[20190613]LSB10239_提前同意输？规范判决自白的法律思考.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Agreeing in Advance to Lose? Legal Considerations in Regulating Confessions of Judgment Updated June 13, 2019 UPDATE 6/13/19: Since the initial publication of this Sidebar, multiple governmental entities have expressed interest in examining confessions of judgment. First, the House Committee on Small Business has scheduled a hearing to explore “the legalities of the practice, its use, and impact on small business borrowers.” As of the date of this update, the hearing is scheduled for Wednesday June 26, 2019, at 11:30 AM, in Rayburn 2360. Secondly, the Commissioner of the Federal Trade Commission (FTC) and the Director of the FTCs Bureau of Consumer Protection (Director) indicated last month that the FTC is examining the practice of creditors utilizing confessions of judgment in small business lending transactions. The Director suggested that, depending on the results of the FTCs inquiry, the agency might consider promulgating new regulations or initiating enforcement actions. 15 U.S.C. 57a(a)(1)(B) authorizes the FTC to promulgate “rules which define with specificity acts or practices wh