Category Archives: Consumer Law

‘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 […]

Katz and Zamir, ‘Do People Like Mandatory Rules? The Choice between Disclosures, Defaults, and Mandatory Rules in Supplier-Customer Relationships’

ABSTRACT In recent years, numerous empirical studies have examined the prevailing attitudes toward nudges, but hardly any have examined the prevailing attitudes toward mandatory rules. To fill this gap, this article describes five studies (N=3,103) – mostly preregistered studies conducted with representative samples of the US population – which tested people’s attitudes toward mandatory rules […]

Nikita Aggarwal, ‘The Norms of Algorithmic Credit Scoring’

ABSTRACT This article examines the growth of algorithmic credit scoring and its implications for the regulation of consumer credit markets in the UK. It constructs a frame of analysis for the regulation of algorithmic credit scoring, bound by the core norms underpinning UK consumer credit and data protection regulation: allocative efficiency, distributional fairness and consumer […]

Nikita Aggarwal, ‘The New Morality of Debt’

ABSTRACT Increased datafication of debt raises ethical questions and calls for a new approach to regulating lending. Aggarwal, Nikita, The New Morality of Debt (March 1, 2021). Volume 58(1) Finance and Development.

Schäfer and Wulf, ‘Consumers’ Right to Early Repayment of Mortgage Loans in the EU-Member States, a Case of Misguided Consumer Protection’

ABSTRACT Consumer protection shifts risks from consumers to businesses. This raises marginal costs and equilibrium prices. It is justified when markets are not strong enough to allocate contractual risks or accident risks efficiently, especially in cases of severe asymmetric information between suppliers and consumers. Consumer protection can then increase the consumer’s welfare from a contract. […]