Category Archives: Consumer Law

‘Foreseeability and controllability of strikes – CJEU in Airhelp (C-28/20)’

“On 23 March 2021 the CJEU issued its judgment in the case Airhelp (C-28/20), interpreting provisions of Regulation 261/2004 on air passenger rights. Specifically, this judgment confirms that in most cases the airlines will not be able to invoke strikes (industrial actions) as an extraordinary circumstance that would release them from their obligation to pay […]

Medina and Negrin, ‘The Hidden Role of Contract Terms: Evidence from Credit Card Minimum Payments in Mexico’

ABSTRACT This paper argues that thresholds in financial contracts act as implicit nudges in consumers’ decisions. Exploiting a regulatory change to credit card minimum payments in Mexico, we find that a one percentage point change in minimum payments, leads to a 0.87 pp change in actual payments, both expressed as a percentage of total balances. […]

Emily Walsh, ‘What’s law got to do with it? Is consumer law the solution to problems faced by student tenants?’

ABSTRACT This paper examines the extent to which law and regulation protects students renting from private individuals or private companies, as opposed to universities, in both of the main types of student accommodation, the private rented sector (PRS) and purpose-built student accommodation (PBSA). It first examines the different problems faced by students in both tenure […]

Gustavo Alza, ‘Blockchain and CCPA’

ABSTRACT Privacy laws and blockchain technology have been around for over a decade; however, each continues to evolve and adapt to new technological capabilities and realities. As users and jurisdictions have recognized an individual’s rights to privacy, entrepreneurs, engineers, and businesspeople have continued to develop and enhance blockchain technology. Today, blockchain technology not only transfers […]

‘A Broader Look at Privacy Remedies’

“Divisions over private right of action and federal preemption have long gridlocked efforts to enact federal consumer privacy legislation. Cameron Kerry and John Morris have outlined nuanced proposals for resolving both issues here on Lawfare (private right of action and preemption) and in their longer Brookings Institution report with Caitlin Chin and Nicol Turner Lee […]

Babette Boliek, ‘Upgrading Unconscionability: A Common Law Ally for a Digital World’

ABSTRACT To work, go to school, shop and even to communicate with each other, Americans live by the terms of myriad tech company contracts. Indeed, any time someone presses the ‘I agree’ button that pops up on a website – the clicking of which is required to continue on – they have entered into such […]

Steve Hedley, ‘Two laws of contract, or one?’

ABSTRACT Over the course of the 20th century, contract law has flowed in two streams: a ‘private law’ stream which emphasises private intention and fidelity to a bargain struck, and a ‘public regulation’ stream which emphasises public benefit and community values. The incompatibility between the two has always been clear to those who look, but […]

Call for Papers: ‘Regulation of abusive informal debt collection practices – could the Scandinavian model serve as a model for EU regulation?’: University of Copenhagen, 3 September 2021

The conference will gather a strong core of highly accomplished scholars and practitioners whose experience in financial services and consumer law enables them to address one of the more important challenges of our time: providing an adequate level of consumer protection against abusive IDCPs, without hindering the right of creditors to recover their debts. The […]

Francisco de Elizalde, ‘Control of Price Related Terms in Standard Form Contracts: Spain’

ABSTRACT The purpose of this paper is to analyse whether Private law could determine the fate of the Circular Economy. The article will first assess the legal relationship that the service creates between the supplier and the consumer. This relationship establishes a contractual bond in which the quality of performance is at stake. Next, the […]

Rachael Mulheron, ‘Creating, and Distributing, Common Funds Under the English Representative Rule’

“In his claim against Google LLC (‘Google’) for data infringement on behalf of millions of Apple iPhone users, Richard Lloyd has fashioned a ground-breaking and laudatory attempt to obtain modest, yet meaningful, damages for each class member. Mr Lloyd is using the English representative rule (contained in CPR 19.6) to do so, given the continuing […]