Consumer Law & Policy Blog

« July 2008 | Main | September 2008 »

Monday, August 25, 2008

Call for Papers for Consumer Journal (Nigeria)

We received this call for papers: Papers are invited for the 4th edition of the Consumer Journal, a publication of the Consumer Awareness Organisation, a non-governmental organisation based in Nigeria. Interested contributors should send their papers to the address below for assessment and possible publication. Contributors are free to discuss any issue relating to consumer protection including statutory enactments; landmark judicial decisions; activities of regulatory agencies; health-related issues; industry codes of practice; consumer dispute resolution schemes; and indeed, any other contemporary issue of consumer protection.

A submission must be an original and unpublished work of the contributor and should contain detailed references of all material reproduced or adapted. A soft copy of the paper typeset on Microsoft Word should be submitted by e-mail attachment to Dr. Felicia Nwanne Monye, Faculty of Law, University of Nigeria, Enugu Campus, Nigeria. E-mail: caorgn@yahoo.com. The deadline for submission is 30 November 2008.

Posted by Jeff Sovern on Monday, August 25, 2008 at 09:17 PM in Consumer Law Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 20, 2008

Public Citizen wins a big preemption decision

by Steve Gardner

Chicken Since no one at Public Citizen has posted a comment about the big win yesterday (August 19,2008, for those reading this post from far in the future) in the Third Circuit, I'll do so myself.

Brian Wolfman and Adina Rosenbaum at Public Citizen, working with private lawyer Khalid Elhassan, won an important preemption victory in the Third Circuit, in a class action where the defendant claimed preemption by the FDA's decision not to regulate.

Increasingly, given the brazen pleasuring of big businesses that is the second highest priority of the Bush Administration (and I’ll let y’all decide on the tip-top highest priority), companies have urged courts to find implicit preemption in the FDA’s complete and utter complicity of silence in failing to discharge its legal duties to the consuming public.

It worked in the district court, but the Third Circuit roundly rejected this theory.

Makes sense—it’s might hard for a vacuum to occupy any field!

It is a sad fact that this argument gets any traction at all.

After all, inaction by the FDA should not be surprising, given that it has its hands full in failing to protect us all from food-borne illnesses.

The full opinion is worth a read.

If that's too much trouble, you can read a good story about it in The Legal Intelligencer.

And, if that's too much trouble, go take a nap. You will have to ask the FDA officials to move to another corner of the bed, but if you say that you are with a big company, they will scoot across like little puppies.

Posted by Steve Gardner on Wednesday, August 20, 2008 at 05:20 PM in Preemption | Permalink | Comments (2) | TrackBack (0)

Monday, August 18, 2008

Lauren E. Willis on Financial Literacy Education

Many of us were fortunate enough to hear Lauren E. Willis's talk on financial literacy education at the AALS conference in January.  Those who weren't there or who want to know more can read her article, "Against Financial Literacy Education," 94 Iowa L. Rev. (2008).  Here's the abstract:

The dominant model of regulation in the United States for consumer credit, insurance, and investment products is disclosure and unfettered choice. As these products have become increasingly complex, consumers' inability to understand them has become increasingly apparent, and the consequences of this inability more dire. In response, policymakers have embraced financial literacy education as a necessary corollary to the disclosure model of regulation. This education is widely believed to turn consumers into "responsible" and "empowered" market players, motivated and competent to make financial decisions that increase their own welfare. The vision is of educated consumers handling their own credit, insurance, and retirement planning matters by confidently navigating the bountiful unrestricted marketplace.

Although the vision is seductive, promising both a free market and increased consumer welfare, the predicate belief in the effectiveness of financial literacy education lacks empirical support. Moreover, the belief is implausible, given the velocity of change in the financial marketplace, the gulf between current consumer skills and those needed to understand today's complex non-standardized financial products, the persistence of biases in financial decisionmaking, and the disparity between educators and financial services firms in resources with which to reach consumers.

Harboring this belief may be innocent, but it is not harmless; the pursuit of financial literacy poses costs that almost certainly swamp any benefits. For some consumers, financial education appears to increase confidence without improving ability, leading to worse decisions. When consumers find themselves in dire financial straits, the regulation through education model blames them for their plight, shaming them and deflecting calls for effective market regulation. Consumers generally do not serve as their own doctors and lawyers and for reasons of efficient division of labor alone, generally should not serve as their own financial experts. The search for effective financial literacy education should be replaced by a search for policies more conducive to good consumer financial outcomes.

Posted by Jeff Sovern on Monday, August 18, 2008 at 10:27 PM in Consumer Law Scholarship | Permalink | Comments (8) | TrackBack (0)

Sunday, August 17, 2008

Times Reports on Home Equity Loans, Countrywide Litigation, Subprime Borrowers, and More

Another roundup of article in recent issues of the Times: Friday's Times brought another important installment in "The Debt Trap" series, this one headlined "Home Equity Frenzy Was a Bank Ad Come True," about how banks reframed second mortgages--once seen as a product for those experiencing dire financial problems--as home equity loans.  These loans were presented as ways to use the home as a source of funds for "living richly," and thereby vastly increased consumer indebtedness and reduced the amount of equity Americans have in their homes. 

