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Articles 1831 - 1860 of 4085
Full-Text Articles in Consumer Protection Law
The Changing Face Of Health Reimbursement Arrangements: Affordable Care Act Implications For Hras, Richard Ryan Bennett
The Changing Face Of Health Reimbursement Arrangements: Affordable Care Act Implications For Hras, Richard Ryan Bennett
Loyola Consumer Law Review
No abstract provided.
Consumer Protection Initiatives Across The Globe, Shirley Chen
Consumer Protection Initiatives Across The Globe, Shirley Chen
Loyola Consumer Law Review
No abstract provided.
Class Actions A Thing Of The Past … Or Are They? A Look At The Circuit Courts' Application Of Comcast V. Behrend, 48 J. Marshall L. Rev. 335 (2014), Christine Frymire
Class Actions A Thing Of The Past … Or Are They? A Look At The Circuit Courts' Application Of Comcast V. Behrend, 48 J. Marshall L. Rev. 335 (2014), Christine Frymire
UIC Law Review
This Comment addresses recent developments in the law of class action waivers and certification. Specifically, it looks at three cases—Comcast, Concepcion, and Wal-Mart—in which the Supreme Court limited class action litigation and class arbitration. This Comment also addresses how the circuit courts are hesitant to follow the Supreme Court’s precedent.
Females On The Fringe: Considering Gender In Payday Lending Policy, Amy J. Schmitz
Females On The Fringe: Considering Gender In Payday Lending Policy, Amy J. Schmitz
Chicago-Kent Law Review
Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence indicates consistent overrepresentation of women, including many single mothers, among payday loan borrowers. This takes a toll not only on these women and their families, but also on society as a whole. Indeed, context matters in payday lending debates. It is thus time to think creatively and consider contextualized programs that aim to increase women’s and all consumers’ safe borrowing options, …
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public's Desires?, Timothy E. Goldsmith, Nathalie Martin
Interest Rate Caps, State Legislation, And Public Opinion: Does The Law Reflect The Public's Desires?, Timothy E. Goldsmith, Nathalie Martin
Chicago-Kent Law Review
In scholarly circles, debates about the benefits and burdens of high-costs lending are prevalent, as are debates about whether to cap interest on certain kinds of consumer loan. Despite this scholarly interest, few scholars actually know what the general public thinks or knows about interest rates on common consumer credit products. This article tries to close this gap through an empirical study of consumer attitudes about interest rates in the state of New Mexico, a state in which high-cost loans such as payday loans and title loans are ubiquitous. Our data show that the general public overwhelmingly supports interest rate …
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Chicago-Kent Law Review
Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …
Some Economic Insights Into Application Of Payments Doctrine: Walker-Thomas Revisited, James W. Bowers
Some Economic Insights Into Application Of Payments Doctrine: Walker-Thomas Revisited, James W. Bowers
Chicago-Kent Law Review
Contractual relations frequently involve multiple transactions, which might give rise either to a single aggregate debt, or else to multiple differing obligations. This conflict creates the application of payments problem. Unsurprisingly, the common law developed long-standing rules for the application of partial payments to multiple, but remedially distinguishable debts. The subject is made timely again by the recent enactments of the 1999 revision of Article 9 of the Uniform Commercial Code. Article 9 instructs courts how to solve the application of payments problem when some partial payments might satisfy “purchase money” security interests. The enactments repealed the common law application …
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Are You Free To Contract Away Your Right To Bring A Negligence Claim?, Scott J. Burnham
Chicago-Kent Law Review
This article explores the enforceability of the exculpatory clause—a contract term in which one party agrees to give up the right to bring a negligence claim against the other party. A spectrum of views on whether a contract containing such a clause is aberrant or not is presented and analyzed, followed by the author’s view of the rubric by which the enforceability of the clause should be measured. The article concludes by deconstructing one contract in which the clause was found.
