Category Archives: Consumer Law

Amy Dunphy, ‘Ensuring Location Data Privacy in Connected and Automated Vehicles (CAVs)’

ABSTRACT New privacy challenges will arise from the introduction of Connected and Automated Vehicle (‘CAV’) technology. CAVs are expected to ‘drive’ by a system that receives and shares data from sensorised infrastructure. CAV data will be constantly communicated wirelessly and bi-directionally, including with other CAVs which are operating within a vehicular network. Consequently, there will […]

Rohit Chopra, ‘Enforcing the Post-Financial Crisis Ban on Abusive Conduct’

ABSTRACT Government enforcers have long contended with corporate misconduct, from the abuses of corporate power and monopolization of the late 19th and early 20th centuries to the set up to fail products and digital dark patterns of the 21st century. This Article explains the Consumer Financial Protection Bureau’s (CFPB) Policy Statement on Abusive Acts or […]

Grochowski, Esposito and Davola, ‘Price Personalization vs Contract Terms Personalization: Mapping the Complexity’

ABSTRACT Algorithmic pricing did not arise in a vacuum but is part of a wider phenomenon of using personal data to profile individuals on the market and make predictions about their preferences and behaviour in future market settings. The potential for price personalization is one of the most important and salient aspects of the wider […]

Anita Bernstein, ‘Privity 2.0 May Be Even Better for Tort Defendants’

ABSTRACT Privity reinvigorated in the current century comes with a few tradeoffs, to be sure. It does not have the pre-MacPherson sweeping power to vaporize an unwanted complaint, especially one alleging physical injury, but in some respects it is more useful for entities that line up on Team Defendant. If pre-MacPherson privity had been a […]

Mark Giancaspro, ‘Coffin confessions and contract: Why agreements to divulge secrets post-mortem might be unenforceable’

ABSTRACT Death and taxes are not only life’s two guarantees but also lucrative industries. The former has historically been dominated by morticians and funeral directors but now ‘coffin confessors’ have entered the market. These professionals are engaged to divulge specified information at the client’s funerary service, normally in an abrasive or humorous manner, for a […]

Tiago Soares Da Fonseca, ‘Arbitration and Mediation in Consumer Disputes at the Consumer’s Option’

ABSTRACT Directive 2013/11/EU, of 21 May 2013, applies to domestic and cross-border out-of-court dispute resolution procedures relating to contractual obligations arising from sale or service contracts between traders established in the Union and consumers resident in the Union through the intervention of an Alternative Dispute Resolution (ADR) entity which proposes or imposes a solution, or […]

Gareth Davies, ‘Data and Money as Alternative Payment Methods for Online Services: Applying a Reasonable Alternative Idea of GDPR Consent’

ABSTRACT A central idea in the GDPR is that consent for data processing must be ‘freely given’. This has been consistently understood by academics and data protection institutions to mean that a refusal of consent must be costless: that individuals must be able to refuse data processing and still enjoy free and full access to […]

Block-Lieb and Janger, ‘Impact Ipsa Loquitur: A Reverse Hand Rule for Consumer Finance’

ABSTRACT Algorithms in consumer finance can entrench, exacerbate, and conceal bias. This article considers the increased importance, in the age of algorithmic lending, of disparate impact analysis as a tool to combat predation and discrimination in consumer finance transactions. It explores the existing legal landscape and finds gaps in the relationship between discrimination and predatory […]

Young and Zhang, ‘Regulating Subprime Lending in Hong Kong and the Need for Law Reform to Better Protect Vulnerable Consumers’

ABSTRACT Hong Kong’s subprime moneylending sector has grown rapidly in recent decades and exploitation of the vulnerable continues largely unabated. Hong Kong’s first Money Lending Ordinance, which was enacted in 1911, introduced a rudimentary system of regulation, which was improved by its successor, the Money Lending Ordinance of 1980. Since 1980, there have been some […]

Stacy-Ann Elvy, ‘Privacy Law’s Consent Conundrum’

ABSTRACT This essay sheds light on how an existing consent framework established by courts in applying contract law to assess the validity of companies’ terms and conditions can aid in both remedying privacy law’s consent conundrum and mapping out the contours of a proposed ‘duty to obtain consent appropriately’. Elvy, Stacy-Ann, Privacy Law’s Consent Conundrum […]