Today's Times includes Bob Tedeschi's Mortgages column, "Finding Cash in a Home," about an alternative to reverse mortgages which cuts down on the normally high closing costs for reverse mortgages--but because the lender takes out a life insurance policy on the owner, only owners eligible for life insurance can take advantage of it.  In an August 3 column titled "Subprime Loans' Wide Reach," Tedeschi reported on a study by Compliance Technologies that contradicted standard wisdom about subprime loans:

WHILE subprime loans deeply penetrated low-income and minority groups, a new study suggests that more upper-income borrowers and more whites took out such loans than any other groups.

* * * [R]oughly 56 percent [of subprime loans originated in 2006] went to non-Hispanic whites. Affluent borrowers, those with annual income at least 120 percent of their given area’s median income, meanwhile, took out more than 39 percent of the loans.

That seems like a rather low definition of affluent.

Yesterday's Times reported "Judge Rejects Countrywide Settlement" about how a bankruptcy judge rejected the settlement between Countrywide and nearly 300 of its borrowers, saying he wasn't convinced it was fair to the borrowers.  The complaint charges Countrywide with making inaccurate claims, and demanding improper fees, among other things.  Meanwhile, back on August 7, the Times noted that "Connecticut Joins Other States in Suing Countrywide."

On Wednesday, the Times published a short but ominous-sounding piece, "Some New York Loans Shunned," at the tail of a longer article.  Here's an excerpt:

Freddie Mac said Tuesday that it would stop buying subprime loans issued in New York State as a new law takes effect that holds investors accountable for mortgage fraud.

Freddie will not buy loans dated on or after Sept. 1 that meet the state’s subprime definition, the government-chartered company said in a lender bulletin on its Web site. Gov. David A. Paterson of New York signed new foreclosure and lending laws last week that tighten legal protections for borrowers.

The legislation holds mortgage buyers like Freddie liable in ways that “we have no way of monitoring and preventing,” Brad German, a company spokesman, said.

It's not clear how many such loans would be made even if Freddie Mac was willing to buy them: the state law will almost certainly be preempted as to federal lenders, and in the past, lenders have tended to avoid loans labeled as high-interest loans, thus making mini-HOEPA laws effectively usury statutes. 

On Monday the Times ran "Web Privacy on the Radar in Congress," about behavioral marketing.  An excerpt:

On Aug. 1, four top members of the House Committee on Energy and Commerce sent letters ordering 33 cable and Internet companies, including Google, Microsoft, Comcast and Cox Communications, to provide details about their privacy standards. That followed House and Senate hearings last month about privacy and behavioral targeting, in which advertisers show ads to consumers based on their travels around the Web. * * *

As advertisers become more sophisticated about behavioral targeting, and online privacy standards become increasingly varied, regulators and privacy advocates are becoming concerned. A few companies have taken precautionary measures to try to fend off criticism; in the last few days, for instance, both Yahoo and Google have made it easier for people to opt out of targeted ads on their sites. But that may not be enough.

“Some type of omnibus electronic privacy legislation is needed,” said Representative Edward J. Markey, Democrat of Massachusetts, chairman of the House Subcommittee on Telecommunications and the Internet, “regardless of the particular technologies or companies involved.”

Back on August 6, the Times ran an editorial,"Listen to the 56,000," about the response to the Fed's call for comments on its proposed rules on credit cards.  Excerpts:

This anguished deluge should send a clear message to leaders in Washington. The Federal Reserve should swiftly adopt its proposed rules against unfair or deceptive credit card practices. But the real burden to curb these abuses falls on Congress.

For too long, members of Congress have shirked the responsibility to ensure fair lending to credit card customers and have listened more intently to the banking lobbyists. A low point came in 2005, when Congress passed a bankruptcy law that was badly tilted against borrowers. * * *

Ronald Mann, a Columbia Law School professor, has argued that the law creates a “sweat box of credit card debt.” 

The editorial also noted that the House Financial Services Committee had voted for a cardholder's bill of rights, but that banks oppose it.

Moving right along, here is an article about deceptive advertising of "free" credit reports that end up costing money.  And finally, an article that may scare some, "If You Run a Red Light, Will Everyone Know?" reports on a web site, www.CriminalSearches.com that enables people to conduct free searches to see who has a criminal record.

Posted by Jeff Sovern on Sunday, August 17, 2008 at 08:04 PM in Foreclosure Crisis, Internet Issues, Other Debt and Credit Issues, Preemption, Privacy, Unfair & Deceptive Acts & Practices (UDAP) | Permalink | Comments (3) | TrackBack (0)

Friday, August 15, 2008

Why the FTC may be showing signs of life

Two days ago, August 13, two big deals happened about Airborne, the fake cold remedy. First, the FTC filed its settlement with Airborne before the same California federal judge where a class action lawsuit brought by CSPI and other lawyers (Jeff Fazio, Dina Micheletti, and Melissa Harnett) was awaiting court approval. Second, the court entered its order approving our class action settlement. As a result, Airborne's ripped-off customers stand to get back up to about $27,000,000 in refunds. And any leftovers don't go back to Airborne!

