Underneath All Are the Contracts

Ralph Nader explains the problem with standard form contracts and introduces faircontracts.org.

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More Than You Wanted To Know

More Thank You Wanted to Know:  The Failure of Mandated Disclosure By Omri Ben-Shahar and Carl E. Schneider (Princeton Press 2014)Omri Ben-Shahar, the Leo and Eileen Herzel Professor of Law at the University of Chicago, and Carl E. Schneider, the Chauncey Stillman Professor of Law and professor of Medicine at the University of Michigan, have…

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Federal Legislation to Ban Contracts with Nondisparagement Clauses

H.R. 5499 Federal Legislation to Ban Contracts with Non-Disparagement Clauses On September 16, two members of Congress from the California delegation (Rep. Eric Swalwell and Rep. Brad Sherman) introduced “The Consumer Review Freedom Act,” H.R. 5499, to ban nondisparagement clauses in consumer contracts.  Scott Michelman writes here at the Consumer Law and Policy Blog that…

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California Bans Non-Disparagement Contract Clauses that Prohibit Consumers from Criticizing Goods or Services

California Bans Non-Disparagement Contract Clauses that Prohibit Consumers from Criticizing Businesses in the Sale or Lease of Goods or Services In a preemptive strike to prevent litigation against consumers for their free speech rights, California passed a model consumer ban against “gag”provisions in contracts that limit consumers from criticizing a business (its employees or agents)…

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Professor Nancy S. Kim on Here & Now talks to Jeremy Hobson about online “Wrap Contracts”

Professor Nancy S. Kim on Here & Now talks to Jeremy Hobson about online “Wrap Contracts”   On August 6, 2014, Professor Nancy S. Kim discussed here “What Are You Agreeing To In Online Contracts.”   She mentions Faircontracts.org midway through the piece (3.46) and what consumers should look out for in online terms. 

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The Courthouse Doors Are Shutting Because of Forced Arbitration

The Courthouse Doors Are Shutting Because of Forced Arbitration Lina Khan in the Washington Monthly, here, and Herman Schwartz, in The Nation, here, both have great articles explaining how consumers are being shut out of court because of the fine print in standard form contracts.  The Supreme Court is allowing forced pre-dispute arbitration clauses to…

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Contracts Law Prof Blog on Facebook’s “Creepy” Study

Contracts Law Prof Blog on Facebook’s “Creepy Experiment” On the Contracts Law Prof Blog are these interesting posts by the moderators discussing whether Facebook legally has the right to conduct an experiment wherein it researches its users’ moods by manipulating the contents of their newsfeeds.  Professor Nancy S. Kim, author of Wrap Contracts, Foundations and…

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Comedian John Oliver on the Fine Print

Comedian John Oliver earlier this month delivered an epic rant on net neutrality and cable companies controlling the FCC that culminated in an exhortation for Internet “monsters,” amongst others, to direct their rage by sending comments to the FCC.   Though he called it “cable company f*ckery,” at about minute ten he notes how the fine…

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Can You Lose Your Right to Get Another Job in Your Industry in the Fine Print?

Can You Lose Your Ability to Take Another Job in Your Industry in the Fine Print? Yes.  Veteran consumer reporter Bob Sullivan explains the hazards of signing away your livelihood potential for some period of time in the “non-compete” clauses of the fine print.  The New York Times wrote and editorialized about these this week. …

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Banking on the Fine Print — House Briefing June 10, 2014

Banking on the Fine Print — House Briefing, June 10, 2014 Public Citizen, Public Justice, NACA, AARP, and Citizen Works presented at a briefing, hosted by U.S. Representative Hank Johnson, on H.R. 4734, a bill labeled as the “Bureau Arbitration Fairness Act.” The bill should not to be confused with the Arbitration Fairness Act Rep. Johnson…

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The Social Network Show on KDWN Presents Professor Nancy Kim on Wrap Contracts

The Social Network Show on KDWN Presents Professor Nancy Kim on Wrap Contracts Listen to Professor Nancy S. Kim, author of Wrap Contracts, discuss here on this May 4, 2014 KDWN clip on what can be done to design better online contracts.  

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