Consumer Protection Law Commons^™

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.

Kajian Pelaksanaan Kad Kredit Syariah Di Bank Danamon Syariah, Indonesia., Asep Dadan Suganda

Student Works (2010-2019)

Many advances in science and technology have taken place in Indonesia, and, consequently, the development of Islamic banking in Indonesia has improved. As the majority of people in the country are Moslem it is virtually possible to identify a better future for the Islamic banking market than in Indonesia. Based on the Islamic official regulation (fatwa) Council of Indonesia Moslem Scholar (Majelis Ulama Indonesia) No. 54/DSN-MUI/X/2006 and the Circular Letter of Indonesian Bank (Surat Edaran Bank Indonesia) No. 9/IB3/DPbS/2007 Danamon Islamic Bank took advantage of the economic market to establish an Islamic credit card product called Dirham Card. This study …

Is Local Consumer Protection Law A Better Retributive Mechanism Than The Tax System, Brian Galle

Georgetown Law Faculty Publications and Other Works

As Judge Calabresi has argued, preemption decisions are, at their core, a choice about which tier of government should have policy-making authority. In prior work, Mark Seidenfeld and I argued that the choice of whether or not to preempt state law decisions should be based explicitly on "fiscal federalism" considerations. The economic discipline of fiscal federalism attempts to measure the welfare effects of situating a given policy either locally, nationally, or somewhere in between.

Estate Of Pew V. Cardarelli, Natallia Krauchuk

NYLS Law Review

No abstract provided.

Virtual Territoriality, Edward J. Janger

Faculty Scholarship

No abstract provided.

Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith

Journal Publications

Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), patient dumping is illegal in the United States. American hospitals cannot inappropriately discharge or transfer unstable patients to other medical facilities in the United States without violating EMTALA. Yet, American hospitals are doing this very thing- international patient dumping, by inappropriately transferring or discharging (i.e. shipping) indigent undocumented immigrants in arguably unstable conditions to Third World medical facilities in the home country of the immigrant absent federal government oversight or compliance with EMTALA.

What The Financial Services Industry Puts Together Let No Person Put Asunder: How The Gramm-Leach-Bliley Act Contributed To The 2008 - 2009 American Capital Markets Crisis, Joseph Karl Grant

Journal Publications

The current subprime financial crisis has shaped up to be one of the most dramatic and impactful events in the past few decades. No one particular factor fully accounts for why the American economy suffered setbacks unseen since the Great Depression of the 1930s. Some of the roots of the current financial crisis started taking hold in 1999 when Congress passed the Financial Services Modernization Act, also known as the Gramm-Leach-Bliley Act. Gramm-Leach-Bliley brought about sweeping deregulation to the financial services industry. In essence, Gramm -Leach-Bliley swept away almost six decades of financial services regulation precipitated by the Great Depression …

Unfair Competition And Uncommon Sense, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark law. But …

Preventing Future Economic Crises Through Consumer Protection Law Or How The Truth In Lending Act Failed The Subprime Borrowers, Jeff Sovern

Faculty Publications

This Article argues that one cause of the current economic crisis was that the federal Truth in Lending Act (TILA) failed to provide mortgage borrowers with the tools to determine whether they would be able to meet their loan obligations, and that as a result many borrowers assumed loans on which they would later default. The Article first explores the disclosures for adjustable-rate mortgages-which were commonly used for subprime loans-and explains how those disclosures misled borrowers about their monthly payments. Next, the Article reports on a survey of mortgage brokers conducted in July of 2009. The brokers were nearly unanimous …

Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson

Faculty Scholarship

Standard-form contracts are a common feature of commercial relationships because they offer the advantage of lower transaction costs. This advantage of standard contracts is increased when there is a second layer of standardization under which multiple firms agree on a standard contract. Trade associations and similar entities often effect standardization of this kind through collective agreement on a standard contract, sometimes under the aegis of state actors. Multifirm contract standardization can provide not only the usual transaction-cost advantages of standard-form contracts, but also increased competition among firms, because a standard contract makes comparison among firms’ offerings easier. But standardization among …

Privacy As Product Safety, James Grimmelmann

Cornell Law Faculty Publications

Online social media confound many of our familiar expectations about privacy. Contrary to popular myth, users of social software like Facebook do care about privacy, deserve it, and have trouble securing it for themselves. Moreover, traditional database-focused privacy regulations on the Fair Information Practices model, while often worthwhile, fail to engage with the distinctively social aspects of these online services.

