Consumer Protection Law Commons^™

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Faculty Scholarship

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …

Newsroom: Freedman On Credit Reports 02-12-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Revisiting The Accredited Investor Standard, Syed Haq

Michigan Business & Entrepreneurial Law Review

The passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and the Jumpstart Our Business Startups (JOBS) Act provided the impetus for several changes in the financial regulatory regime. In the securities markets, Dodd-Frank included provisions that lifted a ban on general solicitation and mandated a review of the accredited investor standard. These changes, while intended to increase capital formation within our private markets, also brought to light serious investor protection issues. This note advocates for a new accredited investor standard that more accurately reflects the risks associated with investing in the private markets.

Vindicating Bankruptcy Rights, Kara J. Bruce

Maryland Law Review

No abstract provided.

Preventing Preemption: Finding Space For States To Protect Consumers' Reputations, Elizabeth De Armond

All Faculty Scholarship

The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder their economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of the citizens that they represent. Among the topics they can address are employers’ use of credit reports, the presence of criminal record information in credit reports, and the toxic effects of identity theft and medical debt on credit reports. However, the federal Fair Credit Reporting Act’s preemptive effects must be acknowledged and negotiated. This article evaluates potential state legislative efforts against the FCRA’s preemption provisions and …

Preventing Preemption: Finding Freedom For States To Protect Their Citizens’ Personal History Information, Elizabeth De Armond

All Faculty Scholarship

The Great Recession awoke state legislators to the power of individuals’ credit reports to hinder their economic opportunities. Many legislators would like to assuage the effects of bad historical events on the futures of the citizens that they represent. Among the topics they can address are employers’ use of credit reports, the presence of criminal record information in credit reports, and the toxic effects of identity theft and medical debt on credit reports. However, the federal Fair Credit Reporting Act’s preemptive effects must be acknowledged and negotiated. This article evaluates potential state legislative efforts against the FCRA’s preemption provisions and …

Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz

Faculty Scholarship

This is the accepted version of the article. The final published version is available at

https://journals.sagepub.com/doi/abs/10.1177/0098858816644715

Homelessness And Legal Advocacy Clinic, Legal Clinic Program

Clinical Programs Brochures

The goals of the Homelessness and Legal Advocacy Clinic are to educate students in homelessness related issues, such as housing, public benefits, family law, and consumer law. In addition to interviewing clients at the Clinic's office, Clinic students interview homeless individuals at the Coalition for the Homeless, the Women's Residential Counseling Center, and potential clients who contact the Clinic.

Legitimate Invasions: What Ontario Can Learn From The History Of The Consumer Reporting Act, Eliie Marshall

Canadian Journal of Law and Technology

The growth of modern surveillance has attracted great public and scholarly interest. As Justice Abella recently noted in Douez v. Facebook, the Internet has transformed the potential harms flowing from an unjustified invasion of one’s personal information. Most analyses of the associated risks, however, imply that the techniques and motivations for surveillance are new. In fact, tactics for collecting and exchanging information about individuals to gain power over those individuals are well documented since time immemorial. From William the Conquerer’s Domesday Book to IBM’s first census tabulating machine, the advantage gained through data sharing has greatly benefited the state. The …

Smart Washers May Clean Your Clothes, But Hacks Can Clean Out Your Privacy, And Underdeveloped Regulations Could Leave You Hanging On A Line, 32 J. Marshall J. Info. Tech. & Privacy L. 259 (2016), Nikole Davenport

UIC John Marshall Journal of Information Technology & Privacy Law

A house is equipped with a smart clothes washer, an intelligent HVAC system and a video enabled home security system, all running through the home network - it reduces the noise by doing laundry when no one is at home, saves energy costs by automatically changing the temperature depending who is in a room, lets the owner remotely see the kids walk in the door after school, and keeps the house safe - the owner is maximizing the use of the Internet of Things (“IoT”) devices (i.e. a network of everyday objects connected to the Internet and to each other). …

The Hidden Scam: Why Consumers Should No Longer Be Forced To Shoulder The Burden Of Liability For Mobile Cramming, Caroline E. Sweet

Journal of Business & Technology Law

No abstract provided.

Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson

UIC John Marshall Journal of Information Technology & Privacy Law

The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …

The Presumption Of Injury: Giving Data Breach Victims "A Leg To Stand On," 32 J. Marshall J. Info. Tech. & Privacy L. 301 (2016), Corey Varma

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki

Loyola Consumer Law Review

No abstract provided.

Fetchin' The Truth About Dog Food Regulations, Abra Slivinski

Loyola Consumer Law Review

No abstract provided.

Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight

St. Mary's Law Journal

Abstract forthcoming.

Protecting The Brave: Why Congress Should Amend The Dodd-Frank Act To Better Protect Fcpa Whistleblowers, 49 J. Marshall L. Rev. 829 (2016), Jeffrey Mathis

UIC Law Review

No abstract provided.

Student Loan Debt For The Millennial Generation And Ineffectiveness Of The Federal Student Loan Program, 50 J. Marshall L. Rev. 139 (2016), Chris Ciciora

UIC Law Review

No abstract provided.

Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra

Faculty Scholarship

No abstract provided.

The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell

Faculty Scholarship

No abstract provided.

When Peace Is Not The Goal Of A Class Action Settlement, D. Theodore Rave

Georgia Law Review

On the conventional account, a class action settlement is a vehicle through which the defendant buys peace from the class action lawyer. That single transaction will preclude future litigation by all class members. But peace, at least through preclusion, may not always be the goal. In a recent Fair Credit Reporting Action (FCRA) case, In re Trans Union Privacy Litigation, the parties agreed to a class action settlement that did not preclude individual claims. The 190 million class members surrendered only their rights to participate in a future class or aggregate action; they remained free to march right back into …

Personal Property Servitudes On The Internet Of Things, Christina Mulligan

Georgia Law Review

Small appliances such as thermostats, watches, jewelry, and eyewear are now being made available with networking capability. These networked objects make up the growing Internet of Things-pieces of personal property that run software and connect to the global Internet. These products are typically governed by terms of service or end-user license agreements that create restrictions on how products can be used or transferred- restrictions which would be unenforceable if the inside of the product consisted of gears rather than processing chips. This Article explores the question of when use and transfer restrictions should be enforceable on networked appliances and other …

The (Un)Fair Credit Reporting Act, Alexandra P. Everhart Sickler

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Comparing The Us & The Eu Failing Firm Defense: Reflections From An Economic Perspective, Marianela López-Galdos

Loyola Consumer Law Review

No abstract provided.

The Misclassification Trend: How Independent Contractor Status Could Affect Consumers, Kyla Miller

Loyola Consumer Law Review

No abstract provided.

Consumer Investment In University Brands, Deborah R. Gerhardt

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell

Loyola Consumer Law Review

No abstract provided.

Empirical Rationalization Of Prior Substantiation Doctrine: Federal Trade Commission V. Reebok & Sketchers, Sungho Cho, Yongjae Kim

Loyola Consumer Law Review

Companies frequently make efficacy claims in advertisements to introduce new products featuring innovative technology. When such claims are supported by information obtained from scientific research or expert testimonials, they are subject to the doctrine of prior substantiation. Under the doctrine, an advertisement claim based on seemingly credible authorities must be substantiated by a reasonable basis before it is released to the general public. Otherwise, the advertisement will be in violation of Section 5(a) of the Federal Trade Commission Act that prohibits "unfair or deceptive acts affecting commerce."' This study investigates the rationale of the legal rule in light of consumer …