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Articles 2641 - 2670 of 4085

Full-Text Articles in Consumer Protection Law

The Strategy Of Boilerplate, Robert B. Ahdieh Mar 2006

The Strategy Of Boilerplate, Robert B. Ahdieh

Faculty Scholarship

Boilerplate can be exciting. It is this, perhaps hard-to-swallow, proposition that the present analysis attempts to convey. Particularly in invoking the work of Thomas Schelling on the role of focal points in coordination games, it offers what can be characterized as a "strategic" theory of boilerplate, in which boilerplate plays an active, even aggressive, role.

Contrary to the relatively inert quality of boilerplate implied by conventional treatments in the legal literature, boilerplate may serve essential signaling and coordination functions in contract bargaining. In appropriate circumstances, its proposed usage may be a valuable weapon in the arsenal of a bargaining party, …


Online Boilerplate: Would Mandatory Website Disclosure Of E-Standard Terms Backfire?, Robert A. Hillman Mar 2006

Online Boilerplate: Would Mandatory Website Disclosure Of E-Standard Terms Backfire?, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Toward A New Model Of Consumer Protection: The Problem Of Inflated Transaction Costs, Jeff Sovern Mar 2006

Toward A New Model Of Consumer Protection: The Problem Of Inflated Transaction Costs, Jeff Sovern

William & Mary Law Review

Contrary to the predictions of conventional economic theory, firms often benefit by increasing consumer transaction costs. Firms do so by, for example, obscuring contract terms in a variety of ways, such as providing them after the contract is agreed to, enclosing them with other more interesting information, using small print, and omitting important terms such as arbitration fees from the written contract. Firms also benefit by taking advantage of predictable consumer behaviors, such as the tendency of consumers not to seek rebates, to overload when provided with too much information, and to ignore dull information when overshadowed by vivid information. …


One-Sided Contracts In Competitive Consumer Markets, Lucian A. Bebchuk, Richard A. Posner Mar 2006

One-Sided Contracts In Competitive Consumer Markets, Lucian A. Bebchuk, Richard A. Posner

Michigan Law Review

The usual assumption in economic analysis of law is that in a competitive market without informational asymmetries, the terms of contracts between sellers and buyers will be optimal-that is, that any deviation from these terms would impose expected costs on one party that exceed benefits to the other. But could there be cases in which "one-sided" contracts containing terms that impose a greater expected cost on one side than benefit on the other-would be found in competitive markets even in the absence of fraud, prohibitive information costs, or other market imperfections? That is the possibility we explore in this Article.


Online Boilerplate: Would Mandatory Website Disclosure Of E-Standard Terms Backfire?, Robert A. Hillman Mar 2006

Online Boilerplate: Would Mandatory Website Disclosure Of E-Standard Terms Backfire?, Robert A. Hillman

Michigan Law Review

A law backfires when it produces results opposite from those its drafters intended. Lots of laws may have backfired. For example, people opposed to hate crimes legislation think that the laws "inflame prejudice rather than eradicate it." The Endangered Species Act, according to some analysts, has helped destroy rather than preserve the creatures listed by the Act. Even consumer protection laws, some believe, increase prices and confuse consumers instead of protecting them. This Article analyzes whether mandatory website disclosure of standard terms, advocated by some as a potential solution to market failures when consumers contract over the Internet, is another …


The Return Of Bargain: An Economic Theory Of How Standard-Form Contracts Enable Cooperative Negotiation Between Businesses And Consumers, Jason Scott Johnston Mar 2006

The Return Of Bargain: An Economic Theory Of How Standard-Form Contracts Enable Cooperative Negotiation Between Businesses And Consumers, Jason Scott Johnston

Michigan Law Review

Among attorneys, judges, and legal academics, there is virtual consensus that the widespread use by business firms of standard-form contracts in their dealings with consumers has completely eliminated bargaining in consumer contracts. I believe that this perception is false, that rather than precluding bargaining and negotiation, standard-form contracts in fact facilitate bargaining and are a crucial instrument in the establishment and maintenance of cooperative relationships between firms and their customers. On this view, which I elaborate below, firms use clear and unconditional standard form contract terms not because they will insist upon those terms, but because they have given their …


