Open Access. Powered by Scholars. Published by Universities.®

Consumer Protection Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,501 Full-Text Articles 2,532 Authors 1,516,157 Downloads 118 Institutions

All Articles in Consumer Protection Law

Faceted Search

3,501 full-text articles. Page 1 of 76.

State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Daniel Lyons

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. McCoy 2019 Boston College Law School

Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. Mccoy

Patricia A. McCoy

In this comment letter, Professor McCoy responds to the Advance Notice of Proposed Rulemaking on Qualified Mortgages issued by the Consumer Financial Protection Bureau.


An Irrevocably Tainted Opinion: Zen's Threat To Public Discourse, Andrew F. Popper 2019 American University Washington College of Law

An Irrevocably Tainted Opinion: Zen's Threat To Public Discourse, Andrew F. Popper

Boston College Law Review

That agency decision-makers in enforcement actions must be objective, fair, and impartial is hardly debatable. It is equally obvious that a challenge to objectivity must be supported by actual evidence, not assumptions of prejudgment or bias. This essay criticizes Zen Magnets v. Consumer Product Safety Commission, a judicial review of an enforcement action that failed to follow the well-worn path that requires a presumption of honesty, integrity, and good faith when assessing the objectivity of administrative decisionmakers. The Zen court focused on one comment made by Consumer Product Safety Commission Chairman Robert Adler in a rulemaking, not even the enforcement ...


Inside Job: The Assault On The Structure Of The Consumer Financial Protection Bureau, Patricia A. McCoy 2019 Boston College Law School

Inside Job: The Assault On The Structure Of The Consumer Financial Protection Bureau, Patricia A. Mccoy

Patricia A. McCoy

Soon after the 2016 election of Donald Trump as President of the United States, while Republicans controlled Congress, opponents of the fledgling Consumer Financial Protection Bureau (CFPB) opened a campaign against the Bureau. Their target was less the substance of federal consumer financial protection laws than the structure of the CFPB itself. This emphasis on structure was a response to the fact that Congress in 2010 had given special thought to the design of the CFPB to safeguard the Bureau and its mission.

In 2017, after legislation to weaken the Bureau’s structure failed in Congress and constitutional challenges to ...


The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi 2019 Golden Gate University School of Law

The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi

GGU Law Review Blog

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. On the surface, the purpose of the CCPA is to give consumers “rights” to control how businesses monetize their personal information. However, the extent of those “rights” is somewhat vague in the language of the statute.


Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei 2019 Fordham University School of Law

Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei

Fordham Law Review

This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China’s intellectual property regime—in light of the 2017 to 2019 developments—is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use ...


Intellectual Property Law And The Right To Repair, Leah Chan Grinvald, Ofer Tur-Sinai 2019 Suffolk University Law School

Intellectual Property Law And The Right To Repair, Leah Chan Grinvald, Ofer Tur-Sinai

Fordham Law Review

This Article posits that intellectual property law should accommodate consumers’ right to repair their products. In recent years, there has been a growing push towards state legislation that would provide consumers with a “right to repair” their products. Currently, twenty states have pending legislation that would require product manufacturers to make available replacement parts and repair manuals. Unfortunately, though, this legislation has stalled in many of the states. Manufacturers have been lobbying the legislatures to stop the enactment of these repair laws based on different concerns, including how these laws may impinge on their intellectual property rights. Indeed, a right ...


Regulating Habit-Forming Technology, Kyle Langvardt 2019 University of Detroit Mercy School of Law

Regulating Habit-Forming Technology, Kyle Langvardt

Fordham Law Review

Tech developers, like slot machine designers, strive to maximize the user’s “time on device.” They do so by designing habit-forming products— products that draw consciously on the same behavioral design strategies that the casino industry pioneered. The predictable result is that most tech users spend more time on device than they would like, about five hours of phone time a day, while a substantial minority develop life-changing behavioral problems similar to problem gambling. Other countries have begun to regulate habit-forming tech, and American jurisdictions may soon follow suit. Several state legislatures today are considering bills to regulate “loot boxes ...


Amazon And Platform Antitrust, Ben Bloodstein 2019 Fordham University School of Law

Amazon And Platform Antitrust, Ben Bloodstein

Fordham Law Review

With its decision in Ohio v. American Express, the U.S. Supreme Court for the first time embraced the recently developed, yet increasingly prolific, concept of the two-sided platform. Through advances in technology, platforms, which serve as intermediaries allowing two groups to transact, are increasingly ubiquitous, and many of the biggest tech companies operate in this fashion. Amazon Marketplace, for example, provides a platform for third-party vendors to sell directly to consumers through Amazon’s web and mobile interfaces. At the same time that platforms and their scholarship have evolved, a burgeoning antitrust movement has also developed which focuses on ...


