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Full-Text Articles in Consumer Protection Law
Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti
Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti
Seattle University Law Review
The scope of this Note focuses on whether the courts have adequately corrected the substantive failures of mandatory arbitration agreements when they permit consumers to prove prohibitive costs. Part II of this Note explores the origin and history behind the adoption of the FAA and the legislative desire to place parties of equal bargaining power in a position to arbitrate. Part III examines the acceptance of this defense in other jurisdictions. Part IV considers the Mendez case and analyzes Washington's newly adopted approach to invalidate mandatory arbitration clauses in consumer contracts. Part V illustrates the appropriateness of this defense and …
Automatic Consumer Protection Recovery Act For Lack Of Informed Consent: Quimby V. Fine, Dr. Carroll Rusk, Jr.
Automatic Consumer Protection Recovery Act For Lack Of Informed Consent: Quimby V. Fine, Dr. Carroll Rusk, Jr.
Seattle University Law Review
This Note will demonstrate the need to refine the entrepreneurial aspects test as it applies to medical professionals and suggest a rationale for identifying those lack-of-informed-consent actions to which the Consumer Protection Act rightfully applies. Specifically, this Note seeks to: 1) demonstrate that satisfaction of the statutory elements of a lack-of-informed-consent claim necessarily satisfies the five prongs of the Hangman private dispute test; 2) show that the additional requirement that the lack of informed consent "relate to the entrepreneurial aspects of the medical practice" has not been definitively interpreted, and that it may be unintelligible in context; 3) identify the …
Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff
Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff
Seattle University Law Review
In 1984, a Florida court of appeals held that the Florida statutes prohibiting insurance agents from rebating part of their commissions to customers violated the due process clause of the Florida Constitution. The court concluded that no rational relationship exists between the anti-rebate statutes and the legitimate state purpose of protecting the public. The Florida decision is noteworthy because every state prohibits insurance agents and brokers from rebating to their customers a part of the commission earned from the sale of an insurance policy. In addition, every state prohibits unfair discrimination in pricing insurance policies and prohibits agreements between agents …
On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey
On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey
Seattle University Law Review
This Note discusses first, whether the judicially created public interest element of a private consumer protection case can be justified by the language of the Consumer Protection Act and, second, assuming some justification for the element can be found, whether the public interest test, as delineated in Anhold v. Daniels and Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance Co. serves a purpose intended by the legislature.” This Note concludes that the public interest element is unnecessary because it hinders and often prevents consumer litigation of private damage actions under the Act. Moreover, the public interest element cannot be …