I posted a comment to Google about how nice it is to see the FTC doing a good job. Rather than repeat myself, you can read it online.

Posted by Steve Gardner on Friday, August 15, 2008 at 06:19 PM in Food and Nutrition | Permalink | Comments (2) | TrackBack (0)

Thursday, August 14, 2008

Bankruptcy Filings Up

Credit Slips's Bob Lawless is reporting that bankruptcy filings in July 2008 were their highest since Congress's passage of the 2005 bankruptcy "reform" legislation.

Posted by Brian Wolfman on Thursday, August 14, 2008 at 09:58 AM | Permalink | Comments (0) | TrackBack (0)

Annual Rate of Consumer Price Inflation Highest in 17 1/2 Years

Images Despite their large impact on consumers, we usually don't report on monthly consumer price, unemployment, or other statistics concerning the health of the U.S. (or world) economy. But today's monthly consumer price index figures for July seem noteworthy because the monthly increase was double what had been predicted by economists (.8% actual vs. .4% predicted). The annual rate of inflation measured from last July to this July was 5.6%, the largest annual gain since way back in January 1991. The large increase was led by rapidly rising food and energy prices, both of which are often volatile and thus not considered part of the "core" rate of inflation (which rose from last month at a rate of only .3%). Read the Washington Post story here.

Posted by Brian Wolfman on Thursday, August 14, 2008 at 09:41 AM | Permalink | Comments (1) | TrackBack (0)

Wednesday, August 13, 2008

Paper on Whether Consumers Learn to Avoid Triggering Credit Card Fees

Sumit Agarwal, John C. Driscoll, both of the Fed, Xavier Gabaix of NYU's Stern School, and David Laibson of Harvard's Economics Department have written "Learning in the Credit Card Market."  Here's the abstract:

Agents with more experience make better choices. We measure learning dynamics using a panel with four million monthly credit card statements. We study add-on fees, specifically cash advance, late payment, and overlimit fees. New credit card accounts generate fee payments of $15 per month. Through negative feedback - i.e. paying a fee - consumers learn to avoid triggering future fees. Paying a fee last month reduces the likelihood of paying a fee in the current month by about 40%. Controlling for account fixed effects, monthly fee payments fall by 75% during the first three years of account life. We find that learning is not monotonic. Knowledge effectively depreciates about 10% per month, implying that learning displays a strong recency effect.

Posted by Jeff Sovern on Wednesday, August 13, 2008 at 11:04 PM in Consumer Law Scholarship, Other Debt and Credit Issues | Permalink | Comments (0) | TrackBack (0)

Ohio Payday Lenders Caught Lying in Ballot Initiative Signature Drive

by Christopher Peterson

Yesterday Ohio Public Radio ran a story exposing fraudulent ballot initiative practices used by the Ohio payday lending industry in its campaign to remove the state's new usury limit. The story, available here, features audio clips of paid signature gatherers falsely claiming that the proposed measure would lower interest rates, rather than raise them.  The story also reports that payday lending industry representatives have been paying homeless persons cash in exchange for signing the petitions needed to get the initiative on state ballots.

Consumer law and policy blog readers may recall that the Ohio Legislature recently re-imposed a traditional usury limit of 28% per annum on consumer loans made by non-depository lenders.  This traditional usury limit removed a payday lending authorization statute that had previously allowed interest rates of about 390%. Now Ohio payday lenders are putting all their financial muscle behind a last ditch effort to save Ohio's usurious lending industry.

Interestingly, a spokesperson for the industry refused to commit to removing signatures from ballot petitions that were obtained through fraudulent representations about the effect of the initiative.

Posted by Christopher Peterson on Wednesday, August 13, 2008 at 08:23 PM | Permalink | Comments (10) | TrackBack (0)

Globalization and the Beaujolais

By Alan White
Beaujolais0001
Beaujolais wine, pressed from Gamay grapes grown on the hills above the Saone valley, has never had the pretention of its neighboring Burgundy Pinot Noirs to the North or Rhone Grenache/Syrahs to the south. In its heyday it was the wine of the Paris bistrot, served by the glass to accompany a steack Bercy or saucisse frites. Beaujolais had a burst of popularity in the 1980s when fashionable London and New York restaurants raced to serve the first Nouveau of the harvest. In those days the vignerons planted every available hillside, even on the North slopes usually reserved for cow pastures.

Lately Beaujolais has not been selling well.

Continue reading "Globalization and the Beaujolais" »

Posted by Alan White on Wednesday, August 13, 2008 at 05:38 AM in Global Consumer Protection | Permalink | Comments (1) | TrackBack (0)

« More Recent | Older »