Consumer Protection Law Commons^™

The Student Debt Crisis: The Impact Of The Obama Administration's "Pay As You Earn" Plan On Millions Of Current & Former Students, Eryk J. Wachnik

Loyola Consumer Law Review

No abstract provided.

Putting Some Teeth In Tila: From Disclosure To Substantive Regulation In The Mortgage Reform And Anti-Predatory Lending Act Of 2010, Dee Pridgen

Loyola Consumer Law Review

No abstract provided.

Mortgage Lending: Confusing In Every Language, Greg Jones

Loyola Consumer Law Review

No abstract provided.

Still Chasing Chimeras But Finally Slaying Some Dragons In The Quest For Consumer Bankruptcy Reform, Jason J. Kilborn

Loyola Consumer Law Review

No abstract provided.

Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean

UIC Law Review

No abstract provided.

Balancing Business Interests With Consumer Concerns: A Comparative Examination Of U.S. And E.U. Commercial Expression Doctrines , Scott Sivley

Global Business Law Review

Warning: This Note does not deal with a particularly new nor particularly interesting subject. If sellers of goods and information were this forthcoming when making claims about their products, this Note would not be necessary. Unfortunately, there is a colossal tug of war, as illustrated by the Occupy Movement in the fall of 2011 and as campaign financing during the 2012 American election cycle has and will continue showing us, emerging in the domestic and global marketplace over who should ultimately be responsible for protecting consumers from irresponsible or false commercial speech. Should we continue down the road of survival …

The Irony Of At&T V. Concepcion, Colin P. Marks

Faculty Works

This Essay explores the possible dual readings of Concepcion in light of the FAA and its interpretation, including Supreme Court precedents. This Essay concludes that though there is support for interpreting the Concepcion decision narrowly, it is more likely that a broader interpretation was intended, but the metes and bounds of this opinion have yet to be explored. Nonetheless, under this broad interpretation, the effect on consumers will be to discourage individuals from seeking redress for their claims. Indeed, the decision may actually encourage businesses to breach contractual obligations with impunity when the individual sums owed are too small to …

Naturally Confusing Consumers: Express Federal Preemption Of State Claims Regarding False And Misleading Food Product Labels, Taryn M. Deveau

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Still Chasing Chimeras But Finally Slaying Some Dragons In The Quest For Consumer Bankruptcy Reform, 25 Loy. Consumer L. Rev. 1 (2012), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Consumer bankruptcy systems in Europe and the United States have witnessed especially robust and dynamic development during the past decade. The ever-rising volume of seeking entry to these systems now allows for cross-systemic comparisons of substantially differing “markets” for the relief that these systems offer. In particular, the distinct trend toward greater efficiency seen in other financial markets can be increasingly observed in most consumer bankruptcy regimes, with some notable exceptions. In this context, market performance can be gauged in part by the degree to which systems offer efficient and effective relief as a stimulus to deploying available debtor resources …

Cruises, Class Actions, And The Court, David Korn, David Rosenberg

University of Michigan Journal of Law Reform Caveat

As the Carnival Triumph debacle splashed across the national consciousness, lawyers shook their heads. Sensationalist news coverage exposed common knowledge in the legal community: cruise passengers have little recourse against carriers, and, as a result, they often bear the brunt of serious physical and financial injuries. Cruise lines, escaping legal accountability for their negligence, sail off undeterred from neglecting passenger safety on future voyages. While its previous decisions helped entrench this problem, a recently argued case presents the Supreme Court with another opportunity to address it.

Why American Express V. Italian Colors Does Not Matter And Coordinated Pursuit Of Aggregate Claims May Be A Viable Option After Concepcion, Gregory C. Cook

University of Michigan Journal of Law Reform Caveat

This Comment suggests that the upcoming decision by the Supreme Court in American Express Co. v. Italian Colors Restaurant will not change the class action landscape. While the plaintiff bar contends that certain public policy goals will be lost as a result of American Express and AT&T Mobility LLC v. Concepcion, this Comment argues that, in the correct circumstances, coordinated individual arbitrations can address at least some of these public policy goals and plaintiff counsel should focus on such coordination efforts (including, for instance, ethically recruiting actually-injured plaintiffs, the use of common plaintiff counsel, the use of common experts, and …

The Subprime Mortgage Mess: A Chicago Perspective, Daniel Linsey

Loyola Consumer Law Review

No abstract provided.

Why Mortgage "Formalities" Matter, David A. Dana, Ernesto Longa

Loyola Consumer Law Review

No abstract provided.

Toward A More Equitable Balance: Homeowner And Purchaser Tensions In Non-Judicial Foreclosure States, Elizabeth Renuart

Loyola Consumer Law Review

No abstract provided.

The Fair Debt Collection Practices Act Meets Arbitration: Non-Parties And Arbitration, Richard M. Alderman

Loyola Consumer Law Review

No abstract provided.

The Fdcpa's Application To The Foreclosure Process, Alexandra Vozza

Loyola Consumer Law Review

No abstract provided.

Assessing The Cost & Benefits Of Credit Card Rewards: A Response To Who Gains And Who Loses From Credit Card Payments? Theory And Calibrations, Steven Semeraro

Loyola Consumer Law Review

No abstract provided.

Crash Test Dummies: What Drives Automobile Safety In The United States?, Joseph Gavin

Loyola Consumer Law Review

No abstract provided.

