Category Archives: Consumer Law

Obar and Magalashvili, ‘The Clickwrap as Platform Governance: Assessing the Frequency of Manipulative Interface Designs During Digital Service Sign-Up’

ABSTRACT A clickwrap is a set of digital, on-screen prompts designed to facilitate online consent processes for digital services. The findings of this quantitative content analysis of clickwraps (n=50) suggest that it is a common user-interface feature during digital service sign-up. Furthermore, results identify similarities across the sample of social media, e-commerce, and brick-and-mortar services […]

‘New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34’

“The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (‘the Regulations’) …” (more) [UK Supreme Court Blog, 30 […]

Biard and Kramer, ‘The EU Directive on Representative Actions for Consumers: A Milestone or Another Missed Opportunity?’

ABSTRACT Collective redress has been on the EU civil justice agenda for a long time, and has triggered considerable debate as a result of the complexity of the matter and the hugely diverging approaches in the Member States. The 2013 Recommendation on collective redress was the result of compromises, and up until now it has […]

Marco Farina, ‘Unfair Terms and Supplementation of the Contract’

ABSTRACT Article 6, paragraph 1 of Directive 1993/13/EEC provides that unfair terms shall not be binding, whereas the contract shall continue to bind the parties with regards to the terms that can still be effective. Such a rule pursues the particular interest of the consumer, along with the more general interest towards an efficient and […]

Sandra Booysen, ‘Trade Practices, Contract Doctrine and Consumer Protection’

ABSTRACT Trade practices that are certain, notorious and reasonable will bind a contracting party who is ignorant of the practice. This article analyses these three criteria and reconciles them with contract doctrine. It argues that each of the criteria serves an important function in balancing the interests of contracting parties, and achieving an objectively fair […]

Tania Pantazi, ‘Regulating short-term rentals: Joined cases C-724/18 and C-727/18 Cali Apartments

ABSTRACT The increase in short-term rentals via online platforms has captured the attention of scholars and regulators. Short-term letting is now considered a considerable alternative to traditional tourist accommodation contracts, challenging matters such as conditions in the housing market and consumer protection. Online platforms, such as Airbnb, Booking.com, Expedia and Tripadvisor, now provide offers for […]

Manwaring, Kemp and Nicholls, ‘(mis)Informed Consent in Australia’

ABSTRACT … It is clear that consumers expect the law to protect them when it comes to how data is collected, shared and used. This report explores the notion of ‘informed consent’ in relation to commercial dealings with consumer data and its effectiveness to appropriately protect individuals under the law in Australia. It discusses aspects […]

Ghodoosi and Sharif, ‘Justice in Arbitration: The Consumer Perspective’

ABSTRACT Purpose: Arbitration – a binding private third-party adjudication – has been the primary legal way for resolution of consumer disputes. Consumers, however, rarely use arbitration to resolve their disputes while evidence suggests that their disputes remain unresolved. Contrary to the current prevailing emphasis on who’s winning in arbitration, our study establishes that consumers believe […]

Keith Anderson, ‘To Whom Do Victims of Mass-Market Consumer Fraud Complain?’

ABSTRACT Utilizing data from surveys of mass-market consumer fraud sponsored by the Federal Trade Commission in 2005, 2011, and 2017, this paper explores whether victims of such mass-market consumer frauds complain to anyone beyond their families and friends about being victimized, and if they do complain, to whom they complain. It also explores whether victims […]

Iris H-Y Chiu, ‘More paternalism in the regulation of consumer financial investments? Private sector duties and public goods analysis’

ABSTRACT Paternalistic forms of regulation for the retail investment market have been gradual and restrained, even though significant gaps exist between investors’ needs and market-based provision. As ordinary citizens reckon with a variety of savings needs and become financial citizens responsible for their own financial welfare provision, financial health is not merely an issue of […]