

Not With A Bang, But A Whimper: Congress's Proposal To Overturn The Supreme Court's Leegin Decision With The Discount Pricing Consumer Protection Act Of 2009, Ariana E. Gillies

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Ethics Of Unbranding, Jeremy N. Sheff

Faculty Publications

This Essay explores the ethical implications of the phenomenon of "unbranding" that has recently been discussed in popular and scholarly literature. It compares two extant definitions of unbranding and examines each under alternative ethical theories of trademark law, specifically deontological and consequentialist theories. With respect to each of these theories, the Essay examines the ethical questions raised by the existence of asymmetric information between brand owners and consumers. This includes asymmetries not only with regard to information about products, but also with regard to information about consumer decision-making processes. The latter asymmetry presents conflicts between deontological and consequentialist conclusions regarding …

Fiduciary Duty And The Public Interest, Cheryl L. Wade

Faculty Publications

(Excerpt)

Professor Tamar Frankel’s excellent book, Fiduciary Law, is a thorough and comprehensive look at the fiduciary-law forest. My contribution to the Symposium on The Role of Fiduciary Law and Trust in the Twenty-First Century is one leaf on one branch of one tree in the forest that Professor Frankel so expertly navigates. In this Essay, I explore the fiduciary relationship between corporate directors and officers and the shareholders they serve. I examine how the breach of fiduciary duties owed to shareholders has the power to dramatically impact non-shareholder groups.

Professor Frankel accurately observes that “[f]iduciary duties are anchored …