Consumer Protection Law Commons^™

Data Privacy Issues In West Virginia And Beyond: An Overview, Jena Martin

Law Faculty Scholarship

Work on the first edition of this white paper originally began in February 2019. The final results were published in February 2021 and was originally entitled Data Privacy Issues in West Virginia and Beyond: A Comprehensive Overview. In the almost three and a half years since that work was commissioned, the landscape of data privacy and its attendant technologies has grown so significantly that I no longer feel comfortable in calling any paper that discusses these issues comprehensive. Indeed, when engaging with experts, insiders, and consumers, the one common theme that seems to now permeate this work is its vastness …

Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock

West Virginia Law Review

No abstract provided.

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 …