Newly Established Consumer Financial Protection Bureau Nets First Enforcement Action, Agostino S. Filippone

Loyola Consumer Law Review

No abstract provided.

At&T Mobility And Faa Over-Preemption, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

The Supreme Court's recent arbitration law decisions reflect the Court's strong support for arbitration agreements, but also severely limit the states’ powers to police the fairness of arbitration. In particular, the Court’s decision in AT&T Mobility v. Concepcion, LLC expands the FAA preemption doctrine beyond its prior boundaries, signaling how far the Court is willing to go to support arbitration clauses at the expense of states’ rights and the values of federalism. This article explores the impact of AT&T Mobility on the preemption of state arbitration law, and the concomitant impact on the balance between state and federal power in …

Investor Protection Meets The Federal Arbitration Act, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In the past three decades, most recently in AT&T Mobility LLC v. Concepcion, the United States Supreme Court has advanced an aggressive pro-arbitration campaign, transforming the Federal Arbitration Act (FAA) into a powerful source of anti-consumer substantive arbitration law. In the aftermath of AT&T Mobility, which upheld a prohibition on class actions in a consumer contract despite state law that refused to enforce such provisions on unconscionability grounds, efforts have been made to prohibit investors from bringing class actions or joining claims, including claims under the Securities Exchange Act of 1934 (the Exchange Act). In the most egregious example to …

Behaviorally Informed Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir

Book Chapters

Policy makers typically approach human behavior from the perspective of the rational agent model, which relics on normativc, a priori analyses. The model assumes people make insightful, well-planned, highly controlled, and calculated decisions guided by considerations of personal utility. This perspective is promoted in the social sciences and in professional schools and has come to dominate much of the formulation and conduct of policy. An alternative view, developed mostly through empirical behavioral research, and the one we will articulate here, provides a substantially difierent perspective on individual behavior and its policy and regulatory implications. According to the empirical perspective, behavior …

Csi Las Vegas: Privacy, Policing, And Profiteering In Casino Structured Intelligence, Jessica D. Gabel

Faculty Publications By Year

Casinos are powerhouses of information gathering and distribution and use their surveillance activities to police, protect, and profit. The private information does not exist in a vacuum; casinos share it with other casinos and, in some cases, law enforcement. But who protects the consumer in the event that the information is breached or the company is sold or files for bankruptcy? Are there restrictions on the information that casinos may share with law enforcement? This Article argues that the intricate, vast amounts of consumer information compiled through casino structured intelligence ("CSI") require greater protection and oversight in the contexts of …

America’S First Consumer Financial Watchdog Is On A Leash: Can The Cfpb Use Its Authority To Declare Payday-Loan Practices Unfair, Abusive, And Deceptive?, Creola Johnson

Catholic University Law Review

No abstract provided.

Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine

Catholic University Law Review

No abstract provided.

Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson

Articles

Roughly speaking, the “hanging paragraph” to Bankruptcy Code 1325(a), enacted in 2005, requires that a debtor pay the full debt on any automobile acquired within 910 days before bankruptcy – a boon for car financiers. Prior to 2005 the debtor had to pay only the appraised value of the car – usually a lesser amount. But the privilege bestowed on car financiers by the hanging paragraph depends on the financier providing “purchase money” credit. About one-third of the time, however, the financier advances funds to repay a prior car loan as part of the “trade-in” of an old vehicle for …

Does The Real Estate Settlement Procedures Act Of 1974, Which Was Targeted Primarily At Kickbacks Between Service Providers, Also Bar Charges For Undivided, Unearned Services (10-1042), Marshall E. Tracht

Other Publications

The Real Estate Settlement Procedures Act of 1974 provides that “[n]o person shall give and no person shall accept any portion, split, or percentage of any charge made or received … other than for services actually performed.” The Supreme Court must decide whether this language prohibits a party from charging for services not actually performed if the party retains the entire charge, without splitting it with any other party.

An Expected Harm Approached To Compensating Consumers For Unauthorized Information Disclosures, Rachel Yoo

Richmond Journal of Law & Technology

On May 22, 2007, the Executive Office of the President of the United States issued a memorandum concerned with safeguarding personal information, which first defined the term “personally identifiable information” as follows:

[I]nformation which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

Burning Down The House Or Simply Rolling The Dice: A Comment On Section 621 Of The Dodd-Frank Act And Recommendation For Its Implementation, Joshua R. Rosenthal

Fordham Journal of Corporate & Financial Law

Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act modifies the Securities Act of 1933 to prohibit the underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity of an asset-backed financial product from betting against that very product for one year after the product’s initial sale. The rule prohibits anyone who structures or sells an asset-backed security or a product composed of asset-backed securities from going short, in the specified timeframe, on what they have sold, and labels such transactions as presenting material conflicts of interest. This Comment discusses traces …

Toward A Stronger Financial History Antidiscrimination Norm., Lea Krivinskas Shepard

Faculty Publications & Other Works

This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants' credit reports and financial histories in the hiring and licensing processes. The Article begins with a broad normative assessment of the merits of the practice by examining applicable "logics of personhood," categories of a framework of antidiscrimination analysis that assesses whether traditionally unprotected groups are entitled to formal antidiscrimination safeguards. Thus, the Article considers whether financial histories validly and reliably reflect personality traits relevant to job performance. It then examines to what extent the use of financial …