| Summary: | Professor Ben-Shahar discusses consumer protection law and how it does and does not serve the purpose of protecting consumers. Although consumers purchase services and goods through contracts with contractual rights, remedies for breach of promise are not enough to protect them. There is a sense among contract law scholars that solutions such as tort suits or private attorney-general suits under consumer protection laws exist, but it is assumed that these solutions are for dealing with systematic problems that go beyond breach of contract. However, consumer protection laws should not be dependent on the intent of the producer to perform or not to perform. Other tools for consumer protection, such as disclosure of information, contract enforcement litigation, remedies and enhanced remedies, can be used to satisfy consumer complaints. Credit contracts would benefit from more disclosure about the product, producer disclosures, and expectations.
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