Consumer Law & Policy Blog

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Friday, August 17, 2007

A Solution to the Problems Caused by Securitization?

Last week I posted a link to and some quotes from an article in the Times about the problems caused in unwinding securitized loans.  Today's Times has a column by regular op-ed columnist and Princeton economist Paul Krugman, "Workouts, Not Bailouts," in which Krugman proposes a solution to the problem.  A quote:

This looks to me like a clear case for government intervention: there’s a serious market failure, and fixing that failure could greatly help thousands, maybe hundreds of thousands, of Americans. The federal government shouldn’t be providing bailouts, but it should be helping to arrange workouts.

And we’ve done this sort of thing before — for third-world countries, not for U.S. citizens. * * *

The mechanics of a domestic version would need a lot of work, from lawyers as well as financial experts. My guess is that it would involve federal agencies buying mortgages — not the securities conjured up from these mortgages, but the original loans — at a steep discount, then renegotiating the terms. But I’m happy to listen to better ideas.

Posted by Jeff Sovern on Friday, August 17, 2007 at 02:54 PM in Other Debt and Credit Issues | Permalink | Comments (0) | TrackBack (0)

Thursday, August 16, 2007

Comparing Search Engine Privacy Policies

CNET compared the privacy policies of the major search engines and found that, on the whole, they are becoming more responsive to their users' privacy concerns. However, of the five largest search engines, only Ask.com said it would not keep records of its users' searches. For its part, Google recently announced that it would anonymize its users' search records after 18 months.

Posted by Greg Beck on Thursday, August 16, 2007 at 11:11 AM in Internet Issues, Privacy | Permalink | Comments (0) | TrackBack (0)

Airline Passengers' "Bill of Rights" Endorsed

For what it's worth, The Washington Post has endorsed the airline passengers' "bill of rights" legislation pending before the Congress.  Its aimed at the worst of the problems experienced by delayed airline travelers, such as waiting on the tarmac for hours without adequate food and water.

Posted by Brian Wolfman on Thursday, August 16, 2007 at 08:17 AM in Consumer Legislative Policy | Permalink | Comments (0) | TrackBack (0)

Washington Post: "Maxed Out" Prescient About Mortgage Loan Market

20070308james_scurlock Today's Washington Post explains in this short article that although the movie "MaxedMaxed_2 Out," directed by James Scurlock (pictured to the left), received only a modest reception when it hit movie theaters in March, it was "right on the money" in depicting the country's debt crisis, as evidenced by recent troubles in the subprime loan market.  The CP&L blog has discussed "Maxed Out" on several occasions, including here and here.

Posted by Brian Wolfman on Thursday, August 16, 2007 at 08:09 AM in Book & Movie Reviews, Other Debt and Credit Issues, Predatory Lending | Permalink | Comments (6) | TrackBack (0)

Wednesday, August 15, 2007

The Problem of Undisclosed Conflicts in Arbitration

The New York Times has a story titled When Arbitrators Are Their Own Judges containing another anecdote about the perils of arbitration. In arbitration with his brokerage, a retiree discovered four days before his scheduled hearing that one member of the three-member panel had previously represented the  brokerage, as had other lawyers in his firm. Arbitrators are trusted to disclose conflicts of interests on their own initiative, but that does not always happen. 

Posted by Greg Beck on Wednesday, August 15, 2007 at 05:43 PM in Arbitration | Permalink | Comments (0) | TrackBack (0)

NPR Talks With CPSC Chair

NPR has been airing some excellent coverage lately about the toys-from-China safety scandal.  This morning, the Diane Rehm Show had a panel of guests to discuss the issue, including Nancy Nord, the Acting Chair of the Consumer Product Safety Commission, and U.S. PIRG's Ed Mierzwinski.   Nord also appeared for a story on NPR's Morning Edition.

Posted by Public Citizen Litigation Group on Wednesday, August 15, 2007 at 12:21 PM in Consumer Legislative Policy | Permalink | Comments (0) | TrackBack (0)

Information on Recalled Lead-Paint-Tainted Toys

Sargeaug152007 U.S. PIRG's consumer blog has collected this set of materials related to the massive recall of imported lead-paint-tainted toys.  PIRG's post includes information concerning the inability of the Consumer Product Safety Commission to protect us from dangerous products.  Check it out.

Posted by Brian Wolfman on Wednesday, August 15, 2007 at 11:29 AM in Consumer Legislative Policy | Permalink | Comments (1) | TrackBack (0)

New SSRN Consumer Law Abstracts Journal

I am pleased to announce that Deepak and I are editing a consumer law abstracts journal for SSRN.  You can subscribe to the journal by visiting www.ssrn.com.  For those who are not familiar with SSRN, authors post articles, book chapters, and other writings on  the SSRN web site and the various subject matter journals publish abstracts of the articles to alert those interested in a particular field to the availability of the publications.  We encourage you to submit your work to SSRN for inclusion in the journal at http://hq.ssrn.com/. 

Posted by Jeff Sovern on Wednesday, August 15, 2007 at 11:02 AM | Permalink | Comments (0) | TrackBack (0)

Monday, August 13, 2007

Arbitration Anecdote

Over at the excellent Credit Slips blog, Elizabeth Warren has an intriguing post titled "Arbitration First-Hand" about the efforts of an attorney in an arbitration to persuade the arbitrator to rule for his or her client when the creditor's attorney failed to show up or call in for the arbitration.

Posted by Jeff Sovern on Monday, August 13, 2007 at 03:14 PM in Arbitration | Permalink | Comments (0) | TrackBack (0)

Saturday, August 11, 2007

Protecting the Online Privacy of Children

Here is the abstract of an article on coordinating law and technology to protect the online privacy of children : 

At least two-thirds of children between the ages of 10
and 13 surf the Internet, MySpace has recorded more webpage views
than Ebay and Google combined, and the American Medical
Association has begun to advise parents about maintaining the
safety of their children online. The Internet brings rich content
to children and expands their horizons, but at the same time
creates dangers and risks to their privacy and well-being. In
2006, Xanga.com was fined $1 million by the Federal Trade
Commission for collecting information from children without
parental consent, in violation of the Children's Online Privacy
Protection Act (COPPA). The FTC has predicted since its COPPA
regulations in 2000 that technology would provide the answer to
protecting children online, yet no technology has emerged.
Clearly, Internet and communications technology have progressed
rapidly and significantly in over seven years, yet protection of
children's privacy seems to have been left behind. The authors
argue that it is possible, through the co-ordination of law and
technology, to facilitate a parent's protection of his or her
child in the online environment. The article briefly describes
POCKET (Parental Consent for Kids' Electronic Transactions), a
technology developed by the authors under a National Science
Foundation Cybertrust grant, to help protect children's privacy
online. The article concludes that the technology to protect
children that seemed so near when COPPA was initially adopted
should not be abandoned for less effective regulatory standards.

The article, titled "Pocket Protection," is by  France Belanger, Michael Hsiao, Jung-Min Park, all of Virginia Polytechnic Institute & State University, and is available at http://ssrn.com/abstract=1000427

Posted by Jeff Sovern on Saturday, August 11, 2007 at 08:24 PM in Internet Issues | Permalink | Comments (1) | TrackBack (0)

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