CreditSlips

Welcome to Lauren Willis

02/12/13

We're very excited to have Lauren Willis of Loyola Law School, Los Angeles, join us as a guest blogger. We have been trying to find a mutually convenient time for months, and schedules finally aligned. Professor Willis is perhaps best known for being a skeptic of the Pollyannish view that consumer education always helps, a topic on which she has published a series of articles.

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When Nudges Fail: Slippery Defaults

02/12/13

Now that my last few posts have bludgeoned consumer financial education and at least bloodied disclosure, and given that my suggestion of comprehension requirements is completely untested as a means of consumer protection for financial products, what about “nudges

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Disclosure 3.0: Making Disclosure Smarter

02/12/13

What if, instead of making the consumer smarter or the disclosures more comprehensible, as discussed in my last several posts, we made financial product disclosures smarter?

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Putting Disclosure to the Test: User Comprehension Requirements

02/12/13

Given the limitations of Disclosure 2.0 and Disclosure 2.5 I described in my last posts, what is to be done? To answer this question, we might first ask what financial product disclosure is attempting to achieve. Although disclosure has several aims, one is consumer comprehension to the degree necessary to enable good decisions. Disclosure rules require particular information to be imparted, often in a specified format.

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Fair Lending Law Developments

02/12/13

Race -it continues to determine the availability and the price of credit, and particularly home financing, as each annual release of the Home Mortgage Disclosure Act data reminds us.

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Which Consumer Financial Education Programs Are Most Effective?: Assuming a Fact Not in Evidence

02/12/13

Thank you to the Credit Slips team for inviting me to guest blog.  First I must warn the reader that I am not a real blogger (I’m a bit of a Luddite - I don’t even have a smartphone).  But I’m going to join the 21st Century for a bit here.  Over the next couple of weeks I’ll be sharing my thoughts and some recent research pertinent to modes of consumer financial protection, from financial literacy education to policy defaults to product regulation.  As some of you already know, I have been critical of all of these.  But here I will also sug

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Apologies for Bankruptcy

02/08/13

My colleague, Jennifer Robbennolt, and I have posted a paper to SSRN exploring apologies in the bankruptcy context. Jennifer has done some of the leading studies on apologies in different legal contexts. Contrary to the instincts of many lawyers, apologies tend to produce better outcomes for defendants. For example, victims who hear an apology are less likely to feel they need to invoke legal process and are generally more amenable to settlements.

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A Change in Name and More

02/07/13

Some recent moves in the Senate Judiciary Committee should be of interest to bankruptcy specialists.  The committee has approved a new subcommittee to be called "Bankruptcy and the Courts" with Senator Chris Coons of Delaware as the subcommittee chair. The new subcommittee is essentially a name change from the old "Administrative Oversight and the Courts" subcommittee, which also had jurisdiction over bankruptcy matters.

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Challenge to CFPB Authority

01/31/13

In the wake of the D.C. Circuit's decision striking down recess appoints, Carter Dougherty at Bloomberg reports what may be the first example of a defendant raising the CFPB's lack of authority as a defense in an enforcement proceeding. Stay tuned.

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Baseball Contract Liabilities: A-Rod?

01/30/13

It's with a bit of Schadenfreude that a White Sox fan like me reads about the NY Yankees being straddled with A-Rod's bloated contract. (Remember, A-Rod was one of the largest unsecured creditors of the Texas Rangers.) But I can't help but wonder if there isn't a legal out for the Yankees. 

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