Consumer Protection Law Commons^™

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

Loyola Consumer Law Review

No abstract provided.

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

Loyola Consumer Law Review

No abstract provided.

The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach, Olivia Altmayer

Northwestern Journal of International Law & Business

Contrary to the Court of Justice for the European Union’s decision in the Asnef-Equifax case, in a world of big data, it is inefficient and ineffective to treat EU competition law and EU data protection law as entirely separate legal considerations. Reevaluating this stance is critical in sectors where customer data is highly sensitive, and therefore highly valuable to those who steal it, particularly for the financial and healthcare sectors. Looking forward, companies that store and use biometric data will have to be similarly scrutinized. To correct this problem, the EU has numerous paths it can take: (a) continue as …

Crafting Next Generation Eco-Label Policy, Jason J. Czarnezki, Katrina F. Kuh

Elisabeth Haub School of Law Faculty Publications

Eco-labels present a promising policy tool in the effort to achieve sustainable consumption. Many questions remain, however, about the extent to which eco-labels can contribute to sustainability efforts and how to maximize their effectiveness. This Article deploys research from evolutionary psychology, behavioral law and economics, and norm theory to offer specific insights for the design and implementation of eco-labels to enhance their influence on sustainable consumer choice. Notably, this research suggests possibilities for eco-labels to shape or expand consumer preferences for green goods, and thereby enhance eco-label influence on consumer behavior by extending it beyond eco-minded consumers. We suggest that …

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

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

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

Loyola Consumer Law Review

No abstract provided.

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

Loyola Consumer Law Review

No abstract provided.

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

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

Loyola Consumer Law Review

No abstract provided.

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

Loyola Consumer Law Review

No abstract provided.

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

Loyola Consumer Law Review

No abstract provided.

The Corporate Governance Role Of Retail Investors, Gaia Balp

Loyola Consumer Law Review

No abstract provided.

Epca Reform To Make Dishwashers Great Again, Rebecca Garcia

Loyola Consumer Law Review

No abstract provided.

From Cfpb To Bcfp: A New Bureau Of Consumer Financial Protection, James Orescanin

Loyola Consumer Law Review

No abstract provided.

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd

Articles

Fintech is a reality of our modern society, and will likely become even more so in the future. Peer-to-peer lending, cybercurrencies, smart contracts, algorithmic lending, and more, have required adaptation by consumers and producers of financial services. Our modes of doing business will continue to be challenged and changed by these and other Fintech innovations, almost certainly expanding beyond merely “promot[ing] financial inclusion, expand[ing] access to capital for individuals and small businesses, and more broadly reshap[ing] how society interacts with financial services.” By reducing transaction costs, advancing technology opens the doors to innovations the likes of which we might not …

The Consumer Financial Protection Bureau's Structural Integrity And A Call For Adaptive And Incremental Agency Design Policy, Hannah Clendening

Indiana Law Journal

INTRODUCTION

I. UNDERSTANDING AND RATIONALIZING COMPETING DESIGN OBJECTIVES

A. CONGRESSIONAL INTENT AND THE CFPB’S FORMATION

B. D.C. CIRCUIT’S REASONING IN PHH CORP. V. CONSUMER FINANCIAL PROTECTION BUREAU

C. BASIC TENETS OF LEADING ORGANIZATIONAL DESIGN THEORIES

D. ANOTHER LOOMING CONSIDERATION: AGENCY CAPTURE

II. A NEED FOR ADAPTIVE AND INCREMENTAL APPROACHES TO AGENCY DESIGN

CONCLUSION

Learning From Law Students: How Phds Might Seek Legal Remedy In The Face Of Widespread Unemployment, Emily Grothoff

Indiana Law Journal

This Note examines overproduction and underemployment problems facing the academic market and PhD graduates9 from a legal perspective. Part I will briefly review key legal takeaways from several distinctive cases that law school graduates brought against their almae matres regarding poor employability. Part II then describes the particularities of the “PhD problem” and how it compares and contrasts with the problem that J.D. holders recently faced. Finally, Part III will examine what legal remedies disenfranchised PhDs might pursue and whether such remedies could—and should—be sought in the courts.

Consumer Protection, Matthew J. Mcgowan

SMU Annual Texas Survey

No abstract provided.

Gag Clauses And The Right To Gripe: The Consumer Review Fairness Act Of 2016 & State Efforts To Protect Online Reviews From Contractual Censorship, Clay Calvert

UF Law Faculty Publications

This article examines new legislation, including the federal Consumer Review Fairness Act, signed into law in December 2016, targeting non-disparagement clauses in consumer contracts. Such “gag clauses” typically prohibit or punish the posting of negative reviews of businesses on websites, such as Yelp and TripAdvisor. This article asserts that state and federal statutes provide the best means, from a pro-free-expression perspective, of attacking such clauses, given the disturbingly real possibility that the First Amendment has no bearing on contractual obligations between private parties.

Cancelled Credit Cards: Substantial Risk Of Future Injury As A Basis For Standing In Data Breach Cases, Jennifer Wilt

SMU Law Review

No abstract provided.

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

Publications

No abstract provided.

Online And "As Is", Colin P. Marks

Faculty Works

No abstract provided.