Law 285.4 (Mermin)
Fall 2015
Tues. 6:25 – 9:05 (Room 107)
The Law of Consumer Protection
Syllabus
(Version 1.0)
(Syllabus is subject to change at any time without notice to consumer.)
I.
Background: History, Theory, Constitution
Class 1 – August 25
Introduction to Consumer Protection Law. Consumer Law resources. The Museum of Fraud.
Class 2 – September 1
History of American Consumer Protection Law: The Reasonable Consumer.
From the Progressive Era through the New Deal and the Consumer Movement to Globalization
and the modern age. Printer’s Ink statutes and the curious tale of American regulation of
commercial advertising. The FTC Act (and its antecedents and descendants). A return visit to
the Museum of Fraud.
Class 3 – September 8
The First Amendment and Consumer Protection I
False Advertising, Commercial Speech, and the New Lochner Era. The First Amendment in the
marketplace: history, definitions, standards, directions.
Research papers: list of potential topics due today.
Class 4 – September 15
The First Amendment and Consumer Protection II
Compelled commercial speech.
Disclosures and Warnings. Government speech and its limits. Commercial speech and food,
beverage and tobacco marketing.
Topic for first paper distributed after class.
Law 285.4 (Mermin)
Fall 2015
Tues. 6:25 – 9:05 (Room 107)
II.
Problems (The Golden Fleece): Chicanery, Artifice & the Quest for the Last Dollar
Class 5 – September 22
Higher education. Private for-profit vocational schools. Student loans. The demise of Corinthian.
(Special guest: Robert Shireman, The Century Foundation)
NO CLASS TUESDAY, SEPTEMBER 29. (Instructor off gallivanting in Midwest.)
BUT: FIRST PAPER DUE (9:05 p.m. Tuesday, September 29th)
Class 6 – October 6
The Great Debate. (From the first paper.)
Predatory lending, mortgage fraud, mortgage relief fraud, foreclosure abuse.
(Special guest: Maeve Elise Brown, HERA)
Class 7 – October 13
Payment Systems. Consumer Financial Protection Bureau.
The Dodd-Frank Act, The Consumer Financial Protection Bureau, the Abusive Standard,
Prepaid Cards
(Special guest: Suzanne Martindale, Consumers Union)
Second papers: informal outlines (any reasonable form you choose), including The Question
Your Paper Will Answer, due Friday, Oct. 16 at 5:00 p.m.
Class 8 – October 20
Credit Cards and Debt Collection. PLUS: The California Legislative Process – a case study.
State and Federal Fair Debt Collection Practices Acts. Recent legislative measures.
(Special guest: Sharon Djemal, East Bay Community Law Center)
Second papers: formal outlines (I., A., 1., a., i., etc….) due Sunday, October 25, at 5:00 p.m.
SPECIAL Class 9 – October 23rd FRIDAY AFTERNOON SITE VISIT
(Berkeley Honda? 2:00 – 4:00)
Automobile Sales and Financing.
Warranties. Fair Credit Reporting.
(Special guest Elliot Conn, Kemnitzer, Barron & Krieg)
Law 285.4 (Mermin)
Fall 2015
Tues. 6:25 – 9:05 (Room 107)
III.
Remedies
Class 10 – October 27
Consumer class actions. Public actions.
Rule 23, CAFA, scrutiny of settlements, objectors, ascertainability, administration. Class
actions/public actions.
(Special guest: Kristen Law Sagafi, Tycko & Zavareei)
Early submission date for rough draft of research paper: Oct. 30 (encouraged, not required).
Class 11 – November 3
Arbitration.
Arbitration abuse. Class arbitration. AT&T v. Concepcion, American Express v. Italian Colors, &
spawn
Second papers: Complete first draft due Sunday, Nov. 8th at 5:00 p.m. (except by special
arrangement with The Mgmt.)
Class 12 – November 10
Preemption.
Consumer finance, tobacco, menu labeling, transportation, product safety….
Presentation of second papers. (Preliminary tranche.)
Class 13 – November 17
Presentations of second papers. (First Set.) (NOTE: Class may run late in order to give all a
chance to present their research.)
No Class – Week of November 24 (November Contemplation Break.)
Class 14 – December 1
Presentation of second papers. (Second Set.) (NOTE: Class may run late in order to give all a
chance to present their research.) Evaluations.
RESEARCH PAPERS DUE at 11:59 p.m. on Wednesday, December 2nd or – by special
arrangement with The Mgmt – Thursday, December 17th.