State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher 2019 St. Mary's University School of Law

Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann 2019 William & Mary Law School

Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann

Laura A. Heymann

No abstract provided.


The Misuse Of Product Misuse: Victim Blaming At Its Worst, Robert A. Adler, Andrew F. Popper 2019 Selected Works

The Misuse Of Product Misuse: Victim Blaming At Its Worst, Robert A. Adler, Andrew F. Popper

Andrew Popper

This Paper addresses the legal consequences that surface when a consumer uses a product in a manner not specifically intended by that product’s designer or manufacturer. If a product is used in a reasonably foreseeable manner, the fact that the use is at odds with a manufacturer’s intention should not be a basis to deny tort liability or limit the regulatory options of the Consumer Product Safety Commission. If a product proves to be unsafe, defective, dangerous, or otherwise hazardous to users and consumers, use patterns should not be the primary determinant in assessing regulatory and common law ...


Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. McCoy 2019 Boston College Law School

Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. Mccoy

Boston College Law School Faculty Papers

In this comment letter, Professor McCoy responds to the Advance Notice of Proposed Rulemaking on Qualified Mortgages issued by the Consumer Financial Protection Bureau.


Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander 2019 Bentley University

Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander

Washington and Lee Law Review Online

In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception ...


Poole V. Nev. Auto Dealership Inv.’S, Llc, 135 Nev. Adv. Op. 39 (Sept. 5, 2019), Petya Pucci 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Poole V. Nev. Auto Dealership Inv.’S, Llc, 135 Nev. Adv. Op. 39 (Sept. 5, 2019), Petya Pucci

Nevada Supreme Court Summaries

The Court determined that under the Nevada Deceptive Trade Practices Act (“NDTPA”) , (1) “knowingly” means that “the defendant is aware that the facts exist that constitute the act or omission”, and (2) that a fact is “material” if either (a) “a reasonable person would attach importance to its existence or nonexistence in determining a choice of action in the transaction in question,” or b) “the defendant knows or has reason to know that the consumer regards or is likely to regard the matter as important in determining a choice of action, although a reasonable person may not so regard it.”


State, Dep’T Of Bus. & Indus. V. Titlemax, 135 Nev. Adv. Op. 44 (Sept. 26, 2019), Alexis Taitel 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

State, Dep’T Of Bus. & Indus. V. Titlemax, 135 Nev. Adv. Op. 44 (Sept. 26, 2019), Alexis Taitel

Nevada Supreme Court Summaries

In an en banc opinion, the Nevada Supreme Court answered whether title lender TitleMax’s Grace Period Deferment Agreement (“GPPDA”), which applied to short-term, high-interest loans offered to Nevada consumers in 2014 and 2015, qualified as a true grace period under NRS 604A.210. The Court concluded that the GPPDA was not a true grace period, but was instead an impermissible extension of the 210-day loans. The Court reasoned that the GPPDA was an extension because TitleMax charged borrowers additional interest during the extended period and thus violated NRS 604A.445, a statute enacted by the Nevada Legislature in part ...


Deceptively Simple: The Arkansas Deceptive Trade Practices Act, Margaret E. Rushing 2019 University of Arkansas, Fayetteville

Deceptively Simple: The Arkansas Deceptive Trade Practices Act, Margaret E. Rushing

Arkansas Law Review

In the 2017 legislative session, the Arkansas General Assembly significantly changed the Arkansas Deceptive Trade Practices Act (“ADTPA”). These changes now prohibit private class actions under the ADTPA and require plaintiffs to prove additional elements of reliance and actual financial loss when bringing a claim. The changes appear to limit the ability of a consumer to bring a private action under the ADPTA. With these changes, Arkansas joins a minority of jurisdictions with deceptive trade practices acts that increase a plaintiff’s burden and restrict private class actions.


Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*, Jessica Guarino 2019 University of Arkansas, Fayetteville

Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*, Jessica Guarino

Arkansas Law Review

Prior to the 1960s, “courts were notorious for their insensitivity to consumer interests, while legislatures did little in the way of offering the consumer comprehensive protection against business fraud.”1 However, the tide of legislation began to turn in the 1960s as a movement for greater consumer protections finally reached the ears of an individual with a powerful voice: President John F. Kennedy.


Digital Commons powered by bepress