Consumer law is in the midst of rapid and probably substantial change, both in the U.S. and abroad. Stateside, we see change at every level of contract and commercial law, both in areas governed by the common law and in areas occupied by statutes and regulations. For the former, the largest recent development is the just-underway Restatement (Third) of Consumer Contracts, though to some degree other ALI projects have addressed particular aspects of consumer law (for example, the Principles of Software Contracts). NCCUSL similarly has taken up consumer contracting in the last decade or two, mainly with rather focused projects, but at time with broad-based ones (such as the attempts to revise and then amend Article Two of the UCC). Federal law has likewise gone through upheaval in the aftermath of Dodd-Frank, in large part through the creation of the Consumer Financial Protection Bureau and the new activities of the Federal Trade Commission. Nor has the Supreme Court been silent, as its recent decisions on class arbitration attest. Outside the U.S., there have been many substantial attempts to rethink consumer contracting, of which recent European Union Directives on Consumer Rights and on
Alternative Dispute Resolution for Consumer Contracts are prominent examples.
In this joint session, a broad range of participants will discuss these developments from many perspectives—law reformers, academics (both legal and non-legal), regulators, the regulated, the courts. We anticipate many opportunities for give-and-take among panelists and between panelists and the audience.
Business Meeting of Section on Commercial and Related Consumer Law at Program Conclusion.
Business Meeting of Section on Contracts at Program Conclusion.