Consumer Law

Implementing Personalized Law: Personalized Disclosures in Consumer Law and Data Privacy Law
Christoph Busch
Professor of Law at the University of Osnabrück, Germany.

I am grateful to the participants of The University of Chicago Law Review Symposium on Personalized Law organized by Omri Ben-Shahar, Anthony Casey, Ariel Porat, and Lior Strahilevitz in April 2018 for their very helpful comments and suggestions. I would also like to thank Alberto De Franceschi and the participants of the conference on Granular Legal Norms at Villa Vigoni in March 2017 for their insightful inputs.

Mandated disclosures are probably one of the most widely used regulatory tools in consumer law and data privacy law on both sides of the Atlantic.

Relational Contracts of Adhesion
David A. Hoffman
Professor of Law, University of Pennsylvania Law School

I would like to thank the individuals who agreed to be interviewed for this article: Hissan Bajwa, Michal Rosenn, Bonnie Broeren, Rob Chesnut, Eric Goldman, Jay Monahan, Ari Shahdadi, Curtis Anderson, Ed Ferguson, Michael Cheah, Hansen Tong, and Miranda Lerner. Katherine Schloss Ackerman (Penn ’17), Elyssa Eisenberg (Penn ’18), and Michelle Kao (Penn ’18) provided research assistance. Tom Baker, Shyam Balganesh, Danielle Citron, Zev Eigen, Meirav Furth-Matzkin, Eric Goldman, Ethan Leib, Sophia Lee, Greg Klass, Florencia Marotta-Wurgler, Melanie McMenamin, Lior Strahilevitz, Rick Swedloff, Michael Risch, Tess Wilkinson-Ryan, David Wishnick, and participants at faculty workshops at the University of Pennsylvania, Boston University, UC Hastings, Villanova University, University of Chicago, and the Second Empirical Contracts Working Group provided useful feedback.

Consumer contract theory is myopically focused on the unread fine print. Because consumers don’t read their contracts, firms can make “hidden” terms worse without lowering prices.