Consumer Protection Law Commons^™

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski

Catholic University Journal of Law and Technology

No abstract provided.

Ebay Frauds: Specific Illustrations And Analysis, Bret N. Bogenschneider, Arkadiusz Mironko

Loyola Consumer Law Review

No abstract provided.

Consumer Protection In The Face Of Smart Contracts, Lucas Forbes

Loyola Consumer Law Review

As smart contracts increase in popularity and use, there is a greater importance for the European Union to ensure that consumers are adequately protected under their consumer protection regime. This Article evaluates the extent to which the principal European consumer protection directives can respond to the use of smart contracts. After providing background on what 'smart contracts' are and their potential benefits, this Article assesses the use of smart contracts under the Unfair Contract Terms Directive, the Consumer Rights Directive, the Unfair Commercial Practices Directive, and the directives on defective and non-conforming goods. This Article finds that while there are …

Consumer News: Fertility Tracking Apps, Dna Testing, And... Vending Machines? Developments In Ftc And State Protections On Certain Health Information, Kiana Baharloo

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Declining Motor Fuel Tax Revenue Due To Electric Vehicles And Increased Fuel Efficiency, Madeline Melby

Loyola Consumer Law Review

The emergence of electric vehicles and increased fuel efficiency within traditional, internal combustion automobiles is an important step in combating climate change. Many state and federal officials have proposed different resolutions to encourage these types of cars and reduce carbon emissions. However, based on the growing number of electric vehicles, hybrids, and overall, more-fuel efficient vehicles, drivers are no longer purchasing fuel at historic levels, and this is effectively curbing the tax revenue once collected at the gas pump on both a state and federal level. Although these vehicles still contribute to the wear and tear associated with driving on …

Exploring The Role Of Technology In Consumer Law Enforcement, Liz Coll, Christine Riefa

Loyola Consumer Law Review

No abstract provided.

Antitrust Privacy, Revisited, Gregory Day

Loyola Consumer Law Review

When large technology companies, known as "Big Tech," became prevalent, they engendered tremendous debate in antitrust circles. On one hand, many of the companies seemed to vanquish competition using methods that could hardly be described as fair or meritorious. But the problem with harnessing antitrust enforcement was that most tech markets appear to be innovative, high-quality, and cheaply priced (one could even say "free"). Since anticompetitive conduct must render high prices, diminished innovation, eroded quality, or otherwise harm "consumer welfare" to offend antitrust law, Big Tech was able to dodge antitrust scrutiny-for a while anyway.

Given the seemingly anticompetitive behaviors …

Privacy, Attention, And Competition. How To Apply Competition Law To Big Tech Companies? The European Perspective, Lukasz Grzejdziak

Loyola Consumer Law Review

No abstract provided.

The Afterpay Hangover, Nathalie Martin, David Lynn

Loyola Consumer Law Review

Buy Now Pay Later (BNPL) companies such as Afterpay, Klarna, Affirm, and Zilch, have grown faster than any other payment method during the pandemic and the BNPL payment method is expected to continue to grow exponentially well into the future. Under BNPL arrangements, consumers buy relatively moderately-priced items online and pay for them in installments, typically without interest. BNPL companies earn revenues from merchant fees. and late fees assessed to consumers, rather than traditional interest. Because consumers do not pay fees or interest if the scheduled installments are paid on time, these companies argue that they do not fall within …

A Hot Topic: Is The Fda’S Approach To Sunscreen Regulation Failing Consumers?, Haley Westman

Seattle University Law Review

This Note suggests a better balance between allowing sunscreen innovation and protecting the public from unsafe products. Part I of this Note will review the factual background of the public’s attention to sunscreen, explain the current sunscreen issues in the news, and highlight the different actors involved in the growing discourse surrounding sunscreen. Part I will also show that the actors involved in the sunscreen industry—scientific researchers, social media influencers, and the public at large—have considerable influence on consumers’ trust in sunscreen, their buying habits, and the FDA’s approach to sunscreen regulation. Part II of this Note will outline the …

Esg Ratings: A Blind Spot For U.S. Securities Regulation, Alexander Coley

Northwestern Journal of International Law & Business

Providers of “Environmental, Social, and Governance” (ESG) ratings have emerged as prominent informational intermediaries in the sustainable finance ecosystem. The key players are familiar names such as Moody’s, Morningstar, MSCI and S&P. In recent years, investors, financial markets observers and academics have raised serious doubts about the value and integrity of ESG ratings, pointing to lack of reliability and comparability and risks of conflicts of interest and abuse, including the potential for “greenwashing.”

ESG ratings are now in the crosshairs of financial regulators, particularly, in Europe. However, the regulatory discourse has failed to contend with risks arising from the use …

Fda As Food System Stewards, Margot J. Pollans, Matthew F. Watson

Elisabeth Haub School of Law Faculty Publications

The Food and Drug Administration (“FDA”) is one of the primary regulators of the U.S. food system, yet it all but ignores the food system's vast environmental footprint. Although the agency is not technically an environmental agency, it could and should view redressing the food system's significant environmental footprint as part of its health and safety mission. In this Article, we review FDA's history of National Environmental Policy Act (“NEPA”) compliance. This history affirms our hypothesis that FDA does not view its own work as environmental. The review, along with assessment of some of FDA's core food programs, reveals that …

Defining And Demystifying Automated Decision Systems, Rashida Richardson

Maryland Law Review

No abstract provided.

Consumer Law's Equity Gap, Vijay Raghavan

Faculty Scholarship

No abstract provided.

The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine

Catholic University Journal of Law and Technology

No abstract provided.

The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao

Catholic University Journal of Law and Technology

The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.

This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …

Accreditation Information Produced By United States Law Schools To The American Bar Association Should Be Made Available To The Public From Both Law And Policy Perspectives, Henry Webb, Patrick R. Baker, Kaleb Byars

Loyola Consumer Law Review

This article argues that, from a legal perspective, the American Bar Association ("ABA") is the functional equivalent of a government agency and so is subject to the United States Freedom of Information Act. Under Soucie v. David and related cases, the fact that the ABA has the final decision-making authority to decide whether a United States law school is or is not to be accredited renders it the functional equivalent of a government agency, and the ABA's refusal to make available to the public the voluminous amount of important information produced to the ABA by law schools going through the …