The New York Times Pays Attention to the Fine Print

By / February 17, 2019 / Comments Off on The New York Times Pays Attention to the Fine Print

The New York Times Pays Attention to the Fine Print The New York Times‘ editorial board asked: “If no one reads the terms and conditions, how can they continue to be the legal backbone of the internet?”  See “How Silicon Valley Puts the ‘Con’ in Consent” here.  

Before Being Filmed, Read the Fine Print!

By / September 23, 2018 / Comments Off on Before Being Filmed, Read the Fine Print!

Before Being Filmed, Read the Fine Print! The New York Times ran a piece on August 19, 2018 entitled “Sacha Baron Cohen Pranked Me, Can I Sue?  Yes. Win? Not So Much,” about the difficulty in winning a lawsuit for those who have already signed away their legal rights in advance through a fine print…

Consumer Review Fairness Act Protects Free Exchange of Consumer Feedback Online

By / April 29, 2018 / Comments Off on Consumer Review Fairness Act Protects Free Exchange of Consumer Feedback Online

In an era when online ratings and reviews can make or break a business, maintaining a sterling online image can be crucial. So crucial, in fact, that over the past few years many businesses have introduced “non-disparagement” clauses into the form contracts that make up their sales agreements. These clauses prohibit buyers from expressing negative…

Big Banks are Hiding Behind Credit Unions to Get Away with Forced Arbitration

By / October 20, 2017 / Comments Off on Big Banks are Hiding Behind Credit Unions to Get Away with Forced Arbitration

“Given the popularity of small banks and credit unions — which are among the very few financial institutions consumers view favorably — it’s no wonder the bigger banks want lawmakers to think they’re ideologically aligned with the little guy.  But the truth is far different.”  Read more of Paul Bland, executive director at Public Justice here on how Big…

Tort Law and Mass Deception by Fine Print

By / October 20, 2017 / Comments Off on Tort Law and Mass Deception by Fine Print

Tort Law and Mass Deception by Fine Print Margaret Jane Radin   About 5 years ago, Katie, my niece, wanted to take Audrey, her then-3-year-old daughter, to a birthday party being held at a children’s recreation facility.  In order for Audrey to attend, Katie was required to sign a fine-print form.  Among other things, the…

Nancy Kim’s Wrap Contracts Symposium

By / June 9, 2015 / Comments Off on Nancy Kim’s Wrap Contracts Symposium

Nancy Kim’s Wrap Contracts Symposium is published in the Southwestern Law Review’s Spring 2014 Issue, Volume 44, Number 2.   The entire issue is devoted to commentary on her book Wrap Contracts: Foundations and Ramifications (2013).  She argues that the digital form of online contract affects not only process, but substance.      

Contract Reform Team Submits Comments to the CFPB on Student Loans

By / January 18, 2012 / Comments Off on Contract Reform Team Submits Comments to the CFPB on Student Loans

DePaul University College of Law Student Sarah Moravia Submits Contract Reform Team Comments on Student Loan Provisions to the Consumer Financial Protection Bureau

Affinity Organizations and Credit Cards – A sample study: AAA, AARP, AFL-CIO

By / July 27, 2010 / Comments Off on Affinity Organizations and Credit Cards – A sample study: AAA, AARP, AFL-CIO

Affinity Organizations Contractual Comparisons 1.  Introduction             Affinity organizations present a unique issue in the field of contracts.  Affinity organizations are defined as typically non-profit organizations which offer their subscribing members benefits such as discounts to partnering businesses such as insurance companies and retail stores.1  These organizations may cater to a specific demographic (e.g. AARP),…

Synopses and Links to Major Federal Consumer Protection Statutes

By / July 5, 2010 / Comments Off on Synopses and Links to Major Federal Consumer Protection Statutes

THE FEDERAL TRADE COMMISSION             The main consumer protection entity within the federal government is the Federal Trade Commission, or FTC. The FTC promotes consumer protection through its Bureau of Consumer Protection, which enforces federal consumer affairs laws and rules that the FTC itself creates. The FTC’s Bureau of Consumer Protection also educates consumers and…

Gift Card Summary (12 09)

By / July 5, 2010 / Comments Off on Gift Card Summary (12 09)

Gift cards are now regulated under the CARD Act, which will limit gift card fees and expiration dates.  Federal law currently preempts state attempts to regulate the terms of national bank issued gift cards.  However, the Federal Circuit Courts of Appeal are divided on whether states may regulate non-bank retailers that sell gift cards as…