Because the ALI Consumer Contracts Restatement plus grading hasn't given me enough to do this week, I thought I would gin up some brief comments on the CFPB's proposed repeal of the Payday Rule. My comments are here.
I did a podcast for the Consumer Finance Monitor Podcast about the American Law Institute's Consumer Contracts Restatement project. It's not often that you will see me on the same side of an issue as the podcast's host, Alan Kaplinsky, an attorney at Ballard Spahr who represents financial services firms.
More problems are emerging with the legal research underlying the American Law Institute's Consumer Contracts Restatement project. The Consumer Contracts Restatement has been the subject of scholarly criticism for a while because of its novel quantitative empirical approach (case counting). The Restatement stands on six empirical studies of consumer contracts.
As Credit Slips readers know, I've been fighting the American Law Institute's Consumer Contracts Restatement project for several years. I think it started with good intentions, but it's unfortunately turned into a remarkably anti-consumer project.
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