Consumer Protection Law Commons^™

Information Accountability Foundation Names Two Maurer Faculty To Leadership Positions, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

he Information Accountability Foundation (IAF) has appointed two Indiana University Maurer School of Law faculty to lead the organization.

Fred H. Cate, a distinguished professor and C. Ben Dutton Professor of Law, was named the nonprofit think tank’s new executive director, while Stan Crosley, an adjunct faculty member and 1994 graduate of the Law School, was appointed chief policy strategist.

Founded in 2013, the IAF works with global regulators and industry executives to promote organizational accountability, data stewardship, and data ethics. Its mission is to help regulators and responsible companies better understand the challenges around Artificial Intelligence and data governance …

The Psychological Impacts Of Algorithmic And Ai-Driven Social Media On Teenagers: A Call To Action, Sunil Arora, Sahil Arora, John Hastings

Research & Publications

This study investigates the meta-issues surrounding social media, which, while theoretically designed to enhance social interactions and improve our social lives by facilitating the sharing of personal experiences and life events, often results in adverse psychological impacts. Our investigation reveals a paradoxical outcome: rather than fostering closer relationships and improving social lives, the algorithms and structures that underlie social media platforms inadvertently contribute to a profound psychological impact on individuals, influencing them in unforeseen ways. This phenomenon is particularly pronounced among teenagers, who are disproportionately affected by curated online personas, peer pressure to present a perfect digital image, and the …

The Contemporary Case For Consumer Expectations: Reevaluating The Evolution Of The Original Defect Standard And Its Place In Modern Products Litigation, Alyssa Clune

Fordham Law Review

The consumer expectations standard for design defect has been the subject of fierce debate since its inception. Though many see it as the test that best reflects the plaintiff-friendly goals of products liability, others critique it as vague, outdated, and ripe for jury misuse. Once the primary test for design defect under the Restatement (Second) of Torts, the consumer expectations test has since been rejected by the Restatement (Third) of Torts, and its use has been eliminated or restricted in approximately half of all states in favor of the risk-utility test. Much of the reasoning behind this growing rejection revolves …

Vertical Restraints In An Amazon World, Martin Edwards

Dickinson Law Review (2017-Present)

Vertical restraints are a peculiarity, even among the dizzying array of contracts subject to antitrust scrutiny. While current law treats vertical restraints permissively, antitrust reformers have added this permissive treatment of vertical restraints to their list of proposed reforms. The reformers have softly proposed that courts apply a presumption of illegality standard for vertical restraints— greater scrutiny than the current standard, the rule of reason. This Article argues that doing so is inadvisable.

Producers and their consumers both want the same thing: the best overall product experience for the money. The critical economic functions of vertical restraints are to enable …

The Outer Limits Of Digital Privacy Protections: A Review Of The Privacy Fallacy, Michael Conklin

Dickinson Law Review (2017-Present)

No abstract provided.

Labeling Energy Drinks: Tackling A Monster Of A Problem, Meredith P. Mulhern, Michael S. Sinha

All Faculty Scholarship

Energy drinks first rose to popularity in the 1980s. Red Bull energy drinks were the first of its kind, opening the door to a new consumer and regulatory landscape. Since Red Bull first launched, multiple companies have released countless new energy drink products. Some energy drinks, like Red Bull, contain less than 100 mg of caffeine per 8 oz can. However, other energy drinks contain much higher amounts of caffeine. A 12 oz can of Celsius contains 200 mg of caffeine, and up until recently, Celsius offered a product called Celsius Heat, a 12 oz can containing 300 mg of …

The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube

Dickinson Law Review (2017-Present)

This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …

A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann

Cardozo Journal of Equal Rights & Social Justice

The note argues that social media companies should be held accountable for their role in the youth mental health crisis through the legal framework of public nuisance law. Drawing parallels to successful cases against tobacco and opioid companies, the author contends that social media platforms, by prioritizing profits over user well-being, contribute to widespread harm such as anxiety, depression, and suicide among youth. While acknowledging concerns about judicial overreach and the challenges of proving causation, the note advocates for judicial intervention as a necessary corrective in the absence of effective legislative action.

A Right To Be Left Dead, Mark Bartholomew

Journal Articles

Technology forces us to contemplate a counterpart to the right of privacy—Brandeis and Warren’s “right to be let alone”—for the age of artificial intelligence: the right to be left dead. Traditionally, it has been presumed that even if Brandeis and Warren’s right constitutes “the most comprehensive of rights and the right most valued by civilized men,” it does not apply to the dead. The question is whether we need a new approach at a time when technology can reanimate anyone and make them behave in a manner indistinguishable from their living presence. This Article interrogates the need for a right …

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

Amazon's Dirty Little Secret, Tanya J. Monestier

Villanova Law Review (1956 - )

No abstract provided.

Velazquez Named To Sec Investor Advisory Committee, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The U.S. Securities and Exchange Commission announced today (Sept. 10) six new members—including an associate professor from the Indiana University Maurer School of Law—to fill vacancies on its Investor Advisory Committee.

