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E-commerce and electronic contracting are more important than ever as we move into the post-COVID 19 era.  We first review legal requirements for electronic contracting and disclosures including the E-SIGN Act, state Uniform Electronic Transactions Acts, FTC guidance on delivery of disclosures and comments on use of “dark patterns,” and DOJ comments on website accessibility. … Continue Reading

On June 22, 2022, the American Law Institute (“ALI”) circulated minor (mostly technical) revisions to Tentative Draft No. 2 of the Restatement of the Law, Consumer Contracts (the “Restatement”). 

The Restatement was approved last month at ALI’s 2022 Annual Meeting, subject to minor changes agreed to by members at the Annual Meeting, the most notable of which is the addition of a new section on “Interpretation and Construction of Consumer Contracts.” … Continue Reading

As expected, the American Law Institute (“ALI”) approved the Restatement of the Law, Consumer Contracts yesterday at ALI’s 2022 Annual Meeting in Washington, DC.  The Restatement sets forth a series of rules that are intended to represent the current black letter law for contracts between businesses and consumers and culminates an 11-year project by ALI on the subject. … Continue Reading

With ALI’s members poised to approve the new Restatement, providers need to understand the Restatement’s impact on their consumer agreements, particularly those entered into online.  After reviewing the rationale for the new Restatement and ALI’s approach to developing the rules it contains, we look at the issues covered by each section, such as the rules that deal with assent to contract terms, change in terms, unconscionability, and deception. … Continue Reading

Our Consumer Finance Monitor podcast continues to cover the most important industry issues.  In anticipation of the American Law Institute (“ALI”) considering the Restatement of the Law, Consumer Contracts (the “Restatement”) at its Annual Meeting in Washington, DC on Tuesday, May 17, we plan to release an episode about the Restatement with guest Steven Weise, a member of ALI’s Council on Monday, May 16. … Continue Reading

I am pleased to report that as a result of the efforts of its business and consumer critics (among whom I include myself), the Tentative Draft of the Restatement of the Law, Consumer Contracts was put “on hold” yesterday at ALI’s annual meeting in Washington, D.C., making next year’s annual meeting the earliest date when the Restatement will again be considered by ALI’s members.… Continue Reading

Tomorrow, the American Law Institute’s members are scheduled to vote on the Tentative Draft of the Restatement of the Law, Consumer Contracts at ALI’s annual meeting in Washington, D.C.  In this podcast, Alan Kaplinsky, who leads our Consumer Financial Services Group, interviews Steven Weise, a member of ALI’s Council, about the criticism of the Restatement from businesses and consumer advocates. … Continue Reading

Earlier today, I published a blog post explaining why I believe the American Law Institute’s members should not approve the Tentative Draft of the Restatement of the Law, Consumer Contracts (the “Restatement”) on which they will be voting at ALI’s annual meeting next Tuesday in Washington, D.C.  As I indicated in my blog post, the upcoming vote on the Restatement presents an unusual circumstance where both consumer and business groups find themselves in agreement that the Restatement should be rejected by ALI’s members.… Continue Reading

At the American Law Institute’s annual meeting next Tuesday in Washington, D.C., members will be voting on whether to approve a Tentative Draft of the Restatement of the Law, Consumer Contracts (the “Restatement”).  I had the privilege of participating as a panelist on May 6 in a panel discussion about the Restatement at the Thirteenth Annual Judicial Symposium on Civil Justice Issues in Arlington, Virginia, sponsored by the Law & Economics Center of George Mason University’s Antonin Scalia Law School. … Continue Reading