Consumer Protection Law Commons^™

Sexual Orientation And The Ecoa: A Case For Statutory Protections, Andrew Potter

Loyola Consumer Law Review

No abstract provided.

The Compensation For Victims Of Disasters In Belgium, France, Germany, And The Netherlands, Véronique Bruggeman, Michael Faure

Loyola Consumer Law Review

No abstract provided.

Supreme Court Spotlight: Lamps Plus, Inc., Et Al. V. Frank Varela, James Orescanin

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

The Future Of Consumer Protection: Remarks At Loyola University Chicago School Of Law, Richard Cordray

Loyola Consumer Law Review

No abstract provided.

Commissioning The Consumer Financial Protection Bureau, Jolina C. Cuaresma

Loyola Consumer Law Review

There has been much debate over the Consumer Financial Protection Bureau's lack of executive and congressional oversight: its single director removable only for cause and its operations are not subject to appropriations. This paper explains how this very leadership and accountability structure-intended to politically insulate the agency-had the perverse effect of politicizing it. Since Director Cordray's departure, there has been increased regulatory uncertainty, discouraging financial innovation and harming consumer welfare. This paper recommends that Congress restructure the Bureau into a multi-member, bipartisan commission to provide industry regulatory predictability and ensure that consumer protection retains its independent seat in the financial …

Every Tool At Its Disposal: The Case For A Student Loan Servicing Rulemaking, Seth Frotman

Loyola Consumer Law Review

No abstract provided.

Helsinn V. Teva: A Big Blow To Small Pharma, Anureet Sandhu

Loyola Consumer Law Review

In Helsinn v. Teva, the Supreme Court held that Congress did not alter the meaning of "on sale" when it enacted the LeahySmith America In vents Act and, therefore, an inventor's sale of an invention to a third party who is obligated to keep the invention confidential may qualify as prior art. The Court relied upon precedent which suggested that a sale or offer of sale need not make an invention available to the public to qualify as prior art. Instead, the on-sale bar only required that the invention be the subject of a commercial offer for sale and ready …

Bringing Down The Average: The Case For A "Less Sophisticated" Reasonableness Standard In Us And Eu Consumer Law, Jason Cohen

Loyola Consumer Law Review

No abstract provided.

Scouring Muddied Waters: Towards Clarifying The Cfpb's "Abusive" Practices, Michael R. Faz

Loyola Consumer Law Review

While this Article was pending publication, several events unfolded altering the landscape of the abusive power. As a preliminary note, during the pendency of publication several dispositions changed-either by court order or agreement between the parties. Next, in June 2019, Director Kraninger kicked off the Bureau's symposium series by holding an open forum over the abusive power. The symposium consisted of two panels: one focusing on policy, composed of law professors, and one focusing on practical application, comprised of practicing attorneys in private and government practice. Both panels were intellectually stimulating and presented diverging views. In the policy panel, major …

Antitrust Analysis Of Nopec Legislation, Harry First, Darren Bush

Loyola Consumer Law Review

This Article analyzes the proposed "No Oil Producing and Exporting Cartels Act of 2019" (NOPEC). This legislation, which was introduced in the United States Senate and House of Representatives, addresses the antitrust issues involved in suing the Organization of the Petroleum Exporting Countries (OPEC), their member states and their state owned oil companies (SOEs), other states and their SOEs, and private companies for their participation in an international cartel that has long been involved in regulating the production and distribution of oil and other petroleum products. It is our view that this proposed legislation provides a relatively moderate approach to …

Deception Unknown: A Hard Look At Deceptive Trade Practices In The Video Game Industry, Elad Botwin

Loyola Consumer Law Review

The video game industry is rapidly growing and reaching more people, adults and children alike, across the world. There have been only a handful of legal actions regarding deceptive trade practices by companies in the video game industry. There has been only one government ruling that has substantively reviewed a game over representations regarding its features - the United Kingdom's Advertising Standards Authority (ASA) ruling on the game No Man's Sky in November 2016. The dearth of legal action in this area and the shortfalls in the ASA investigation boil down to a fundamental lack of rules and guidance for …

The California Consumer Privacy Act Of 2018: Toughest U.S. Data Privacy Law With Teeth?, Yunge Li

Loyola Consumer Law Review

No abstract provided.

