Using Surveys In Consumer Finance Litigation

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The authors consider how surveys can help address key issues regarding consumer financial decision-making in litigation and regulatory enforcement matters.

Various indicators suggest a substantial increase in litigation and regulatory enforcement regarding consumer financial products in 2021 and the years ahead. Tools that allow assessment of consumer behavior, such as surveys, can play an important role in these matters. For example, when used appropriately, surveys can provide useful insights into consumer decision-making regarding financial products or consumers’ understanding of financial disclosures.

There are several different survey designs that can potentially be used in consumer finance litigation to assess the extent of heterogeneity across putative class members and/or to evaluate whether the alleged at-issue conduct affected consumers’ decision-making. In this article, authors Shaama Pandya, Alan Potter, and Ashish Pradhan discuss two types of surveys: Purchase Reasons Surveys and A/B Test Surveys.

This article was originally published by Law360 in March 2021.


The views expressed in this article are solely those of the authors, who are responsible for the content, and do not necessarily represent the views of Cornerstone Research.

Using Surveys In Consumer Finance Litigation

Authors

  • Washington

Shaama Pandya

Principal

  • New York

Alan F. D. Potter

Associate

  • Los Angeles

Ashish A. Pradhan

Vice President