Consumer Contracts Posts
Restatement of the Law, Consumer Contracts: Significant Black Letter Changes Since 2019 Annual Meeting
This post is excerpted from a piece originally featured in the spring 2022 edition of The ALI Reporter.
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
This article asks the question: Should Amazon be considered a “warrantor” for the purposes of making the implied warranty of merchantability when it serves as an intermediary between a third-party seller and a consumer buyer?
This Article is the first to present systematic, large-scale data on post-settlement litigant funding—the type of funding most NFL players reportedly received.
A recent article published in the New York Times discusses Amazon’s change to its legal complaints process for its customers. Until recently, Amazon customers were required to pursue disputes with the company through a private arbitration process instead of through the courts.
The draft of the American Law Institute’s Restatement of Consumer Contracts reflects the jurisdiction of the US courts on the ‘adoption’ (as the draft calls it) of standard contract terms into consumer contracts. This draft is of great value to European lawyers in understanding US developments, but it may also stimulate a reflection on the state and possible evolution of European legal systems.
The Restatement project presumes the exercise of nonpartisan judgment. Some criticisms of the draft are more political tracts than analytic critiques. Because the Draft does a good job analyzing and distilling the law, the real question in this debate is whether the ALI and the Restatement project as a whole can withstand efforts to use the tools and standards of retail politics to defeat the analytic approach of the Draft. To the extent such efforts succeed, the Restatement concept as a whole will fail.
In a recent episode from Consumer Finance Monitor Podcast, host Alan Kaplinsky interviews ALI Council member Steven O. Weise of Proskuer Rose about the criticism of the Restatement from businesses and consumer advocates.
Twenty-three State Attorneys General circulated a letter urging Members to withhold support from the Restatement of the Law, Consumer Contracts. The criticism expressed in the AGs’ letter is founded on a misunderstanding of the rules in the draft Restatement.
In this week’s podcast episode of Reasonably Speaking, consumer contract experts Omri Ben-Shahar and Florencia Marotta-Wurgler discuss several types of consumer contracts, enforceability of terms, and the potential consequences of agreeing to these terms without reading the fine print.