Consumer Protection Law Commons^™

The Regulation Of Residential Real Estate Finance Under Trump, David Reiss

Cornell Law Faculty Publications

Reducing Regulation and Controlling Regulatory Costs was one of President Trump’s first Executive Orders. He signed it on January 30, 2017, just days after his inauguration. It states that it “is the policy of the executive branch to be prudent and financially responsible in the expenditure of funds, from both public and private sources. . . . [I]t is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations.” The Reducing Regulation Executive Order outlined a broad deregulatory agenda, but was short on details other than the requirement that every new …

Overcoming The Achilles' Heel Of Consumer Protection: Limiting Mandatory Arbitration Clauses In Consumer Contracts, Mindy R. Hollander

Hofstra Law Review

No abstract provided.

The Trump Administration And Residential Real Estate Finance, David Reiss

Cornell Law Faculty Publications

An executive order titled “Reducing Regulation and Controlling Regulatory Costs” was one of President Donald Trump’s first executive orders. He signed it Jan. 30, 2017, just days after his inauguration. It states: “It is the policy of the executive branch to be prudent and financially responsible in the expenditure of funds, from both public and private sources. … It is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with federal regulations.” This executive order outlined a broad deregulatory agenda, but it was short on details other than setting a requirement that every …

Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler

Northwestern Journal of Law & Social Policy

No abstract provided.

Sexual Privacy, Danielle Keats Citron

Faculty Scholarship

Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …

Privacy Of Information And Dna Testing Kits, Shanna Raye Mason

Catholic University Journal of Law and Technology

In modern times, consumers desire for more control over their own health and healthcare. With this growing interest of control, direct to consumer DNA testing kits have never been more popular. However, many consumers are unaware of the potential privacy concerns associated with such use. This comment examines the popularity and privacy risks that are likely unknown to the individual consumer. This comment also addresses the shortcomings of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as the Genetic Information Nondiscrimination Act of 2008 (GINA) in regard to protecting individual’s genetic information from misuse. This comment …

License To Bill: The Validity Of Coupling Automatic Subscription Renewals With Free Trial Offers By Online Services, Koren Grinshpoon

Fordham Intellectual Property, Media and Entertainment Law Journal

A prominent and expanding list of online services rely on a business model which pairs free trial offers with subsequent automatic subscription renewals (e.g., Amazon Prime, Blue Apron, etc.). Offering free trials to lure new users, while employing automatic renewal clauses in its terms of use to perpetuate recurring revenue, poses a substantial legal risk to online services. Numerous claims citing unfair and deceptive business practices are filed each year against such online services, primarily raising issues of informed consent, adequate disclosure, and notice. This Article reviews applicable federal law and regulations, as well as the applicable laws of all …

Adminization: Gatekeeping Consumer Contracts, Yonathan A. Arbel

Vanderbilt Law Review

Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against J.P. Morgan, Citibank, and other large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not defend against such baseless claims, which results in the entry of millions of default judgments every year. To combat this problem, policymakers and scholars have explored a variety of court-based solutions that would make it easier for consumers to defend in court, but these prove ineffectual. To solve the problem …

Transcript: Competition Law Compliance And Leniency, Mark Clough

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Banks That Collect Debt On Their Own Account Are Not Debt Collectors Under The Fdcpa, Antonia Edwards

Bankruptcy Research Library

(Excerpt)

The Fair Debt Collection Practices Act (the “FDCPA”) was enacted in 1977 to stop debt collectors from engaging in unfair and deceptive practices when collecting consumer debts. The FDCPA was enacted as a response to an abundance of evidence of the use of abusive and deceptive practices by many debt collectors. Collection abuse took many different methods such as threats of violence, telephone calls at unreasonable hours, impersonation, misrepresentation of debts, and collection of information under false pretenses. These unfair practices contributed to household bankruptcies, marital instability, loss of jobs, and invasions of individual privacy. The FDCPA imposes three …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Transcript: The Importance Of Compliance: What Businesses And Agencies Can Do Better, Anne Riley

Loyola Consumer Law Review

No abstract provided.

Improvident Student Lending, Vijay Raghavan, Joseph Sanders

Faculty Scholarship

No abstract provided.

The Importance Of Compliance: What Businesses And Agencies Can Do Better, Anne Riley

Loyola Consumer Law Review

No abstract provided.

Competition Law Compliance And Leniency, Mark Clough

Loyola Consumer Law Review

No abstract provided.

Pharmaceutical Patent Wars, Reverse-Payment Settlements, And Their Anticompetitive Effects For Consumers, Steven Adamson

Loyola Consumer Law Review

No abstract provided.

The Evolution Of Crowdfunding: Reconciling Regulation Crowdfunding With Initial Coin Offerings, Michael R. Meadows

Loyola Consumer Law Review

No abstract provided.

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.