Category Archives: Consumer Law

‘Vast Scale Undue Influence’

Jamie Luguri and Lior Strahilevitz, ‘Shining a Light on Dark Patterns’, 13 Journal of Legal Analysis 43 (2021). Each time we browse the web, we are steered into making dubious contracts. A common example is digital platforms’ pressure that users click to ‘ACCEPT ALL COOKIES.’ Web designers not only make the ‘accept’ button the most […]

Christian Twigg-Flesner, ‘Who Knows What the Future Holds? The Fate of the EU’s Acquis in English Contract Law’

ABSTRACT This contribution considers the fate of the EU’s contract law acquis communautaire (primarily the consumer contract law acquis) within English Contract Law, following the completion of the United Kingdom’s withdrawal from the European Union in 2020 (‘Brexit’). Withdrawal did not result in the instant deletion of all traces of EU law from domestic law; […]

‘American Law Institute Approves Restatement of Consumer Contracts Law’

“After an eleven year process, the American Law Institute (ALI) approved the Restatement of Consumer Contracts Law. Congratulations to Reporters, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler for their success in shepherding the document through the process …” (more) [Jeremy Telman, ContractsProf Blog, 19 May]

Nicholas Felstead, ‘Beyond Unconscionability: Exploring the Case for a New Prohibition on Unfair Conduct’

ABSTRACT Consumer Affairs Australia and New Zealand conducted a wholesale review of the Australian Consumer Law in 2017. Despite calls for the introduction of an ‘unfair conduct’ prohibition, the review found that a change to the current prohibition on ‘unconscionable conduct’ was unnecessary in light of the statutory prohibition evolving from its equitable origins. The […]

Nataliia Filatova, ‘Once Again Platform Liability: On the Edge of the Uber and Airbnb Cases’

ABSTRACT Online platforms are considered as very powerful economic agents often tending to obtain oligopolistic or even monopolistic positions in the market. In this respect, the liability of platform operators has been constantly discussed among scholars. The sharpest issue in this respect is whether the platform operator may be held liable towards a platform customer […]

Wiśniewski, Oleksiuk and Iwanowska, ‘Privacy of European Citizens in the Face of the Development of New Data-Driven Business Models’

ABSTRACT The main objective of the paper is to identify the imbalance between the right to privacy and the business objectives of entities creating new Data-Driven Business Models (DDBMs) of consumers (EU citizens). Information about the consumer and their characteristics has nowadays become a service or market commodity thanks to which new economic processes, based […]

Christiane Wendehorst, ‘Consumer Contracts and the Internet of Things’

ABSTRACT The Internet of Things (IoT) is a current buzzword. It describes the network of physical devices of any kind (cars, TV sets, watches, garments, food packaging, etc), which are embedded with electronics, software, sensors, and network connectivity to enable them (i) to collect and exchange data (ii) to be uniquely identifiable and addressable and/or […]

‘New clarifications on information rules in the Consumer Credit Directive: the CJEU in Volkswagen Bank

“In September 2021 the CJEU delivered an important judgment on the interpretation of the creditor’s duty to inform and the associated consumer’s right of withdrawal in Directive 2008/48/EC. Unfortunately, the judgment took a while to be published in English, and therefore we only managed to create this note now. The judgment remains relevant, also in […]

Janek Tomasz Nowak, ‘Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles?’

ABSTRACT The paper analysis to which extent the public policy exception from the Brussels Ibis Regulation may limit the effectiveness of cross-border collective redress in Europe. Nowak, Janek Tomasz, Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? (2020) in The 50th Anniversary of the European Law of Civil Procedure, […]

Catherine Sharkey, ‘Products Liability in the Digital Age: Online Platforms as “Cheapest Cost Avoiders”’

ABSTRACT Products liability in the digital age entails reckoning with the transformative shift away from in-person purchases from brick-and-mortar stores toward digital purchases from e-commerce platforms. The epochal rise of the online storefront has vastly expanded the prevalence of direct-to-consumer sales, implicating a panoply of potential harms to consumers and raising the question of how […]