"Contracting" For Credit, Ronald J. Mann Mar 2006

"Contracting" For Credit, Ronald J. Mann

Michigan Law Review

On a recent day, I used my credit cards in connection with a number of minor transactions. I made eight purchases, and I paid two credit card bills. I also discarded (without opening) three solicitations for new cards, balance transfer programs, or other similar offers to extend credit via a credit card. Statistics suggest that I am not atypical. U.S. consumers last year used credit cards in about 100 purchasing transactions per capita, with an average value of about $70. At the end of the year, Americans owed nearly $500 billion dollars, in the range of $1,800 for every man, …


The Boilerplate Puzzle, Douglas G. Baird Mar 2006

The Boilerplate Puzzle, Douglas G. Baird

Michigan Law Review

The warranty that comes with your laptop computer is one of its many product attributes. The laptop has a screen of a particular size. Its microprocessors work at a particular speed, and the battery lasts a given amount of time between recharging. The hard drive has a certain capacity and mean time to failure. There is an instruction manual, online technical support (or lack thereof), and software. Then there are the warranties that the seller makes (or does not make) that are also part of the bundle. Just as I know the size of the screen, but nothing about the …


The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat Mar 2006

The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat

Michigan Law Review

Standard-form contracts offered to consumers contain numerous terms and clauses, most of which are ancillary to the main terms of the transaction. We call these ancillary terms "boilerplate provisions." Since most consumers do not read boilerplate provisions or, if they do, find them hard to understand, courts are suspicious of boilerplate provisions and sometimes find them unenforceable under the doctrine of unconscionability. At times, courts conclude that harsh terms have not been accepted by consumers in the first place and therefore are not included in the contract, and on other occasions courts interpret boilerplate provisions in favor of consumers, applying …


Contra Proferentem: The Allure Of Ambiguous Boilerplate, Michelle E. Boardman Mar 2006

Contra Proferentem: The Allure Of Ambiguous Boilerplate, Michelle E. Boardman

Michigan Law Review

Bad boilerplate can shake one' s faith in evolution; not only does it not die away, it multiplies. The puzzle is why. Much of boilerplate is ambiguous or incomprehensible. This alienates consumers and is i ncreasingly punished by courts construing the language against the drafter. There must, therefore, be some hidden allure to ambiguous boilerplate. The popular theory is trickery: drafters lure consumers in with promising language that comes to nothing in court. But this trick would require consumers to do three things they do not do-read the language, understand it, and take comfort in it. There is a hidden …


Subprime Lending, Suboptimal Bankruptcy: A Proposal To Amend §§ 522(F)(1)(B) And 548(A)(1)(B) Of The Bankruptcy Code To Protect Subprime Mortgage Borrowers And Their Unsecured Creditors, R. Stephen Painter Jr. Jan 2006

Subprime Lending, Suboptimal Bankruptcy: A Proposal To Amend §§ 522(F)(1)(B) And 548(A)(1)(B) Of The Bankruptcy Code To Protect Subprime Mortgage Borrowers And Their Unsecured Creditors, R. Stephen Painter Jr.

Loyola University Chicago Law Journal

No abstract provided.


Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman Jan 2006

Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman

Faculty Publications

No abstract provided.


Deceptive Claims For Prepaid Telephone Cards And The Need For Regulation, Mark E. Budnitz, Martina Rojo, Julia Marlowe Jan 2006

Deceptive Claims For Prepaid Telephone Cards And The Need For Regulation, Mark E. Budnitz, Martina Rojo, Julia Marlowe

Loyola Consumer Law Review

No abstract provided.


Supreme Court Unknots Tying Presumptions, Ryan Eddings Jan 2006

Supreme Court Unknots Tying Presumptions, Ryan Eddings

Loyola Consumer Law Review

No abstract provided.


Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark Jan 2006

Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark

UIC Law Review

No abstract provided.


Does Ballet Discipline Require More Than Market Discipline? - A Proposal For State Licensing Of Ballet Instructors And Schools, Vanina Wilson, Dennis Wilson Jan 2006

Does Ballet Discipline Require More Than Market Discipline? - A Proposal For State Licensing Of Ballet Instructors And Schools, Vanina Wilson, Dennis Wilson

Loyola Consumer Law Review

No abstract provided.


Infringement Lawsuits: The Continuing Battle Between Patent Law And Antitrust Law In The Pharmaceutical Industry, Lisa M. Natter Jan 2006

Infringement Lawsuits: The Continuing Battle Between Patent Law And Antitrust Law In The Pharmaceutical Industry, Lisa M. Natter

Loyola Consumer Law Review

No abstract provided.


Usda Upset With Dairyman's Low Prices, Ryan Eddings Jan 2006

Usda Upset With Dairyman's Low Prices, Ryan Eddings

Loyola Consumer Law Review

No abstract provided.


Fcc Endorses A La Carte Menu Cable, Ryan Eddings Jan 2006

Fcc Endorses A La Carte Menu Cable, Ryan Eddings

Loyola Consumer Law Review

No abstract provided.


Guarding Against The High Risk Of High Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden Jan 2006

Guarding Against The High Risk Of High Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden

Loyola Consumer Law Review

No abstract provided.


Ticket Scalping: Same Old Problem With A Brand New Twist, Jonathan Bell Jan 2006

Ticket Scalping: Same Old Problem With A Brand New Twist, Jonathan Bell

Loyola Consumer Law Review

No abstract provided.


Lead Paint May Be Next Asbestos, Tobacco, Ryan Eddings Jan 2006

Lead Paint May Be Next Asbestos, Tobacco, Ryan Eddings

Loyola Consumer Law Review

No abstract provided.


The Irony Of Transparency: Unintended Consequences Of Wireless Truth-In-Billing, Jerry Ellig, James N. Taylor Jan 2006

The Irony Of Transparency: Unintended Consequences Of Wireless Truth-In-Billing, Jerry Ellig, James N. Taylor

Loyola Consumer Law Review

No abstract provided.


Court Turns Lights Out On "Light" Cigarette Packaging, Jeremy Lamarche Jan 2006

Court Turns Lights Out On "Light" Cigarette Packaging, Jeremy Lamarche

Loyola Consumer Law Review

No abstract provided.


Identity Theft And Consumer Protection: Finding Sensible Approaches To Safeguard Personal Data In The United States And Canada, Kamaal Zaidi Jan 2006

Identity Theft And Consumer Protection: Finding Sensible Approaches To Safeguard Personal Data In The United States And Canada, Kamaal Zaidi

Loyola Consumer Law Review

No abstract provided.


Disparate Impact, Federal/State Tension, And The Use Of Credit Scores By Insurance Companies, Ian O'Neill Jan 2006

Disparate Impact, Federal/State Tension, And The Use Of Credit Scores By Insurance Companies, Ian O'Neill

Loyola Consumer Law Review

No abstract provided.


The Law And Economics Of Hoarding, Keith Sharfman Jan 2006

The Law And Economics Of Hoarding, Keith Sharfman

Loyola Consumer Law Review

No abstract provided.


Seeking Cheaper Alternatives To Prescription Drugs North Of The Border, Jeremy Lamarche Jan 2006

Seeking Cheaper Alternatives To Prescription Drugs North Of The Border, Jeremy Lamarche

Loyola Consumer Law Review

No abstract provided.


Improving The Rolling Contract, Stephen E. Friedman Jan 2006

Improving The Rolling Contract, Stephen E. Friedman

American University Law Review

This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at …


The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg Jan 2006

The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg

UIC Law Review

No abstract provided.