Platforms, American Express, And The Problem Of Complexity In Antitrust, Chris Sagers

Law Faculty Articles and Essays

Everything about Ohio v. American Express was wrong and the adoption of “two-sided platform” reasoning into American antitrust law might be one of its worst, most regrettable wrong turns in decades. That is not because the original theoretical model of two-sided interaction has anything wrong with it at all. It is rather that nothing could be gained by incorporating it that could be worth the result in the American Express case itself, or the difficulty that has likely been invited into antitrust litigation. The consequences are hard to predict, but they may be severely limiting to our already moribund antitrust …

Consumer Protection—Exploring Private Causes Of Action For Victims Of Data Breaches, Justin H. Dion, Nicholas M. Smith

Faculty Scholarship

Data breaches are becoming a norm in modern life. Every year it seems that bigger and bigger attacks are launched, and more and more individuals are harmed. The law has responded by increasing states’ ability to prosecute cybercriminals. A glaring hole exists in this protection though. The state is largely an unharmed party. The real harm is done to individual citizens affected by the breaches. Their data is compromised, their identities are stolen, and their livelihoods are placed at risk. This Article will analyze the issue and propose a solution for increased consumer protection in addition to the current criminal …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumer-sourced reputational information about products should increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision-making. There is now a growing pressure to deregulate in diverse fields such as contracts, products liability, consumer protection, and occupational licensing.

This Article presents a common failure mode of systems of reputation: "Reputation Failure." By spotlighting the public-good nature of reviews, rankings, and even gossip, this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value. As a result …

Consumer Protection Issues And Non-Banks: A Comparative Analysis, Stephanie Ben-Ishai

Articles & Book Chapters

The same millennials who spend all their money on avocado toast might not be looking to traditional banks to obtain mortgages or invest their limited funds because they don't have the requisite credit scores or resources to save money. This generation has also seen too many movies about Wall Street disasters and may have decided they don't want to give Leonardo DiCaprio money to "buy wolves." They've been working any number of jobs that don't offer pensions or benefits; they often live paycheck to paycheck; and the prospect of borrowing money from or depositing money at a mainstream bank when …

Blockchain Symposium Introduction: Overview And Historical Introduction, Brian Ray

Cleveland State Law Review

Imagine a world where human drivers can access on-demand micro-insurance contracts tailored to cover only the actual time spent driving. How about a secure, decentralized identity system that allows individuals to purchase a vehicle and obtain insurance without sharing unnecessary private information exposing it to cyber criminals? Take that a step further and consider a system of driverless cars that transact with autonomous gas stations and take payments directly from passengers. These are some of the fascinating applications that blockchain technology could enable. But these applications give rise to significant technical, social, and legal questions, all of which we explored …

Conceptualizing The Regulation Of Virtual Currencies And Providers: Friction Points In State And Federal Approaches To Regulating Providers Of Payments Execution And Custody Services And Products In The United States, Sarah J. Hughes

Cleveland State Law Review

This essay evaluates the state of regulation by the United States government and State legislatures of participants in emerging virtual-currency businesses. It points to friction points as both the federal government and the States experiment with their own regulatory authority over virtual-currency businesses and provides a taxonomy of differing approaches to regulating such businesses. The essay takes the position that the States need to act in the near term if they wish to maintain their longstanding role as regulators of non-depository providers of financial products and services—or they risk being preempted by Congress or federal regulatory actions. This essay also …

Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo

UF Law Faculty Publications

The cause of our present stagnation is that the supply line or arteries furnishing the needs of the country are clogged with obsolete, outworn and outmoded machinery, buildings and commodities of all kinds. These are obstructing the avenues of commerce and industry and are preventing new products from coming through. There is little demand for new goods when people make their old and worn-out things do, by keeping them longer than they should.