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Many businesses rely on only a handful of documents—terms of sale or service, and sometimes terms of use and privacy policies—to govern their relationships with customers. Yet few make a point of regularly stress-testing such documents to ensure that they are readable, let alone enforceable. Our team counsels clients on all aspects of consumer contracts so that they can focus their energies where they belong—on running their businesses and serving their customers. We are thought leaders in this field, having written and spoken on these issues for national media outlets such as Bloomberg, Practical Law, the Practising Law Institute, the National Law Journal, the American Law Institute Adviser, and Law360, and leading CLE providers such as Strafford, Lawline, and Clear Law.

Consumer Contracts

We counsel clients on maximizing the enforceability of their consumer contracts and defensibility of their marketing materials. We help clients tailor their consumer-facing materials to fit the unique needs of their industries—whether it be retail, technology, financial services, health care, insurance, pharmaceutical, communications, utilities, energy, education, or transportation, among others—and stay apprised of the law and ahead of the plaintiffs’ bar.

Drafting and Deploying Contracts

Terms and conditions are of little value if courts will not enforce them. It is imperative, then, that they be drafted in a way that is readable and deployed in a way that is reasonable. We revise consumer-facing materials to maximize readability and enforceability, harmonize related contracts to improve consistency and predictability, and optimize online and other contract-formation processes. We also counsel clients regarding deploying new and amended contracts and policies across varied platforms, including websites and mobile applications.

Crafting Arbitration Agreements

With the advent of “gotcha” class actions seeking potentially annihilating aggregate damages, arbitration agreements and class action waivers have become indispensable tools for managing risk. They have also become indispensable tools for providing relief to consumers, as all of the responsible research on this issue confirms that arbitration organizations are serious about enforcing their consumer due process protocols, and that consumers are successful more frequently and more quickly in arbitration than they are in court. Yet many courts remain hostile—sometimes openly so—to arbitration as a means of dispute resolution. We monitor developments in the law and help clients draft next-generation agreements that are designed to withstand the most searching scrutiny by the most hostile courts. We also advocate on behalf of clients in opposing proposed legislation that would ban or burden arbitration agreements.

Recognizing and Reducing Risk

Professional plaintiffs will seize on any opportunity to file—or, as some have taken to doing, merely threaten to file—class actions seeking theoretically ruinous damages. Consumer contracts and related policies and procedures are under a microscope like never before. It follows that regularly reviewing and revising such documents is a critical component of risk management. We monitor trends in consumer protection litigation and help clients mitigate their potential exposure to a variety of claims, including claims under the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the Truth-in-Consumer Contract, Warranty and Notice Act, automatic renewal laws, and biometrics statutes, among others.