Collection Texas-Style: An Analysis Of Consumer Collection Practices In And Out Of The Courts,
2016
Southern Methodist University, Dedman School of Law
Collection Texas-Style: An Analysis Of Consumer Collection Practices In And Out Of The Courts, Mary B. Spector, Ann Badour
Faculty Journal Articles and Book Chapters
As many as forty-four percent of Texans with credit files have non-mortgage debt in collection; this is more than ten percent above the national average. The Authors provide a snapshot of collection practices employed in Texas over a two-year period following the enactment of new court rules governing the litigation of most collection cases. Using a combination of quantitative and qualitative methods, they consider data in three general categories:
(1) consumer complaints to the state and federal agencies;
(2) court outcomes over a two-year period along with related demographic data; and
(3) court observations conducted in five counties with a …
When Peace Is Not The Goal Of A Class Action Settlement,
2016
University of Houston Law Center
When Peace Is Not The Goal Of A Class Action Settlement, D. Theodore Rave
Georgia Law Review
On the conventional account, a class action settlement is a vehicle through which the defendant buys peace from the class action lawyer. That single transaction will preclude future litigation by all class members. But peace, at least through preclusion, may not always be the goal. In a recent Fair Credit Reporting Action (FCRA) case, In re Trans Union Privacy Litigation, the parties agreed to a class action settlement that did not preclude individual claims. The 190 million class members surrendered only their rights to participate in a future class or aggregate action; they remained free to march right back into …
Personal Property Servitudes On The Internet Of Things,
2016
Brooklyn Law School
Personal Property Servitudes On The Internet Of Things, Christina Mulligan
Georgia Law Review
Small appliances such as thermostats, watches, jewelry, and eyewear are now being made available with networking capability. These networked objects make up the growing Internet of Things-pieces of personal property that run software and connect to the global Internet. These products are typically governed by terms of service or end-user license agreements that create restrictions on how products can be used or transferred- restrictions which would be unenforceable if the inside of the product consisted of gears rather than processing chips. This Article explores the question of when use and transfer restrictions should be enforceable on networked appliances and other …
The (Un)Fair Credit Reporting Act,
2016
Loyola University Chicago, School of Law
The (Un)Fair Credit Reporting Act, Alexandra P. Everhart Sickler
Loyola Consumer Law Review
No abstract provided.
Table Of Contents,
2016
Loyola University Chicago, School of Law
Table Of Contents, Loyola Consumer Law Review
Loyola Consumer Law Review
No abstract provided.
Comparing The Us & The Eu Failing Firm Defense: Reflections From An Economic Perspective,
2016
Loyola University Chicago, School of Law
Comparing The Us & The Eu Failing Firm Defense: Reflections From An Economic Perspective, Marianela López-Galdos
Loyola Consumer Law Review
No abstract provided.
The Misclassification Trend: How Independent Contractor Status Could Affect Consumers,
2016
Loyola University Chicago, School of Law
The Misclassification Trend: How Independent Contractor Status Could Affect Consumers, Kyla Miller
Loyola Consumer Law Review
No abstract provided.
Consumer Investment In University Brands,
2016
Loyola University Chicago, School of Law
Consumer Investment In University Brands, Deborah R. Gerhardt
Loyola Consumer Law Review
No abstract provided.
Table Of Contents,
2016
Loyola University Chicago, School of Law
Table Of Contents, Loyola Consumer Law Review
Loyola Consumer Law Review
No abstract provided.
Rethinking Children's Advertising Policies For The Digital Age,
2016
Loyola University Chicago, School of Law
Rethinking Children's Advertising Policies For The Digital Age, Angela J. Campbell
Loyola Consumer Law Review
No abstract provided.
