Wanted: a Bigger Stick. On Unfair Terms in Consumer Contracts with Online Service Providers

Marco Loos () and Joasia Luzak ()
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Marco Loos: University of Amsterdam
Joasia Luzak: University of Amsterdam

Journal of Consumer Policy, 2016, vol. 39, issue 1, No 6, 63-90

Abstract: Abstract The Unfair Contract Terms Directive offers consumers protection from pre-formulated imbalanced contract terms. While the standard terms and conditions of online service providers have previously been accused of harming clients of such online services, a comprehensive analysis of the potential unfair character of such terms and conditions in line with the interpretation of the Directive supplied by the CJEU has not yet been provided. This paper aims to fill in this gap in the academic literature. It identifies several types of contractual terms used by international online service providers in their consumer contracts, which are unlikely to pass the Directive’s unfairness test.

Keywords: Consumer contracts; Unfair contract terms; Online service providers; Compliance; Private international law (search for similar items in EconPapers)
Date: 2016
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Citations: View citations in EconPapers (4)

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DOI: 10.1007/s10603-015-9303-7

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