Instead, online privacy law should take inspiration from a perhaps surprising quarter: product-safety law. A web site that directs users' personal information in ways they don't expect is a defectively designed product, and many concepts from products liability law could …

Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser

Publications

For centuries, the fair use doctrine has been the main--if not the exclusive--bastion of user rights. Originating in the English courts of equity, the doctrine permitted users, under appropriate circumstances, to employ copyrighted content without the rightsholder's consent. In the current digital media environment, however, the uncertainty that shrouds fair use and the proliferation of technological protection measures undermine the doctrine and its role in copyright policy. Notably, the enactment of the Digital Millennium Copyright Act, which prohibits the circumvention of technological protection measures even for fair use purposes, has diminished the ability of fair use to counterbalance a copyright …

Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab

Articles & Chapters

Over-the-counter (OTC) derivatives are widely regarded as “unregulated” financial instruments. While it is true that OTC derivatives are subject to relatively minimal federal regulation, OTC derivatives are in fact subject to a robust form of control and governance in the form of counterparty regulation. Counterparty regulation arises when two or more parties are continually exposed to counterparty credit risk for the duration of a long-term contract, and it consists of specific governance mechanisms such as the daily adjustment of collateral and the netting out of redundant trades. Counterparty regulation governs derivatives transactions but not securities transactions.

This essay reviews recent …

Consumer Choice As The Best Way To Recenter The Mission Of Competition Law, Robert H. Lande

All Faculty Scholarship

This article will (1) define the consumer choice approach to competition law or antitrust law and show how it differs from other approaches; (2) discuss the types of situations where a consumer choice focus is likely to make a difference in enforcement outcomes, producing better results than the other paradigms; (3) show that another important advantage of using the consumer choice approach would be to nudge decisions in the right direction; and (4) offer a brief overview of implementation issues.

This is a chapter of a forthcoming ASCOLA book, and is a condensation and update of Neil W. Averitt & …

Penipuan Kad Kredit Dan Implikasi Terhadap Sistem Perundangan Dan Ekonomi Malaysia., Chandran Ramasamy

Student Works (2010-2019)

Fakta bahawa kemajuan teknologi memudahkan penjenayah untuk melakukan penipuan kad kredit ternyata benar. Sudah bertahun-tahun, jumlah penipuan kad kredit meningkat dengan kadar yang cepat. lni menyebabkan jatuhnya ekonomi sesebuah negara secara keseluruhan yang membawa persepsi negatif terhadap keseluruhan pentadbiran Jabatan Polis dan Agensi agensi perbankan. Tanpa mekanisme kawalan yang betul, kemunkinan agak sukar untuk melawan dan menangani masalah so~ial ini. Undangundang Negara yang berkaitan dengan penipuan kad kredit perlu dikaji sekali lagi dan penguatkuasaan undang-undang untuk pihak bank yang memberikan dan menawarkan kad kredit perlu diberi amaran tentang isu perlindungan data yang kian penting. Selain itu, dengan adanya Undang-Undang baru …

Balancing Of Markets, Litigation And Regulation, Keith N. Hylton, Larry E. Ribstein, Paul H. Rubin, Todd J. Zywicki

Faculty Scholarship

In addition to judicial education programs that the Law and Economics Center conducts, we also have a division that focuses on public policy research, known as the Searle Civil Justice Institute. In November, we held a public policy roundtable where we commissioned a variety of research and brought together a group of experts, both academic and practitioner experts, to discuss the issue of balancing the appropriate roles of markets, litigation, and regulation. And the notion there is that each one - markets, litigation, and regulation - can and probably should play a role in addressing various consumer harms.

Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna

Journal Articles

Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their …

Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro

Scholarship@WashULaw

Conventional wisdom says that pro se plaintiffs almost invariably fare worse than represented plaintiffs. However, there exists in federal court a procedural regime under which pro se plaintiffs effectively receive attorneys and therefore experience success rates similar to their represented peers: multidistrict litigation. Multidistrict litigation is a procedure for consolidating multiple federal civil cases sharing common questions of fact into a single proceeding in one federal district court for coordinated pre-trial proceedings and discovery. This paper takes an empirical look at all federal civil cases terminating between 2006 and 2008 to determine what effect multidistrict litigation has on case outcome …

The Privacy Implications Of Deep Packet Inspection Technology: Why The Next Wave In Online Advertising Shouldn't Rock The Self-Regulatory Boat, Robert T. G. Collins

Georgia Law Review

With the explosive growth in Internet use by consumers throughout the 1990s, advertisers have quickly embraced the Web as a fertile ground for attracting customers. This increase in usage has been tracked by online advertisers' progressive efforts to achieve ad relevance by discovering consumer preferences and serving ads accordingly. An attendant concern is the extent to which the data collection that fuels online advertising respects the consumer's interest in data privacy. To date, American lawmakers have allowed existing subject-matter-based privacy statutes, in combination with industry self-regulation and Federal Trade Commission oversight, to manage privacy concerns. In 2008, however, the introduction …

Dare To Compare: Determining What "Other Available Methods" Can Be Considered Under Federal Rule 23(B)(3)'S Superiority Requirement, Andrea J. Parker

Georgia Law Review

When certifying a class action lawsuit, Federal Rule 23(b)(3) requires a federal district court judge to determine that a class action lawsuit is superior to "other available methods "of handling the dispute. A disagreement has emerged among the district courts regarding what constitutes an available method under the Rule. Several courts have found that private refund programs or settlement agreements instituted by a defendant can count as available methods under the superiority requirement, while other courts have found that they do not. This Note evaluates the question of whether private refund programs or settlement agreements should be compared to class …

Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor

Journal of Food Law & Policy

Americans are increasingly sensitive to the conditions under which the foods they purchase and consume are produced. It is becoming commonplace for consumers to incorporate perceived environmental impacts, animal welfare concerns, and other process attributes into food purchase decisions. Increased interest in production practices and technologies employed in food production has been seen in the U.S. specifically concerning irradiation, antibiotics, and hormone and pesticide use. Perhaps one of the most controversial technologies employed in food production today is the use of genetic engineering. Not surprisingly, consumers are particularly sensitive about practices employed or technologies used in foods produced specifically for …

Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of developments in Canadian food law and policy in 2009. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm. In 2009, regulatory and policy developments continue to be dominated by the 2008 Listeriosis outbreak in ready-to-eat, deli meats. Other noted activities include Canada's ongoing efforts to minimize the effects of infectious diseases related to meat production, Canada's request for a WTO panel to consider the effects of American Country of Origin Labelling, and an initiative …

Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject …

A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.

Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey

Journal of Food Law & Policy

Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structure-function claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

In June 2009, citizens of the European Union elected a new European Parliament. Some Members of the European Parliament (MEPs) were reelected while some were not. The majority party is the EPP, the Group of the European People's Party, and the Group of the Progressive Alliance of Socialists & Democrats has the second majority of the seats. The elections were still governed by the Treaty of Nice, since up until very recently, the future of the Treaty of Lisbon was still uncertain. The Treaty of Lisbon was up until now rejected by a few Member States, who, by their reluctance …

United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr

Journal of Food Law & Policy

The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …

Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern

BYU Law Review

No abstract provided.

Trademarks As A Media For False Advertising, J. Shahar Dillbary

Cardozo Law Review

This Article explores an unnoticed aspect of trademark law which in some instances may constitute a license to cheat. It shows that under certain circumstances a seller can use its own trademark to mislead its customers, free from legal sanction, in contexts where the same behavior would be sanctioned if the seller used other advertising media. The Article then explores how an alternate conception of the economic function of trademarks can be used to understand the informational value of trademarks and their advertising function. After identifying circumstances appropriate for legal intervention, the Article concludes with a proposal for a new …

Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins

Cardozo Law Review

No abstract provided.