Prof. Alvin Velazquez, who joined the Indiana Law faculty this summer, is one of only two members of academia newly appointed to the committee. The committee advises the SEC on regulatory priorities and initiatives to protect investors and promote the integrity of the U.S. securities markets.

Amazon’S Dirty Little Secret, Tanya J. Monestier

Journal Articles

You need new earbuds because one of yours just went missing. You log onto Amazon and scroll through the endless array of options. You finally select a pair “Sold by” Amazon and click “Buy Now.” Amazon promises to have the earbuds to you tomorrow. Have you ever wondered how it’s possible for Amazon to pull off this Santa-like feat? It’s because of a little-known practice called commingling. Commingling gets you your earbuds in near record time. But commingling could also result in your getting earbuds that are duds—or, worse yet, that malfunction and cause ear damage.

Commingling means that the …

Public Sector Use Of Private Sector Personal Data: Towards Best Practices, Teresa Scassa

Dalhousie Law Journal

Governments increasingly seek to use personal data sourced from the private sector for purposes that range from the generation of statistics to municipal planning. The data collected by companies is often high volume and rich in detail. Location and mobility data—which have many applications—are collected by multiple private sector actors, from cellular service providers to app developers and data brokers. Financial sector organizations amass rich data about the spending and borrowing habits of consumers. Even genetic data is collected by private sector companies. The range of available data is constantly growing as more and more data is harvested, and as …

Narzędzia Służące Do Weryfikacji Zdolności Kredytowej W Prawie Amerykańskim – Skuteczny Element Ochrony Kredytobiorców-Konsumentów Czy Zbędne Procedury?, Wanesa Choptiany-Mańka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article aims to provide a concise analysis of U.S. law at the federal level regarding lenders’ obligation to verify consumers’ creditworthiness as part of their pre-contractual obligations. It focuses primarily on the instruments that lenders have at their disposal in order to conduct the examination in as much of an effective and standardized manner as possible, while protecting both their own interests, and the interests of consumers against amassing excessive debt. The article will attempt to answer the question whether the tools available to American lenders fulfill their function, and whether the Polish legislator can draw inspiration from US …

Toward A Biometric Privacy Act To Protect Individual Rights: What The United States Can Learn From The European Union And China, Sophia Hilsman

Cardozo International & Comparative Law Review

The note examines the regulatory frameworks governing biometric AI technologies, particularly facial recognition, in the United States, China, and the European Union. It argues that the U.S. currently lacks comprehensive federal legislation to protect individuals' privacy and civil liberties in the face of advancing biometric technologies. The analysis advocates for a balanced regulatory approach that mitigates the risks of mass surveillance and erosion of privacy while allowing for beneficial uses of biometric AI. The author proposes that Congress should adopt federal legislation modeled after the EU's GDPR to establish a baseline for biometric data protection, ensuring consistency and stronger safeguards …

Data Privacy Issues In West Virginia And Beyond: An Overview, Jena Martin

Law Faculty Scholarship

Work on the first edition of this white paper originally began in February 2019. The final results were published in February 2021 and was originally entitled Data Privacy Issues in West Virginia and Beyond: A Comprehensive Overview. In the almost three and a half years since that work was commissioned, the landscape of data privacy and its attendant technologies has grown so significantly that I no longer feel comfortable in calling any paper that discusses these issues comprehensive. Indeed, when engaging with experts, insiders, and consumers, the one common theme that seems to now permeate this work is its vastness …

Pelindungan Data Pribadi Pada Layanan Pendanaan Berbasis Teknologi Informasi Pasca Undang-Undang Nomor 27 Tahun 2022 Dan Undang-Undang Nomor 4 Tahun 2023, Gita Theresa, Henny Marlyna

Jurnal Hukum & Pembangunan

Abstract

Information Technology-Based Crowdfunding Services (LPBBTI) continue to encounter challenges related to legal protections, such as breaches of privacy and the misuse of personal data belonging to consumers and the public. This paper analyzes the implementation of personal data protection through LPBBTI operational compliance, the drafting of privacy policies and LPBBTI agreements, as well as the role of authorities in overseeing LPBBTI operators in implementing personal data protection following the enactment of Law No. 27 of 2022 (UU PDP) and Law No. 4 of 2023 (UU P2SK). This study aims to provide information and input on the implementation of consumer …

The (Un)Fair Credit Reporting Act: How Courts Have Undermined The Protections Of The Fcra, Jagjot Singh

St. John's Law Review

(Excerpt)

In 2001, George Saenz ("Saenz") incurred a medical bill amounting to $512.31. Thereafter, Saenz failed to make timely payments, and the bill went into debt collection. The debt was sold to NCO Financial Systems, Inc. ("NCO"), a creditor, and "NCO accepted a compromise payment [amount] of $333 [as] full satisfaction." In 2003, Saenz requested a copy of his credit report from Trans Union, a credit reporting agency. The report listed the $512.31 debt as outstanding, in error, which Saenz disputed. Trans Union initiated an automated consumer dispute verification ("ACDV") procedure, a system that compares the credit reporting agency's data …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.