Consumer Protection Law Commons^™

Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel

UIC John Marshall Journal of Information Technology & Privacy Law

“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener

UIC John Marshall Journal of Information Technology & Privacy Law

Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …

Toyota Sudden Acceleration: A Case Study Of The National Highway Traffic Safety Administration - Recalls For Change, Joel Finch

Loyola Consumer Law Review

No abstract provided.

The Impact Of China's Antitrust Law And Other Competition Policies On U.S. Companies, Susan Beth Farmer

Loyola Consumer Law Review

No abstract provided.

How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin

UIC Law Review

No abstract provided.

Does An Economic Crisis Merit A Prima Facie Finding Of "Exigent Circumstances" Or Other Emergency Relief? The Impact Of The Credit Counseling Provision Of Bapcpa Upon Distressed Homeowners In A Severe National Economic Downturn, 44 J. Marshall L. Rev. 129 (2010), Gloria J. Liddell, Pearson Liddell Jr., Michael J. Highfield

UIC Law Review

No abstract provided.

Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza

UIC Law Review

No abstract provided.

Bundling Public And Private Goods: The Market For Sustainable Organics, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Modern agriculture has vast environmental externalities. The pesticides, fertilizers, and sediments in irrigation runoff pollute surface and groundwater; single-crop farms destroy biodiversity; and massive amounts of fossil fuels are burned in agricultural production, post-harvest processing, and shipping. Nevertheless, farming operations have largely escaped the post-1970 expansion of federal environmental regulation. Compounding the problem, federal farm policy has encouraged the very farming practices that most cause this degradation.

In 1990, Congress passed the Organic Foods Production Act (OFPA), which created an organic food certification and labeling system. While OFPA's primary purposes are to facilitate the growth of the organic sector and …

The Consumer Financial Protection Agency: Love It Or Hate It, U.S. Financial Regulation Needs It, Ann Graham

Villanova Law Review (1956 - )

The article discusses The Consumer Financial Protection Agency Act of 2009, a legislation filed in the U.S. House of Representatives on July 9, 2009. The U.S. House of Representatives passed The Wall Street Reform and Consumer Protection Act on December 11, 2009, which contained The Consumer Financial Protection Agency Act in Title IV. The American Bankers Association, Financial Services Roundtable, and Independent Community Bankers of America have opposed the creation of the Consumer Financial Protection Agency.

Rating Agencies: Facilitators Of Predatory Lending In The Subprime Market, David J. Reiss

Cornell Law Faculty Working Papers

This book chapter explores how the three largest rating agencies, Standard & Poor’s, Moody’s Investor Service and Fitch Ratings, exploited their privileged regulatory status to profit from the booming subprime mortgage market at the expense of homeowners. These rating agencies boosted their own bottom lines and assisted predatory lenders by effectively vetoing state consumer protection initiatives. While regulators have identified enhanced investor protection regulation of credit rating agencies as a priority, future regulation must ensure that the systemic biases of the rating agency industry are no longer permitted to trump legitimate state consumer protection initiatives.

Predatory Innovation: An Analysis Of Allied Orthopedic V. Tyco In The Context Of Section 2 Jurisprudence, Jonathan Jacobson, Scott Sher, Edward Holman

Loyola Consumer Law Review

No abstract provided.

Are You Sure You Want To Eat That?: U.S. Government And Private Regulation Of Domestically Produced And Marketed Dietary Supplements, Richard Potomac

Loyola Consumer Law Review

No abstract provided.

The Wall Street Reform Act Of 2010 And What It Means For Joe & Jane Consumer, Cody Vitello

Loyola Consumer Law Review

No abstract provided.

Question: What Is The Real And Proper Antitrust Welfare Standard? Answer: The True Consumer Welfare Standard, Steven C. Salop

Loyola Consumer Law Review

No abstract provided.

The Effect Of The Consumer Financial Protection Agency Act Of 2009 On Consumer Credit, David S. Evans, Joshua D. Wright

Loyola Consumer Law Review

No abstract provided.

Federal Law Enforcement In The Home Mortgage Lending Market Enhanced By The "Fraud Enforcement And Recovery Act Of 2009", Nicholas Mccann

Loyola Consumer Law Review

No abstract provided.

Framing The Fairtax For The American Consumer: Tax-Inclusive? Tax-Exclusive? Why Not Both?, Peter R. Matejcak

Loyola Consumer Law Review

No abstract provided.

