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Part II - Application

Published online by Cambridge University Press:  21 June 2019

Wendy Wagner  and
Will Walker
Wendy Wagner
Affiliation:
University of Texas School of Law
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Summary

Consumer protection law is notoriously imbalanced with respect to the superior ability of sellers to process information as compared to their customers. Yet despite the resulting comprehension asymmetries, the design of consumer contract law and disclosure requirements regularly fail to encourage sellers to communicate meaningfully with the target audience. This chapter explores how consumer protection law tacitly encourages incomprehensibility and proposes reforms which would provide increased incentives for meaningful communication between buyers and sellers.

Keywords

contractdisclosureunconscionabilityduty to readFirst Amendment commercial speechconsumer lawwarningsboilerplatefine printsellersfinancial regulationdisclosureSecurities and Exchange CommissionPlain English requirementsfinancial riskinvestorsfraudDodd Frank Actcomplexificationwillful ignorancepatent lawinnovationPatent and Trademark Office (PTO)patent examinerinventorpatent claimnoveltydeliberate ambiguityinequitable conductprior artchemicalToxic Substances Control Act (TSCA)risk assessmenttrade secretEnvironmental Protection Agency (EPA)nondisclosure contractchemical manufacturerfunding effectcomparative risk assessmentLautenberg ActAdministrative Procedure Actnotice and commentjudicial reviewagencystakeholderpublictransparencyrulemakingadministrative recordparticipationCongresslegislationparty leaderrank-and-file memberlegislative processomnibus billsunorthodox practicescommitteesCongressional Budget Office (CBO)negotiation
Type
Chapter
Information
Incomprehensible!
A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It
 , pp. 45 - 244
Publisher: Cambridge University Press
Print publication year: 2019

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