Empirical Rationalization Of Prior Substantiation Doctrine: Federal Trade Commission V. Reebok & Sketchers,
2016
Loyola University Chicago, School of Law
Empirical Rationalization Of Prior Substantiation Doctrine: Federal Trade Commission V. Reebok & Sketchers, Sungho Cho, Yongjae Kim
Loyola Consumer Law Review
Companies frequently make efficacy claims in advertisements to introduce new products featuring innovative technology. When such claims are supported by information obtained from scientific research or expert testimonials, they are subject to the doctrine of prior substantiation. Under the doctrine, an advertisement claim based on seemingly credible authorities must be substantiated by a reasonable basis before it is released to the general public. Otherwise, the advertisement will be in violation of Section 5(a) of the Federal Trade Commission Act that prohibits "unfair or deceptive acts affecting commerce."' This study investigates the rationale of the legal rule in light of consumer …
Was That An Ad?,
2016
Loyola University Chicago, School of Law
The Role Of Private Litigation In The Automotive Recall Process,
2016
Loyola University Chicago, School of Law
The Role Of Private Litigation In The Automotive Recall Process, Conor Dwyer Reynolds
Loyola Consumer Law Review
No abstract provided.
Manipulating Trust On Facebook,
2016
Loyola University Chicago, School of Law
Manipulating Trust On Facebook, Ari Ezra Waldman
Loyola Consumer Law Review
No abstract provided.
You As A Brand: A Legal History,
2016
University of Missouri School of Law
You As A Brand: A Legal History, Lyrissa Lidsky
Faculty Publications
Dr. Samantha Barbas’ book, Laws of Image: Privacy and Publicity in America, makes an original, important, and engaging contribution to the history of the privacy law in the United States. In the process, the book illuminates how we became a culture obsessed with image management and how the law developed and continues to evolve to protect our rights to become our own personal brands.
All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy,
2016
University of Colorado Law School
All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson
University of Colorado Law Review
Consumers navigating the United States' modern electronic exchange economy are uniquely vulnerable to injury from data breaches. Hackers run data breach operations on an industrial scale, with a worldwide underground economy supporting the processing and exploitation of stolen information. Economic damages from data breaches exceed millions of dollars annually in direct and indirect costs for consumers and businesses alike. While existing common law, statutory law, and regulatory law offer consumers affected by a data breach some degree of protection, that protection is largely inadequate in the face of the threat posed by consumer data breaches. This Comment argues that consumers …
The Reciprocal Of Macpherson V. Buick Motor Company,
2016
Brooklyn Law School
The Reciprocal Of Macpherson V. Buick Motor Company, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Race To Safety: How Private Lawmaking And Voluntary-Standard Adoption Can Inspire A Global Regime That Strengthens And Harmonizes Product Safety Standards,
2016
Indiana University Maurer School of Law
The Race To Safety: How Private Lawmaking And Voluntary-Standard Adoption Can Inspire A Global Regime That Strengthens And Harmonizes Product Safety Standards, Alexandra Muir
Indiana Journal of Global Legal Studies
Today's economy is dominated by global actors. Over the past few decades, transnational corporations have increased in number and importance while domestic corporations have turned to outsourcing to cut costs and increase efficiency. The globalized economy has caused a breakdown in both physical and legal boundaries, as products in international commerce move from one jurisdiction to another, often adhering to safety standards of an entirely different jurisdiction than the one in which they are sold. This breakdown raises concerns about product safety and illustrates the importance of creating a consistent products liability regime for the international market. At the same …
Wiggle Room: Problems And Virtues Of The Inwood Standard,
2016
Maurer School of Law: Indiana University
Wiggle Room: Problems And Virtues Of The Inwood Standard, Rian C. Dawson
Indiana Law Journal
This Note investigates the origins of Inwood that led to the slim opinion with wide influence. It argues that the very vagueness for which scholars and practitioners have decried Inwood is the case's greatest virtue: Inwood provides a flexible standard that has allowed the common law to evolve and address new business models. Part I discusses the origins of contributory infringement in intellectual property. Part II investigates the Inwood case and the climate of trademark law at the time Inwood was litigated. It also dissects the majority opinion and Justice White's concurrance. Part III examines the Inwood standard's evolution at …
Energy Derivatives: Which Country (U.S. Or U.K.) Provides The Best Customer Asset Protections To An Energy Trading Firm If Its Brokerage Firm/Counterparty Files For Bankruptcy,
2016
New York Law School
Energy Derivatives: Which Country (U.S. Or U.K.) Provides The Best Customer Asset Protections To An Energy Trading Firm If Its Brokerage Firm/Counterparty Files For Bankruptcy, Ronald H. Filler
Articles & Chapters
No abstract provided.
