Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by...

Consumer fraud (including predatory home loans) is a widespread and serious problem in the United States. To help combat this problem, forty-five states have enacted consumer fraud statutes that provide for attorney's fees to a prevailing plaintiff to address the economic feasibility problem in...

This article addresses the issue of insurance coverage for commercial enterprises as a consequence of the recent spate of droughts in the southwestern United States. This almost two-decade long drought results from increasing temperatures and climate change. The article posits that damage or...

Consumer protection has become a legal phenomenon to reckon with on a global scale, with repercussions for, among others, contracts concluded between consumers and business entities – i.e., B2C contracts. While the path chosen by EU law is one of special legal protection (on the basis of...

Studie zu Dispozinsen / Ratenkrediten Aktenzeichen: 514-06.01-2810HS034 Laufzeit 8/2011 – 5/2012 - Zusammenfassung – In Deutschland verfügen etwa 80 Prozent der Haushalte über einen Dispositionskredit. Bei beträchtlicher Variation liegt der eingeräumte Kreditrahmen bei knapp dem 3-fachen...

Equity stripping fraud often masquerades as a sale-leaseback contract. Homeowners anticipating a refinance to settle a foreclosure are victimized through a transfer of ownership and theft of equity. The doctrine of equitable mortgage is a legal theory used to challenge these fraudulent...

The law of contracts and consumer protection has been dominated in the recent past by the ideology of rational choice theory. As a descriptive project, rational choice theory holds that consumers express their preferences and maximize their expected utility by making choices in the marketplace....

The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to...

Consumers are more likely to keep a repayment promise they make themselves. When a scheduling conflict prevents a borrower from attending a mortgage closing, a Power of Attorney (POA) empowers a third party to promise that the borrower will repay the loan. On a matched sample of POA and non-POA...