agency regulation – University of Baltimore Law Review

Buy Now, Pay Later, Regulate Never: The CFPB’s Failed Attempt to Govern BNPL Lending

*Colin Livingston I. Introduction “Buy now, pay later” programs have quickly become a popular interest-free credit option, with disproportionately high use “among financially vulnerable consumers.”[1] Retailers offer these programs “through payment platforms like Afterpay, Klarna, and Affirm[,]” allowing consumers to pay for “online or in-store purchases. . . [through] installments over a short period” ofContinue reading “Buy Now, Pay Later, Regulate Never: The CFPB’s Failed Attempt to Govern BNPL Lending”

Fishing, Forum Shopping, and Forgetting Chevron

*Lauren Evers I. Introduction Under the Chevron doctrine, courts were required to uphold a federal agency’s interpretation of law under a two-step framework.[1] First, the context of a statute was examined to see if Congress expressed clear intent in creating the statute.[2] If the statute’s intent was clear, the agency was obligated to follow theContinue reading “Fishing, Forum Shopping, and Forgetting Chevron”