Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms,
2020
Seattle University School of Law
Revisiting The Enforceability Of Online Contracts: The Need For Unambiguous Assent To Inconspicuous Terms, Tom Mozingo
Seattle University Law Review
In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of “browse-wrap” contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an “I agree” button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution,
2020
Seattle University School of Law
Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard
Seattle University Law Review
Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …
Demystifying Unconscionability: An Historical And Empirical Analysis,
2020
University of Oklahoma College of Law
Demystifying Unconscionability: An Historical And Empirical Analysis, Brian Mccall
Faculty Articles
The doctrine of unconscionability is encrusted with myths. First year law students are taught that the doctrine was created in the twentieth century. Unconscionability is often presented as a novel one, born in the Uniform Commercial Code’s adoption of Section 2-302 in the mid-twentieth century. Even those scholars who are willing to look a bit further afield than the twentieth century for the origins of the unconscionability doctrine typically only reach the mid eighteenth century. In addition to myths surrounding its origin, the doctrine has been presented as a dangerously vague and imprecise concept. Commentators and scholars have likewise characterized …
Why The Vppa And Coppa Are Outdated: How Netflix, Youtube, And Disney+ Can Monitor Your Family At No Real Cost,
2020
University of Georgia School of Law
Why The Vppa And Coppa Are Outdated: How Netflix, Youtube, And Disney+ Can Monitor Your Family At No Real Cost, Anna O’Donnell
Georgia Law Review
Video-streaming services like Netflix, YouTube, and Disney+
dominate the current media landscape. This Note explains why
current laws likely cannot effectively prevent these streaming
services from collecting and sharing users’ private information.
The Video Privacy Protection Act (the VPPA) contains language
that has baffled courts when applying its text to streaming
services, resulting in multiple circuit splits. The Children’s
Online Privacy Protection Act (COPPA) has a clearer
application to streaming services, yet its enforcement has
resulted in small settlements with companies that have been
charged with collecting children’s private information. Both the
VPPA and COPPA need to be updated to …
Planting The Seed: A Proposal For A Farm Operation Test Under The Fsma Produce Safety Rule,
2020
Vermont Law School
Planting The Seed: A Proposal For A Farm Operation Test Under The Fsma Produce Safety Rule, Sophia Kruszewski, Samuel Ingraham
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The American Law Institute's Unsound Bid To Reinvent Contract Law In The Proposed Restatement Of The Law, Consumer Contracts,
2020
Loyola University Chicago, School of Law
The American Law Institute's Unsound Bid To Reinvent Contract Law In The Proposed Restatement Of The Law, Consumer Contracts, Christopher E. Appel
Loyola Consumer Law Review
No abstract provided.
The Restatement Of The Law Of Consumer Contracts: The American Law Institute's Impossible Dream,
2020
Georgia State University College of Law
The Restatement Of The Law Of Consumer Contracts: The American Law Institute's Impossible Dream, Mark E. Budnitz
Loyola Consumer Law Review
No abstract provided.
Ideology, Coercion, And The Proposed Restatement Of The Law Of Consumer Contracts,
2020
Chicago-Kent College of Law
Ideology, Coercion, And The Proposed Restatement Of The Law Of Consumer Contracts, Nancy S. Kim
Loyola Consumer Law Review
No abstract provided.
Limits Of Assent In Consumer Contracts: A (Regulatory) View From The South,
2020
Universidad de Chile School of Law
Limits Of Assent In Consumer Contracts: A (Regulatory) View From The South, Nicolas Rojas Covarrubias
Loyola Consumer Law Review
The Restatement of the Law Consumer Contracts project has proved to be controversial. The current published draft of the Restatement diminishes the role of assent as a fundamental element to determine the content of an agreement, limiting its influence to the "core deal terms" and accepting that proper notice and reasonable opportunity to review proposed standard terms (pre or post transaction) is enough to adopt them as part of the contract. This has been questioned from empirical and normative perspectives, being qualified as detrimental to consumers' rights. In fact, the draft proposal actually incurs in the same defect that it …
The Need For Reform: Discharging Student Loan Debts In Bankruptcy Proceedings Under The Brunner Test,
2020
Loyola University Chicago School of Law
The Need For Reform: Discharging Student Loan Debts In Bankruptcy Proceedings Under The Brunner Test, Jacob M. Kupferman
Loyola Consumer Law Review
No abstract provided.
Table Of Contents,
2020
Loyola University Chicago, School of Law
Table Of Contents, Loyola Consumer Law Review
Loyola Consumer Law Review
No abstract provided.
The General Data Protection Regulation And California Consumer Privacy Act: The Economic Impact And Future Of Data Privacy Regulations,
2020
Loyola University Chicago, School of Law
The General Data Protection Regulation And California Consumer Privacy Act: The Economic Impact And Future Of Data Privacy Regulations, Christopher Bret Alexander
Loyola Consumer Law Review
No abstract provided.
