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Full-Text Articles in Law
Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock
Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock
West Virginia Law Review
No abstract provided.
Terms Of Injustice, Przemyslaw Palka
Terms Of Injustice, Przemyslaw Palka
West Virginia Law Review
Terms of Service (ToS) of online platforms often contain Consumer Unfriendly Terms (CUTs). The CUTs encompass clauses limiting consumers’ rights in dispute resolution, limitations on remedies, and corporations’ rights to unilaterally modify the service, delete users’ content, and benefit from their data. The ToS resemble the offline “boilerplate” but, given the context of their functioning—digital capitalism—they also exhibit some critical differences, rendering the context-specific analysis necessary.
This Article argues that the continued toleration of the CUTs is undesirable on economic and democratic grounds. In digital capitalism, online platforms often enjoy a (quasi-)monopolistic position. Further, they can (factually and legally) collect …