Missouri Oil And Gas Update, Nadia B. Ahmad
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming
Student Scholarship
Many Americans across this county strive to achieve the dream of home ownership. The obstacles that stand in the way of achieving that dream can be staggering and unique to the persons pursuing home ownership. To a certain extent, it is expected that there be some proverbial hoops of fire to jump through before finally turning that key to a new home. What the consumer does not expect is to find a statutory scheme that creates unnecessary obstacles, such as a broker with a divided loyalty and information barriers, at the expense of the public. This statutory scheme is enshrined …
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Chicago-Kent Law Review
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff recovers nothing, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one …
An Economic Perspective On Subprime Lending, Michael H. Anderson
An Economic Perspective On Subprime Lending, Michael H. Anderson
Chicago-Kent Law Review
This article aims to provide a concise economic overview of several interesting subprime financing mechanisms, which are becoming increasingly common on the U.S. financial landscape. In particular, rent-to-own, payday lending, pawn broking, and (vehicle) title loans are considered. Generally speaking, a common thread with these loans is their relatively small size and short duration as well as the absence of a credit check or any of the traditional processes for determining credit-worthiness. Due to the ready availability of these loans, they appeal to low-income consumers, including the “working poor,” and to those who have suffered financial setbacks. Because the natural …
Greenwashing And Self-Declared Seafood Ecolabels, Jason J. Czarnezki
Greenwashing And Self-Declared Seafood Ecolabels, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
The credibility and veracity of an environmental claim depends on a high degree of transparency, clarity, and trust. Businesses that utilize ecolabels to market the environmental performance of their seafood products often turn to third-party certifications to minimize the potential for greenwashing and provide a level of verification and independence. Others rely on a riskier approach by developing their own self-declared or first-party ecolabels. Seafood retailers and suppliers considering the creation and use of an ecolabel, certification, or seal to be used in the marketing of seafood products should ensure compliance with applicable Food and Drug Administration and United States …
Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley
Access To Health Care As An Incentive For Healthy Behavior, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
Hundreds of thousands of lives have been saved by vehicle safety standards. For many years, the auto industry fought the adoption of even the most basic standards tooth and nail, arguing that driver responsibility was the key to preventing auto accidents. In doing so, vehicle manufacturers "reinforceled] certain common sense ideas about traffic safety"-that drivers were responsible for car accidents and that vehicle design could not do much to make serious crashes survivable-"and suppressled] others." Auto insurers-who bear much of the economic cost of car crashes through a combination of first party and liability insurance-initially joined auto manufacturers in pushing …
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Sugary Drinks, Happy Meals, Social Norms, And The Law, Lindsay Wiley
Scholarly Articles in Law Reviews & Journals
What role should government play in discouraging harmful overconsumption? What modes of government intervention best strike the balance between effectiveness and political acceptability? It is well established that government has a legitimate interest in protecting the health and safety of the people, even from their own choices and actions. Furthermore, there is no fundamental right to sell or purchase particular services or products in particular configurations. The appropriate question, then, is not what government may do to prevent non- communicable diseases that are associated with individual behavior choices, but rather what government should do. This comment on David Friedman's Public …
An Economic Investigation Of Rent-To-Own Agreements, Michael H. Anderson
An Economic Investigation Of Rent-To-Own Agreements, Michael H. Anderson
Chicago-Kent Law Review
Rent-to-own (RTO) allows immediate access to goods without a credit check and provides an opportunity for eventual acquisition. Yet goods can be returned at any point without penalty or other adverse financial consequence. RTO is attractive to financially distressed consumers due to its ready availability as well as the options embedded in the contract. These options include the ability to cancel, early purchase, reinstate following a consumer return, and, possibly, choose the frequency of payments. In this article, a body of research on RTO is brought together and summarized. The bulk of this work is empirical, applying statistical techniques to …
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
UIC Law Open Access Faculty Scholarship
In Section I, we summarize and analyze the Dodd-Frank laws that were enacted to regulate home loan terms and the key changes made to the home loan disclosure rules and forms, critiquing in particular the changes made to the APR component of the new CFPB disclosure form. In Section II, we detail and report on the methods and results from two APR Experiments we conducted (one using eyetracking technology to see which areas of the disclosure form participants were looking at and for how long); we also report on the low level of financial literacy of the participants reflected in …
The Lawlessness Of Standing, John Paredes
The Lawlessness Of Standing, John Paredes
Loyola Consumer Law Review
Abstract: In Clapper v. Amnesty International, the Supreme Court ruled that lawyers and journalists do not have standing to challenge government warrantless wiretapping of international correspondence under the 2008 amendments to FISA. The Court refused to recognize the increased costs of protecting confidential communications as injuries-in-fact unless surveillance is “certainly impending.” But more tellingly, the plaintiffs did not even allege the real injury at stake—the loss of a reasonable expectation of privacy for groups the government targets. The standing doctrine forces parties and courts to reason insincerely and blocks potentially meritorious lawsuits. Although there have been proposals to reform …
The Volcker Rule: A Regulatory Vice Under The Guise Of Consumer Protection, Shay Raoofi
The Volcker Rule: A Regulatory Vice Under The Guise Of Consumer Protection, Shay Raoofi
Loyola Consumer Law Review
No abstract provided.
