Category Archives: Consumer Law
Abraham and Baker, ‘Five Sober Prescriptions for Homeowners Insurance’
ABSTRACT In this Article, we offer five sober prescriptions for homeowners insurance. The prescriptions have the virtue of being capable of implementation, having the potential to mitigate the homeowners insurance crisis, and not depending on unrealistic assumptions about policyholders, regulators, or markets. We are not suggesting that merely by snapping one’s fingers, these prescriptions can […]
Infantino and Crea, ‘Digital Vulnerability for All?’
ABSTRACT What if we took seriously the idea recently put forward by many institutions and scholars that, in online interactions, all human beings are vulnerable or made more vulnerable than ordinary? What if our regulatory infrastructures acknowledged that the vast majority of us, even in the hyperconnected societies of the Global North, have little understanding […]
Jose Gonzalez, ‘Moving Targets: Promissory Instability in the Pricing and Access Terms of Generative AI Subscription Services (2024-2026)’
ABSTRACT Between October 2024 and July 2026, the leading commercial providers of generative artificial intelligence repeatedly modified the pricing, usage limits, and access terms of subscription services after consumers had already paid for them. This paper documents that pattern through a rapid multiple-case documentary analysis of four providers (Anthropic, OpenAI, Microsoft, and Moonshot AI), drawing […]
Harris and Kaufman, ‘Consumer Law Meets the New Company Store’
ABSTRACT Firms have discovered new ways to extract value from workers beyond traditional labor exploitation. In labor markets increasingly characterized by monopsony power, platform work, and financialization, employers push a variety of financial products onto workers and establish surveillance systems that monetize worker data. This Article introduces the Triple Extraction Model to explain how firms […]
‘Safari Choice-of-Law Clauses’
In June 2026, I went on a safari in Tanzania with my family. We went on a hot air balloon ride over the Serengeti, visited a Masai village, and saw all of the Big Five. Before we embarked on these adventures, we were asked to sign an Assumption of Risk, Waiver of Liability, and Indemnification […]
Derek Whayman, ‘The motor finance litigation’
INTRODCUTION The agency problem describes the information asymmetry where the agent knows more than the principal, who accordingly is vulnerable to the agent taking advantage. It is the central issue in the motor finance litigation, where the basic facts are that a consumer buys a car on credit from a dealer who takes a secret […]
Jianyun Wang, ‘Data Rights and Price Discrimination’
ABSTRACT This paper develops a model of data-driven price discrimination to study the welfare-optimal allocation of data rights between consumers and platforms. Consumers understand that their platform usage generates data that may reveal their willingness to pay and may therefore behave strategically by distorting usage. The platform invests in data-processing technology to improve inference and […]
Hurwitz and Dickinson, ‘The Consumer Protection Paradox: Learning, Feedback, and the Limits of Consumer Protection Law’
ABSTRACT Modern consumer-protection law is built on a simplifying picture: The consumer and her vulnerabilities are treated as static over time. That model fits consumer protection’s regulatory posture, which evaluates injuries at the moment of choice. But it fits markets poorly. Consumers differ in sophistication and-more importantly – they can become more sophisticated through experience. […]
Kantorowicz-Reznichenko, van Heusden and Kantorowicz, ‘Consumers’ Rights in the Shadow of the Brand: A Conjoint Experiment on the Valuation and Trade-Offs of Contractual Rights’
ABSTRACT With the rise of standard contracts, tensions persist between protecting consumers from unfair terms and preserving freedom of contract. A key concern is that consumers may waive legal rights, often unknowingly, particularly when dealing with trusted brands. To address this, we conducted a conjoint experiment with a representative US sample to evaluate how consumers […]
Xiaoqian Hu, ‘The “Nuisance” Of Discrimination’
ABSTRACT Antidiscrimination law is in real trouble. People on the left attack it for being incapable of addressing structural inequalities in America. People on the right attack it for demonizing and reversely discriminating against dominant groups. This Article focuses on the Fair Housing Act (FHA) as a major antidiscrimination law and takes the first deep […]