Underneath All Are the Contracts
Ralph Nader explains the problem with standard form contracts and introduces faircontracts.org.
Latest News
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…
Surprise! Congress failed to address Facebook’s fundamental flaw
Of all the things Mark Zuckerberg said this week before Congress, I found this the most incredulous: “I would hope that what we do with data is not surprising to people.” Everyone is surprised when they find out what Facebook does with data. I’ve been writing about data hacks and privacy for more than a…
Gift cards cards are safer, but not safe, and rebate cards are tricky — 30 Days of Gotchas
Complicated rebates have largely disappeared. They still appear in major appliance purchases, however. (NOTE: This is a free excerpt from my new book: Gotcha Capitalism, 10 years later. A lot has happened in the world of credit cards since 2008. It’s fun to look back….) Gift cards could be pretty diabolical when they burst onto…
D.C. Circuit Court Upholds Constitutionality of CFPB’s Single-Director Structure
The D.C. Circuit Court of Appeals has determined that the Consumer Financial Protection Bureau’s current single-director structure is constitutional. In a reversal of an earlier ruling, the decision preserves the current structure of the agency, protecting the CFPB director from removal by the President without cause. PHH Mortgage Corp., a lending company that was…
As airline profits soar, hidden fees and other Gotchas are still OK, administration says
“Passengers still have to go searching for airfares with a calculator in one hand, and that’s how the airlines like it.” — Chrisopher Elliot of consumer travel site Elliot.org. The Trump administration just helped kill some price tags. That’s bad for consumers, but good for huge, monopolistic airlines. The main thesis behind Gotcha Capitalism is…
Sneaky fee alert: ‘Urban Destination Charge’ added to hotels just in time for the holidays
Move over, resort fees. There’s a new enemy in your quest to get a good deal on a hotel room: The “urban destination charge.” Travelers cramming into New York City to catch a glimpse of the famous Christmas tree outside Rockefeller Center are now getting hit with a relatively new $25-$35 fee, several outlets have…
Senate spits at consumers; ending ban on lawsuit fine print a gift to banks
While you were busy worrying about health insurance premiums and perhaps Donald Trump’s latest Tweet, the U.S. Senate spat in the face of American consumers this week. In a 50-50 vote that required Vice President Mike Pence to break the tie, the Senate voted to nullify a pro-consumer rule that was more than a decade…
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
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
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.