Safeguarding Consumers' Financial Data


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Democracy Declined


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As Elizabeth Warren memorably wrote, “It is impossible to buy a toaster that has a one-in-five chance of bursting into flames and burning down your house. But it is possible to refinance an existing home with a mortgage that has the same one-in-five chance of putting the family out on the street.” More than a century after the government embraced credit to fuel the American economy, consumer financial protections in the increasingly complex financial system still place the onus on individuals to sift through fine print for assurance that they are not vulnerable to predatory lending and other pitfalls of consumer financing and growing debt. In Democracy Declined, Mallory E. SoRelle argues that the failure of federal policy makers to curb risky practices can be explained by the evolution of consumer finance policies aimed at encouraging easy credit in part by foregoing more stringent regulation. Furthermore, SoRelle explains how angry borrowers’ experiences with these policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals—they threaten the stability of entire economies. SoRelle identifies pathways to mitigate these potentially disastrous consequences through greater public participation.




Watchdog


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Every day across America, consumers face issues with credit cards, mortgages, car loans, and student loans. When they are cheated or mistreated, all too often they hit a brick wall against the financial companies. People are fed up with being run over by big corporations, and few have the resources or expertise to fight back on their own. It is no wonder consumers feel powerless: they are outgunned every step of the way. Since 1970, the financial industry has doubled in size. It is the biggest source of campaign contributions to federal candidates and parties, spending about $1 billion annually on campaigns and another $500 million on lobbying. The four biggest banks each now has more than $1 trillion in assets. Financial products have become a mass of fine print that consumers can hardly even read, let alone understand. Growing problems in the increasingly one-sided finance markets blew up the economy in 2008. In the aftermath, Congress created the Consumer Financial Protection Bureau. Sharing the stories of individual consumers, Watchdog shows how the Bureau quickly became a powerful force for good, suing big banks for cheating or deceiving consumers, putting limits on predatory lenders, simplifying mortgage paperwork, and stepping in to help solve problems raised by individual consumers. It tells a hopeful story of how our system can be reformed by putting government back on the side of the people, to strengthen our families, safeguard the marketplace, and establish a new baseline of fairness in our democratic society.










The Proposed Consumer Financial Protection Agency


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H.R. 3997, Financial Data Protection Act of 2005


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Data Protection and the Consumer


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A Commercial Law of Privacy and Security for the Internet of Things


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In the Internet of Things (IoT) era, online activities are no longer limited to desktop or laptop computers, smartphones and tablets. Instead, these activities now include ordinary tasks, such as using an internet-connected refrigerator or washing machine. At the same time, the IoT provides unlimited opportunities for household objects to serve as surveillance devices that continually monitor, collect and process vast quantities of our data. In this work, Stacy-Ann Elvy critically examines the consumer ramifications of the IoT through the lens of commercial law and privacy and security law. The book provides concrete legal solutions to remedy inadequacies in the law that will help usher in a more robust commercial law of privacy and security that protects consumer interests.