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

Consumer Protection Law Commons

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

3,355 Full-Text Articles 2,430 Authors 1,516,157 Downloads 118 Institutions

All Articles in Consumer Protection Law

Faceted Search

3,355 full-text articles. Page 1 of 71.

The Resurrection Of The Consumer Expectations Test: A Regression In American Products Liability, Tiffany Colt 2019 University of Miami Law School

The Resurrection Of The Consumer Expectations Test: A Regression In American Products Liability, Tiffany Colt

University of Miami International and Comparative Law Review

No abstract provided.


What’S In Your Wallet (And What Should The Law Do About It?), Natasha Sarin 2019 University of Pennsylvania Law School

What’S In Your Wallet (And What Should The Law Do About It?), Natasha Sarin

Faculty Scholarship at Penn Law

In traditional markets, firms can charge prices that are significantly elevated relative to their costs only if there is a market failure. However, this is not true in a two-sided market (like Amazon, Uber, and Mastercard), where firms often subsidize one side of the market and generate revenue from the other. This means consideration of one side of the market in isolation is problematic. The Court embraced this view in Ohio v. American Express, requiring that anticompetitive harm on one side of a two-sided market be weighed against benefits on the other side.

Legal scholars denounce this decision, which, practically ...


Regulation Of Payday Loans: Misguided?, Paige Marta Skiba 2019 Selected Works

Regulation Of Payday Loans: Misguided?, Paige Marta Skiba

Paige Marta Skiba

Since payday lenders came on the scene in 1990s, regulation of their "predatory" practices has been swift and often severe. Fourteen states now ban payday loans outright. From an economist's perspective, high-interest, short-term, small loans need not be a bad thing. Payday credit can help borrowers "smooth" consumption, unequivocally improving welfare as consumers borrow from future good times to help cover current shortfalls. These benefits of credit can accrue even at typical payday loan interest rates of 300%-600% APR. The question of whether payday credit actually assists borrowers in this way is an empirical one. In this Article ...


Consumer Litigation Funding: Just Another Form Of Payday Lending?, Paige Marta Skiba, Jean Xiao 2019 Selected Works

Consumer Litigation Funding: Just Another Form Of Payday Lending?, Paige Marta Skiba, Jean Xiao

Paige Marta Skiba

This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are both alternative financial services, involve high interest rates, and cater to customers who need money for living expenses. However, they differ in ways that regulators should recognize. Many justify bans on payday lending by pointing to the fact that millions of borrowers every year are getting stuck in an inescapable cycle of interest payments. While legal finance has real costs, funding’s nonrecourse nature prevents consumers from getting stuck in a cyclical repayment ...


The Dark Side Of The Pharmaceutical Industry: A Compound Of Issues, Geoffrey A. Marcus 2019 University of Miami Law School

The Dark Side Of The Pharmaceutical Industry: A Compound Of Issues, Geoffrey A. Marcus

University of Miami Inter-American Law Review

No abstract provided.


Gagged By Big Ag: Whistleblower Silencing Bill Threatens The Employee’S Right To Uncover Workplace Wrongdoing, Tara Cooley 2019 Golden Gate University School of Law

Gagged By Big Ag: Whistleblower Silencing Bill Threatens The Employee’S Right To Uncover Workplace Wrongdoing, Tara Cooley

Golden Gate University Law Review

This Comment analyzes the court’s application of the standing doctrine in PETA v. Stein to demonstrate that the dismissal of a challenge to a whistleblower silencing statute because the plaintiff lacked standing is detrimental to First Amendment rights. This Comment argues that a relaxed standing requirement must be applied to future pre-enforcement challenges of legislation that aims to silence whistleblowers, and therefore chills First Amendment rights.

Part I examines the court’s relaxed application of the standing requirement to criminal statutes that chill First Amendment rights. Part II argues for a relaxed application of the standing requirement to whistleblower ...


Occupational Licensing And The Limits Of Public Choice Theory, Gabriel Scheffler, Ryan Nunn 2019 University of Pennsylvania Law School, Yale Law School

Occupational Licensing And The Limits Of Public Choice Theory, Gabriel Scheffler, Ryan Nunn

Faculty Scholarship at Penn Law

Public choice theory has long been the dominant lens through which economists and other scholars have viewed occupational licensing. According to the public choice account, practitioners favor licensing because they want to reduce competition and drive up their own wages. This essay argues that the public choice account has been overstated, and that it ironically has served to distract from some of the most important harms of licensing, as well as from potential solutions. We emphasize three specific drawbacks of this account. First, it is more dismissive of legitimate threats to public health and safety than the research warrants. Second ...


Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation, Gabrielle Eriquez 2019 College of William & Mary Law School

Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation, Gabrielle Eriquez

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Eleven Things They Don’T Tell You About Law & Economics: An Informal Introduction To Political Economy And Law, 2019 University of Minnesota Law School

Eleven Things They Don’T Tell You About Law & Economics: An Informal Introduction To Political Economy And Law

Law & Inequality: A Journal of Theory and Practice

Many legal scholars have critiqued the dominant law and economics paradigm. However, important work is all too often neglected because it is not popularized in an accessible form. This Article features experts who synthesize their key insights into memorable and concise vignettes. Our 11 Things project is inspired by the work of the Cambridge economist Ha-Joon Chang, who distilled many facets of his work into a book called 23 Things They Don’t Tell You About Capitalism. That book was a runaway success, translated for markets around the globe, because it challenged conventional economic reasoning with a series of short ...


The Right Way To Protect Privacy Throughout The Internet Ecosystem, Daniel A. Lyons 2019 Boston College Law School

The Right Way To Protect Privacy Throughout The Internet Ecosystem, Daniel A. Lyons

Daniel Lyons

No abstract provided.


States Empowering Plaintiff Cities, Eli Savit 2019 University of Michigan Law School

States Empowering Plaintiff Cities, Eli Savit

University of Michigan Journal of Law Reform

Across the country, cities are becoming major players in plaintiff’s-side litigation. With increasing frequency, cities, counties, and other municipalities are filing lawsuits to vindicate the public interest. Cities’ aggressive use of lawsuits, however, has been met with some skepticism from both scholars and states. At times, states have taken action—both legislative and via litigation—to preempt city-initiated suits.

This Article contends that states should welcome city-initiated public-interest lawsuits. Such litigation, this Article demonstrates, vindicates the principles of local control that cities exist to facilitate. What is more, a motivated plaintiff city can accomplish public-policy goals that are important ...


Policing Cyberspace: The Uncertain Future Of Data Privacy And Security Enforcement In The Wake Of Labmd, Julia Whall 2019 Boston College Law School

Policing Cyberspace: The Uncertain Future Of Data Privacy And Security Enforcement In The Wake Of Labmd, Julia Whall

Boston College Law Review

On June 6, 2018, in LabMD, Inc. v. Federal Trade Commission (LabMD III), the U.S. Court of Appeals for the Eleventh Circuit vacated a Federal Trade Commission order that required a small medical laboratory to maintain a reasonable data security program following a data breach. The case presented the Eleventh Circuit with the opportunity to clarify the FTC’s data privacy and security enforcement powers under Section 5 of the FTC Act. The court, however, only addressed this issue briefly in dicta, and instead held that the order was unenforceable because it was overly-broad. This Comment argues that Eleventh ...


Why Consumer Defendants Lump It, Emily S. Taylor Poppe 2019 University of California, Irvine School of Law

Why Consumer Defendants Lump It, Emily S. Taylor Poppe

Northwestern Journal of Law & Social Policy

No abstract provided.


Why The Latest Ruling In The Sandy Hook Shooting Litigation Matters, Heidi Li Feldman 2019 Georgetown University Law Center

Why The Latest Ruling In The Sandy Hook Shooting Litigation Matters, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

On March 19, 2019 the Connecticut Supreme Court officially released its opinion in Soto v. Bushmaster Firearms International, LLC. Because the decision greenlights civil discovery and trial for the Sandy Hook plaintiffs seeking compensation from the maker, distributor,and retailer of the gun used by the shooter, the ruling received much attention in the popular press. It is, however, very easy to get the wrong impression about the significance of the Connecticut Supreme Court’s decision and the avenues it creates for both the plaintiffs and the defendants in the litigation. The decision is both more and less significant than ...