Ftc Trims Fat From Advertisements In The New Year, Joseph Axelrod
Ftc Trims Fat From Advertisements In The New Year, Joseph Axelrod
Loyola Consumer Law Review
No abstract provided.
The Telephone Consumer Protection Act Of 1991: Adapting Consumer Protection To Changing Technology, Spencer Weber Waller, Daniel B. Heidtke, Jessica Stewart
The Telephone Consumer Protection Act Of 1991: Adapting Consumer Protection To Changing Technology, Spencer Weber Waller, Daniel B. Heidtke, Jessica Stewart
Loyola Consumer Law Review
No abstract provided.
Unveiling Fairness For The Consumer: The Law, Economics And Justice Of Expanded Arbitration, Bruce Wardhaugh
Unveiling Fairness For The Consumer: The Law, Economics And Justice Of Expanded Arbitration, Bruce Wardhaugh
Loyola Consumer Law Review
No abstract provided.
Craft Beer Drinkers Reignite The Wine Wars, Shirley Chen
Craft Beer Drinkers Reignite The Wine Wars, Shirley Chen
Loyola Consumer Law Review
No abstract provided.
The Future Of Class Actions In The Wake Of Comcast V. Behrend , Megan Toal
The Future Of Class Actions In The Wake Of Comcast V. Behrend , Megan Toal
Loyola Consumer Law Review
No abstract provided.
The Practical Impacts Of Requirements Imposed On Condominium Developers After The Mortgage Crisis: A Case Sutdy Of Double Aa International Investment Group, Inc. V. Swire Pacific Holdings And How Escrow Requirements Shaped Future Financing Of New Condominium Construction, Joshua A. Berman, Jordan P. Sarason
The Practical Impacts Of Requirements Imposed On Condominium Developers After The Mortgage Crisis: A Case Sutdy Of Double Aa International Investment Group, Inc. V. Swire Pacific Holdings And How Escrow Requirements Shaped Future Financing Of New Condominium Construction, Joshua A. Berman, Jordan P. Sarason
Loyola Consumer Law Review
No abstract provided.
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry Hart Dubner, Nicole Mckee
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry Hart Dubner, Nicole Mckee
Loyola Consumer Law Review
In 2009, your authors published an article entitled An Examination of the Evolution of Crimes at Sea and the Emergence of the Many Legal Regimes in Their Wake.1 The article discussed various international problems that can occur on cruise ships at sea.2 The cruise ship industry was, and still is, largely self-regulated—which in turn leads to serious problems arising from the neglect of passenger concerns.3 At that time, we disclosed that there were many international regulations addressing some areas, but not all.4 The present day poses different problems than in the past. The intention of this article is to …
Private Parties And The Ffdca: How Creative Litigants Have Circumvented Section 310 And Undermined The Nlea’S Express Preemption Amendments, Joe Dages
Catholic University Law Review
No abstract provided.
Selective Contracting In Prescription Drugs: The Benefits Of Pharmacy Networks, Joanna Shepherd
Selective Contracting In Prescription Drugs: The Benefits Of Pharmacy Networks, Joanna Shepherd
Faculty Articles
Selective contracting in health care involves contractual arrangements among insurers and health care providers that give covered individuals a financial incentive to obtain health care from a limited panel of providers. Although selective contracting has been an important strategy of health insurance plans for decades, it has only recently expanded to prescription drug coverage. Drug plans now create pharmacy networks that channel customers to in-network pharmacies. Pharmacies compete to be part of the networks by offering discounts on the drugs they sell to covered customers and drug plans. Although networks can lower prescription drug costs for drug plans and consumers, …