Privacy Or Protection: The Catch-22 Of The Ccpa,
2020
University of San Diego School of Law
Privacy Or Protection: The Catch-22 Of The Ccpa, Diane Y. Byun
Loyola Consumer Law Review
On June 28, 2018, the California Legislature passed the nation's strictest data privacy law, the California Consumer Privacy Act of 2018 ("CCPA"). Although effective January 1, 2019, the provisions of the CCPA did not become operative until January 1, 2020. The CCPA enforces compliance obligations on any business that collects covered personal information about California residents ("Consumers") and exceeds one of three thresholds: (i) annual gross revenues of $25 million, (ii) collection of personal information for commercial purpose of 50,000 or more covered consumers, or (iii) 50% or more annual revenue from selling Consumers' personal information. This low threshold demonstrates …
Algorithms Take Flight: Modern Pricing Algorithms' Effect On Antitrust Laws In The Aviation Industry,
2020
Loyola University Chicago, School of Law
Algorithms Take Flight: Modern Pricing Algorithms' Effect On Antitrust Laws In The Aviation Industry, David Krieghbaum Jr.
Loyola Consumer Law Review
What happens when an inevitable moving force collides with an immovable object? Either the force finds a way around the object or the object must adapt to contain the force. Over a century has passed since the federal government passed the Sherman Act, Clayton Act, and Federal Trade Commission Act. As times change, the three reigning laws have had very little reform. Federal antitrust laws remain immovable through the past century as civilization has made astounding advancements. The advancement of technology in business is inevitably becoming a large part of how corporations are securing advantages against their competition. Artificial intelligence …
The Pallone-Thune "Traced Act": Expanding Consumer Protection In The Fight Against Robocalls,
2020
Loyola University Chicago, School of Law
The Pallone-Thune "Traced Act": Expanding Consumer Protection In The Fight Against Robocalls, Caitlin Figueroa
Loyola Consumer Law Review
No abstract provided.
Collective Preclusion And Inaccessible Arbitration: Data, Non-Disclosure, And Public Knowledge,
2020
Yale Law School
Collective Preclusion And Inaccessible Arbitration: Data, Non-Disclosure, And Public Knowledge, Judith Resnik, Stephanie Garlock, Annie J. Wang
Lewis & Clark Law Review
When courts enforce mandates to arbitrate, jurists describe themselves as respecting the individuals’ autonomy to enter into contracts that route claimants to a process that is more user-friendly than adjudication. But those rationales are disjunctive with the practices of providers of goods and services and of employers. These companies neither offer individuals choices about dispute resolution mechanisms nor welcome the exchange of information about experiences with arbitration. Instead, companies impose obligations to arbitrate and set the terms. In addition to the increasingly commonplace bans on joint and collective actions in any forum, many providers and employers also seek to mandate …
Holding Oregon Benefit Companies Accountable For Greenwashing And Faux Csr,
2020
Lewis & Clark Law School
Holding Oregon Benefit Companies Accountable For Greenwashing And Faux Csr, Sophia Von Bergen
Lewis & Clark Law Review
The notion of corporate social responsibility (CSR) has gained popularity in recent years with both consumers and businesses, leading to Oregon and currently 35 other states adopting benefit company statutes that allow companies to elect status as a benefit corporation. CSR, however, can be marred by what is known as “greenwashing” and “faux CSR,” which occur when a company falsely claims that it engages in environmentally friendly or socially responsible practices to boost sales or improve its brand. Oregon’s benefit company statute contains features designed to protect against greenwashing and faux CSR, but the statute’s accountability mechanisms are lackluster. Enforcement …
Shadow Credit And The Devolution Of Consumer Credit Regulation,
2020
University of New Mexico School of Law
Shadow Credit And The Devolution Of Consumer Credit Regulation, Nathalie Martin, Lydia Pizzonia
Lewis & Clark Law Review
Shadow credit is trending. Shadow credit has all the essential attributes of regular credit except that it is unregulated. It operates in a world in which products and services that look, act, and feel like credit products are deemed to be something that is not actually credit. This legal sidestep is accomplished either by passing industry-friendly legislation or by tweaking the shadow credit product just enough to not be defined as credit, but “something else.” That “something else” is often called a “lease,” an “advance,” or in the case of After- pay, simply a “service.” At its essence, however, it …
The Specific Consumer Expectations Test For Product Defects,
2020
Vanderbilt University
The Specific Consumer Expectations Test For Product Defects, Clayton J. Masterman, W. Kip Viscusi
Indiana Law Journal
In this Article, we propose that courts adopt an amended version of the consumer expectations test that we call the “specific consumer expectations test.” The specific consumer expectations test would apply to any product or product component for which consumers have clear, articulable ex ante expectations about the function of the product. Under the specific consumer expectations test, a defendant is liable if consumers expected such a product to reduce a particular risk, and the product in fact increased that risk. Similarly, if a product was intended to convey a particular benefit, but in fact harmed consumers along the same …