A Tragedy Of Novelty: Is For-Cause Removal Protection For The Consumer Financial Protection Bureau's Single Director A Fatal Flaw?, Logan Hovie 2019 Boston College Law School

A Tragedy Of Novelty: Is For-Cause Removal Protection For The Consumer Financial Protection Bureau's Single Director A Fatal Flaw?, Logan Hovie

Boston College Law Review

On January 31, 2018, the en banc United States Court of Appeals for the District of Columbia Circuit held, in PHH Corp. v. Consumer Financial Protection Bureau, that the Consumer Financial Protection Bureau (“CFPB”) was permissibly organized under the Supreme Court’s removal power jurisprudence. In doing so, the court found that the CFPB’s structure, which provided the agency’s single director for-cause removal protection, did not impinge on the President’s powers under Article II of the U.S. Constitution. Nonetheless, the fate of the CFPB remains in doubt. The United States Court of Appeals for the Second ...


Digital Market Perfection, Rory Van Loo 2019 Boston University School of Law

Digital Market Perfection, Rory Van Loo

Michigan Law Review

Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to search and switch, potentially bringing tremendous societal ...


The "Uncontroversial" Controversy In Compelled Commercial Disclosures, Lauren Fowler 2019 Fordham University School of Law

The "Uncontroversial" Controversy In Compelled Commercial Disclosures, Lauren Fowler

Fordham Law Review

Federal and state administrative agencies increasingly advance public health goals through the use of mandatory disclosures, like warning labels on cigarettes, that are intended to both inform and influence consumer decisions. However, the standard for determining whether these requirements violate a commercial speaker’s First Amendment rights is unsettled. In Zauderer v. Office of Disciplinary Counsel, the U.S. Supreme Court adopted a test that defers to the government’s determination that the compelled disclosure of “factual and uncontroversial information” is justified. Since Zauderer was decided, lower courts have disagreed about the meaning of “uncontroversial.” A recent Supreme Court case ...


Duty Or No Duty? That Is The Question: The Second Circuit Reasserts That A Violation Of Item 303'S Duty To Disclose Can Establish Liability Under Section 10(B), Rebecca Rabinowitz 2019 Boston College Law School

Duty Or No Duty? That Is The Question: The Second Circuit Reasserts That A Violation Of Item 303'S Duty To Disclose Can Establish Liability Under Section 10(B), Rebecca Rabinowitz

Boston College Law Review

On March 29, 2016, in Indiana Public Retirement Systems v. SAIC, Inc., the United States Court of Appeals for the Second Circuit reaffirmed its earlier conclusion that a violation of the duty to disclose imposed on publicly traded companies by Item 303 of Regulation S-K can constitute a violation of Section 10(b) of the Securities Exchange Act of 1934. In so doing, the Second Circuit directly conflicted with a decision from the United States Court of Appeals for the Ninth Circuit, Cohen v. NVIDIA Corp. (In re NVIDIA Corp. Securities Litigation), despite the fact that both courts relied upon ...


Creatures Of Habit: Predictions About Delaware’S Future Treatment Of Disclosure Only Settlements And What It Means For Plaintiffs’ Attorneys Seeking A Pay Day, Peter Diliberti 2019 Boston College Law School

Creatures Of Habit: Predictions About Delaware’S Future Treatment Of Disclosure Only Settlements And What It Means For Plaintiffs’ Attorneys Seeking A Pay Day, Peter Diliberti

Boston College Law Review

Scholars agree that in order for states to either obtain or maintain the business of corporate merger litigation, they must engage in competition with one another. Delaware has participated in this competition in the past to maintain its position as the country’s leading forum for corporate merger litigation. One of the most prominent aspects of this type of litigation is the “disclosure only settlement.” In the 2016 case In re Trulia, the Delaware Court of Chancery broke from a well-established precedent of approving disclosure only settlements and indicated it would be applying a heightened level of scrutiny to them ...


The Ever-Changing Landscape Of Informed Consent And Whether The Obligation To Explain A Procedure To The Patient May Be Delegated, Samuel D. Hodge, Maria Zambrano Steinhaus 2019 Temple University

The Ever-Changing Landscape Of Informed Consent And Whether The Obligation To Explain A Procedure To The Patient May Be Delegated, Samuel D. Hodge, Maria Zambrano Steinhaus

Arkansas Law Review

Informed consent is an integral part of the shared decision making process and requires a patient be informed of the benefits, risks and alternatives to a medical procedure. This information, which requirement has been codified into the law and practice of every healthcare provider, helps a patient decide whether to proceed with the recommended treatment plan. Informed consent has its foundation in the ethical notion of patient autonomy and fundamental human rights. After all, it is the patient’s decision to determine what may be done to his or her body and to ascertain the risks and benefits before undertaking ...


Digital Commons powered by bepress