Category Archives: Consumer Law Scholarship

Article finds benefits from California law requiring disclosure of chemicals causing cancer

Claudia Polsky of Berkeley and Megan Schwarzman of Berkeley's School of Public Health have written The Hidden Success of a Conspicuous Law: Proposition 65 and the Reduction of Toxic Chemical Exposures, 47 Ecology Law Quarterly, (Forthcoming 2021). Here is the abstract: Newcomers to California could be forgiven for thinking they have crossed into treacherous terrain. By virtue […]

Becher & Sibony paper: the law and policy of product obsolescence

Shmuel I. Becher of Victoria University of Wellington and Anne-Lise Sibony of UCLouvain; TILEC have written In Search of a Lasting Lightbulb Moment: The Law and Policy of Product Obsolescence. Here's the abstract: Firms frequently employ various strategies that make products obsolete after a relatively short time or limited usage (“product obsolescence”). Early product obsolescence harms […]

David Berman critique of consumer advocates’ advocacy against the proposed Restatement of the Law of Consumer Contracts

David Berman has written A Critique of Consumer Advocacy Against the Restatement of the Law of Consumer Contracts, 54 Columbia Journal of Law & Social Problems. Here is the abstract: In May 2019, the American Law Institute proposed adopting a Restatement of the Law of Consumer Contracts. In it, the Restatement’s Reporters suggested a “grand […]

Sheldon Evans paper on loot boxes

My colleague, Sheldon Evans of St. John's, has written Pandora's Loot Box. Here's the abstract: Virtual worlds are a frontier unlike any other. But as virtual worlds grow exponentially in the internet age, they find more overlap with the real world and the laws that govern it. One such emerging intersection is the advent of […]

Dee Pridgen article critiques the ALI’s proposed Restatement of the Law of Consumer Contracts

Dee Pridgen of Wyoming has written ALI's Restatement of the Law of Consumer Contracts: Perpetuating a Legal Fiction? 32 Loyola Consumer Law Review No. 3, (2020). Here's the abstract: The American Law Institute’s proposed Restatement of the Law of Consumer Contracts has undergone a lengthy process of drafts and discussions, but the road to completion has […]

Benoliel & Becher paper on form contracts that allow firms to end contracts without explanation

Uri Benoliel of Ramat Gan Law School and Shmuel I. Becher of Victoria University of Wellington have written Termination Without Explanation Contracts. Here is the abstract: Firms routinely terminate their contractual relationship with consumers. During 2019-2020, for example, Facebook terminated 5.4 billion accounts that were supposedly fake; WhatsApp announced that it is terminating 2 million […]

FTC Commissioner Chopra & Samuel Levine: why the FTC should resurrect its penalty offense authority

FTC Commissioner Rohit Chopra and his attorney-advisor Samuel A.A. Levine have wiritten The Case for Resurrecting the FTC Act’s Penalty Offense Authority. Here is the abstract: This article details why the Federal Trade Commission should resurrect one of the key authorities it abandoned in the 1980s: Section 5(m)(1)(B) of the FTC Act, the Penalty Offense […]

Widman article examines whether state agencies changed their UDAP enforcement in the age of Trump

Amy Widman of Rutgers has written Protecting Consumer Protection: Filling the Federal Enforcement Gap, 69 Buffalo Law Review __ (2021) (Forthcoming). Here is the abstract:  Since 2014, when a first-of-its-kind empirical study looked at how public enforcers use their authority under UDAP laws, the enforcement landscape has changed. Most notably, the Trump Administration has weakened […]

Dee Pridgen authors new edition of Consumer Protection Law in a Nutshell

West has published the fifth edition of Dee Pridgen's Consumer Protection Law in a Nutshell, the best short introduction to consumer protection law and an extremely useful volume for students and practitioners alike (disclosure: I commented on the manuscript of the fourth edition and coauthor a casebook with Dee). Here are some of the bigger […]

Adar & Becher paper proposes administrative oversight of consumer form contracts

Yehuda Adar of the University of Haifa and Shmuel I. Becher of the Victoria University of Wellington have written Taking Boilerplate Seriously: Tackling Exploitation in Consumer Contracts. Here's the abstract: This Article calls for a conceptual shift toward the scrutiny of exploitative consumer standard form contracts. Current approaches to consumer standard form contracts assume that imbalanced […]