Consumer Protection Law Commons^™

Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro

Journal of Business & Technology Law

No abstract provided.

Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery

UIC Law Open Access Faculty Scholarship

While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …

Where The Fcra Meets The Fdcpa: The Impact Of Unfair Collection Practices On The Credit Report, Mary B. Spector

Faculty Journal Articles and Book Chapters

This Article explores the impact that contemporary practices in consumer debt collection litigation may have on credit reporting and scoring. In doing so, it pays particular attention to available data regarding the use of unfair collection practices in such litigation, and considers whether consumer reports of such litigation unfairly burden consumers’ ability to obtain housing, employment, insurance, or credit. It highlights some of the obstacles consumers face at the intersection of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and considers alternative proposals to provide fair and accurate information relating to consumer debts while also preventing …

The Significance Of The Distinction Between Children And Adults For Consumer Protection, M. Neil Browne, Lauren Biksacky

Loyola Consumer Law Review

No abstract provided.

Hitting Calories Out Of The Ballpark: An Examination Of The Fda's New Menu Labeling Laws And Their Impact On Sports Spectatorship, Crystal T. Williams Esq., Antonio S. Williams Ph.D.

Loyola Consumer Law Review

No abstract provided.

Dodd-Frank 1073: Creating The Well-Informed Remittance Consumer , Michael J. Lorden

Loyola Consumer Law Review

No abstract provided.

Dodd-Frank Act And Remittances To Post-Conflict Countries: The Law Of Unintended Consequences Strikes Again, Raymond Natter

Loyola Consumer Law Review

No abstract provided.

Hipaa's Influence On Consumers: Friend Or Foe?, Anna Covert

Loyola Consumer Law Review

No abstract provided.

The Jobs Act And Lifting The Ban On General Solicitation And Advertising: Is The U.S. Ready For Investment Opportunity Infomercials? , Hugo Gallegos

Loyola Consumer Law Review

No abstract provided.

Recent Developments In Mortgage Foreclosure Process Provides Relief To Consumers, Agostino S. Filippone

Loyola Consumer Law Review

No abstract provided.

A Randomized Experiment Assessing The Accuracy Of Microsoft's "Bing It On" Challenge, Ian Ayres, Emad Atiq, Sheng Li, Michelle Lu, Tom Maher, Christine Tsang

Loyola Consumer Law Review

Abstract: In advertisements associated with its “Bing It On” campaign, Microsoft claimed that “people preferred Bing web search results nearly 2:1 over Google in blind comparison tests.” We tested Microsoft’s claims by way of a randomized experiment involving U.S.-based Amazon’s Mechanical Turk (“MTurk”) subjects and conducted on Microsoft’s own www.bingiton.com website. We found that (i) a statisticallysignificant majority of participants preferred Google search results to Bing search results (53% to 41%); and (ii) participants were significantly less likely to prefer Bing results when randomly assigned to use popular search terms or self-selected

The Foreclosure Echo: How Abandoned Foreclosures Are Re-Entering The Market Through Debt Buyers, Judith Fox

Loyola Consumer Law Review

No abstract provided.

Suitability And Non-Maleficence: A Proposal For Insurance Producer Regulatory Reform , Mark Franke

Loyola Consumer Law Review

No abstract provided.

The Legal History Of Credit In Four Thousand Years (Or Less), Michael L. Starzec

Loyola Consumer Law Review

No abstract provided.

2012 Ftc Study On Credit Scores: 98% Accuracy Reflect Credit Risk, Joseph Axelrod

Loyola Consumer Law Review

No abstract provided.

Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte

UIC Review of Intellectual Property Law

Technology provides consumers with new ways to avoid advertisements, such as fast forwarding through TV commercials and using filtering software to block pop-up ads. Accordingly brand sponsors and their advertising marketing firms have sought alternative methods to pierce through consumer resistance to ads. Social media offers an optimal platform to reach millions of consumers on a nearly daily basis who interact and often rely heavily on the reviews and rankings of fellow consumers. However, many of today’s branding campaigns now mask sponsored ads as ordinary consumer reviews or “Like” and “Don’t Like” responses to a service or product. Unbeknownst to …

The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao

University of Colorado Law Review

Litigation financing companies ("LFCs") provide nonrecourse cash advances to plaintiffs in exchange for a portion of their lawsuits' potential future proceeds. While this arrangement allows individuals to continue to litigate without having to accept unjust settlement offers, desperate consumers are often forced to pay inequitable interest rates for the cases they finance. Because there is no absolute obligation to repay the LFC, the industry manages to avoid regulation under state interest rate ceilings for consumer loans. The few existing litigation financing laws do not restrict the interest rates that LFCs may charge, and even if some courts are willing to …

Consumer Financial Protection And Community Banks, John T. Adams

University of Arkansas at Little Rock Law Review

The Dodd-Frank Act (Dodd-Frank) was enacted following the 2007-2008 financial crisis as the result of calls in Washington to protect average Americans from the depredations of Wall Street. Specifically, proponents of Dodd-Frank pointed to greed, carried out through the business practices at large commercial and investment banks, as the cause of the financial crisis. Accordingly, Dodd-Frank sought to place the most stringent restrictions on the activities of large commercial and investment banks of any legislation since the Great Depression.

However, the perception of rapacious business practices on Wall Street does not apply as directly to community banks. Situated somewhere between …

Giving Consumers A Leg To Stand On: Finding Plaintiffs A Legislative Solution To The Barrier From Federal Courts In Data Security Breach Suits, Patricia Cave

Catholic University Law Review

No abstract provided.

Private Rights For The Public Good?, J. Janewa Oseitutu

Faculty Publications

The counterfeit medicines discussion is an example of how the use of a turbid rationale for greater intellectual property protections serves sophisticated private interests while potentially harming the public interest. The risk of harm created by counterfeit medicines provides a compelling counter-narrative to the access to medicines critique of intellectual property rights.

Intellectual property advocates and the pharmaceutical industry have portrayed poor global enforcement of intellectual property rights as contributing to the proliferation of dangerous counterfeit medications. Yet, the deliberate linkage in the literature between weak intellectual property rights and the harms caused by counterfeit medicines provides a justification for …