Christopher G. Bradley of Kentucky has written Privacy Policy Indeterminacy. Here’s the abstract: Despite being subjected to decades of sharp criticism, privacy policies published by companies remain a linchpin of privacy regulation. Representations in these policies provide the main measure against which consumer privacy can be judged. Policies are rarely read by consumers and are […]
Category Archives: Consumer Law Scholarship
David Horton of California, Davis has written Forced Robot Arbitration, forthcoming in 109 Cornell Law Review (2023). Here’s the abstract: Recently, advances in artificial intelligence (AI) have sparked interest in a topic that sounds like science fiction: robot judges. Researchers have harnessed AI to build programs that can predict the outcome of legal disputes. Some […]
One of the consumer law professors I most admire, Lauren Willis, appears on today’s episode of one of my favorite podcasts, the Consumer Finance Monitor Podcast, discussing her important work on performance-based regulation. You can listen to it here.
Gregory M. Dickinson of St. Thomas has written Privately Policing Dark Patterns, 57 Ga. L. Rev. (2023 Forthcoming). Here is the abstract: Lawmakers around the country are crafting new laws to target “dark patterns”—user interface designs that trick or coerce users into enabling cell phone location tracking, sharing browsing data, initiating automatic billing, or making […]
The Regulatory Review blog reports that “With 77 percent of online shoppers using reviews to inform their purchase decisions, customer reviews play a crucial role in shaping international commerce. Fake reviews, which include manufactured and deceptive reviews, constitute about 4 percent of all reviews online. This 4 percent translates to a cost to consumers of […]
David A. Hoffman of Penn has written Defeating the Empire of Forms, forthcoming in the Virginia Law Review. Here’s the abstract: For generations, contract scholars have waged a faint-hearted campaign against form contracts. It’s widely believed that adhesive forms are unread and chock full of terms that courts will not, or should not, enforce. Most think […]
“While ChatGPT and generative AI’s powerful potential has sparked excitement, some experts worry that ChatGPT—which sometimes produces inaccurate responses—may spread misinformation. In addition, other experts have expressed concern that the tool may replace workers.” At The Regulatory Review, scholars compile scholarship discussing the potential harms of ChatGPT and evaluating ways to regulate generative AI. The […]
James P. Nehf of Indiana has written Fintech, Payday Loans and the Changing Landscape of Cash-Advance Consumer Credit in the United States, 10 Int’l J. Cons. L. & Practice 1 (2022). Here’s the abstract: High-cost, cash-advance or “payday” loans have plagued low-in- come consumers in the United States for several decades. With little regulation at […]
Michael Blasie of Seattle has written Regulating Plain Language, forthcoming in the Wisconsin Law Review. Here is the abstract: What one scholar coined a “quiet revolution” in consumer contracts has been a half century in the making. And the revolution extends well beyond consumer contracts. Legislatures and regulators passed over seven hundred plain language laws […]
Alexandros Antoniou of the University of Essex has written Swear-Vertising: When Does the Advertising Watchdog Bark? 27 Communications Law – Journal of Computer, Media and Telecommunications Law 111 (2022). Here’s the abstract: The article examines the extent to which advertisers can expressly use, or use by implication, swear words in their advertising. It reviews the […]