Volatile Milk Industry Affected By Illegal Competition, Kyle Gaffaney

Loyola Consumer Law Review

No abstract provided.

Consumer Use And Government Regulation Of Title Pledge Lending, Todd J. Zywicki

Loyola Consumer Law Review

No abstract provided.

"Miss-And-Run" Accidents In Illinois: All The Insurance Money Can Buy Won't Buy Coverage, James Meyer

Loyola Consumer Law Review

No abstract provided.

Experts, Celebrities And Bloggers Beware: The Ftc Publishes Revised Guides Concerning The Use Of Endorsements And Testimonials In Advertising, Michael J. Patterson

Loyola Consumer Law Review

No abstract provided.

Network Neutrality Generates A Contentious Debate Among Experts: Should Consumers Be Worried?, Cody Vitello

Loyola Consumer Law Review

No abstract provided.

Health Care Reform Impacts Student Lending And Pell Grant Programs, Kyle Gaffaney

Loyola Consumer Law Review

No abstract provided.

Consumer Protection In The Eco-Mark Era: A Preliminary Survey And Assessment Of Anti-Greenwashing Activity And Eco-Mark Enforcement, 9 J. Marshall Rev. Intell. Prop. L. 742 (2010), Eric L. Lane

UIC Review of Intellectual Property Law

We stand at the dawn of the Eco-mark Era—a period in which green branding, advertising environmentally friendly products and services, and touting sustainable business practices will be pervasive and profitable. However, with the rise of green branding comes the temptation of greenwashing—making false or misleading claims regarding environmentally friendly products, services or practices. Instances of greenwashing appear to be on the rise, but we are seeing more activity to combat greenwashing by public enforcement and consumer class actions. In addition, green brand owners are protecting and enforcing their eco-marks, and trademark litigation involving green brands is becoming commonplace. How is …

Consumer-Generated Media And Advertising—Are They One And The Same? An Analysis Of The Amended Ftc Guides Concerning The Use Of Endorsements And Testimonials In Advertising, 10 J. Marshall Rev. Intell. Prop. L. 206 (2010), Jessica Godell

UIC Review of Intellectual Property Law

The advertising industry as well as the endorsements and testimonials that support advertising have been expanding into new mediums for years. As a result of this continual growth, the Federal Trade Commission (“FTC”) recently amended the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“The Guides”). The FTC, which sought to apply The Guides to consumer-generated media for the very first time, had not amended The Guides prior to these revisions in three decades. As a result, the changes garnered a number of mixed reactions from the media, consumers and the advertising and legal industries. Under the …

Universal Service In The United States: A Focus On Mobile Communications, Steven G. Parsons, James Bixby

Federal Communications Law Journal

The concept of universal service, providing affordable telecommunications to all citizens, has a long and changing history in the United States. Prior to the Telecommunications Act of 1996, efforts to achieve universal service were largely based on a complex web of implicit subsidies to basic landline local exchange residential service. The Act expanded and codified the concept of universal service and made the subsidies largely explicit. This Article evaluates the possible economic rationales for subsidizing voice communications and find them lacking. This Article argues that the weak rationale for subsidizing basic voice communications makes it critical that U.S. universal-service policy …

Cooling-Off And Secondary Markets: Consumer Choice In The Digital Domain, Michael Mattioli

Articles by Maurer Faculty

This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ignored. …

An Outsider's View Of Dassonville And Cassis De Dijon: On Interpretation And Policy, Donald Regan

Articles

My interest in the EC law on free movement of goods is long-standing and more than casual, but much less than scholarly. So I am delighted to contribute some remarks without pretending to expertise.

Foreclosed: High-Risk Lending, Deregulation, And The Undermining Of America's Mortgage Market, By D Immergluck [Book Review], David J. Reiss

Cornell Law Faculty Publications

This is a short book review of Dan Immergluck, FORECLOSED: HIGH-RISK LENDING, DEREGULATION, AND THE UNDERMINING OF AMERICA’S MORTGAGE MARKET (Cornell University Press 2009). The book provides a good introduction to the causes of the crisis in the mortgage market. Given, however, that the book was written before the crisis has fully taken its course, it does have certain limitations. In particular, the book deals with some fundamental questions too superficially. These fundamental questions include, what is the right level of complexity for the secondary mortgage market? What is the right level of credit access for subprime borrowers? And, what …

It’S All About The Principal: Preserving Consumers’ Right Of Rescission Under The Truth In Lending Act, Lea K. Shepard

Faculty Publications & Other Works

No abstract provided.