首页
登录
职称英语
(1) If a prize were to be awarded for the world’s clunkiest prose, the paragr
(1) If a prize were to be awarded for the world’s clunkiest prose, the paragr
游客
2023-10-28
50
管理
问题
(1) If a prize were to be awarded for the world’s clunkiest prose, the paragraphs of indecipherable text that make up "terms of use" agreements would surely win. These legal thickets are designed to protect companies from litigious online shoppers and users of web services. Some firms require agreement, as when users are asked to click a box before creating an Apple ID. Other sites explain their policies without seeking customers’ explicit consent. Few consumers read these terms, let alone understand them. Because they involve no negotiation between customer and company, firms often insert language conferring broad protections to lower their risk of liability. But in a new twist, legal disclaimers designed to limit lawsuits are now unleashing litigation.
(2) A surge of lawsuits in America claims that companies’ online agreements violate consumers’ rights. Consumers are banding together in class actions against targets including Apple, Avis, Bed Bath & Beyond, Toys R Us and Facebook. The cases have a tinge of the bizarre, citing a law passed before companies even had websites. And the lawsuits accuse companies of illegally limiting lawsuits, a convoluted argument even by the standards of American jurisprudence. Nevertheless, the litigation could have broad implications for the firms involved and for future class actions.
(3) The suits seek to exploit the Truth-in-Consumer Contract, Warranty and Notice Act, enacted in New Jersey 35 years ago. This was intended to prevent companies that do business in the state from using contracts, notices or signs to limit consumer rights protected by law.
(4) Trial lawyers only recently began to use the TCCWNA to target online agreements. "All firms that seek to represent consumers are constantly mining different data fields for potential ways consumer rights are being violated," explains Gary Lynch, of Carlson Lynch Sweet Kilpela & Carpenter, a law firm. James Bogan of Kilpatrick Townsend & Stockton, which has defended companies in class actions, describes the use of the TCCWNA as "very creative". But class-action lawyers such as Mr. Lynch may have struck gold.
(5) The lawsuits vary, but generally include allegations that online terms violate consumers’ rights to seek damages as protected by New Jersey law and fail to explain which provisions cover New Jersey. Unusually in American law, plaintiffs need not show injury or loss in order to sue but merely prove violation of the TCCWNA. Moreover, the lawsuits are aimed not only at firms headquartered in New Jersey but all manner of companies that merely do business in the state. Gavin Rooney of Lowenstein Sandler, another law firm, counts about 40 TCCWNA cases in the recent surge. What is more, the TCCWNA entitles each successful plaintiff to at least $100 in damages, plus fees to lawyers and so on. If a website has millions of visitors, the costs to a company could be staggering.
(6) Whether the lawsuits will succeed is unclear. Whatever the outcome of individual claims, the barrage of litigation will probably prompt firms to adjust their online terms. "Don’t overreach" Mr. Rooney advises clients. For example, a company might no longer add words to terms-of-use agreements that seek to limit liability from gross negligence or fraud.
(7) That would be good news for consumers. But changes to terms of use do not always serve their interests. A growing number of firms, emboldened by favourable Supreme Court rulings, have adopted clauses that limit class-action suits. Consumers are instead restricted to resolving disputes individually, in arbitration. The TCCWNA cases may inspire more firms to add such caveats. That might limit frivolous suits. But consumers with grave complaints would be unable to sue, either. In the end lawsuits over restrictive contracts may make them more restrictive still. [br] The acts enacted in New Jersey 35 years ago were to______.
选项
A、band customers together to take lawsuits
B、convolute argument by the standards of law
C、prevent customers’ rights from being violated
D、accuse companies of illegally limiting lawsuits
答案
C
解析
细节题。文章第三段第二句提到“This was intended to prevent companies that do business in the state from using contracts,notices or signs to limit consumer rights protected by law.”,由此可知,这些法案是为了保护消费者的应有权益而颁布的,故[C]为答案。[A]、[B]和[D]均不符合题意,故排除。
转载请注明原文地址:https://tihaiku.com/zcyy/3136976.html
相关试题推荐
PASSAGETHREE[br]Whatdoesthefirstparagraphmainlydiscuss?Theintensifying
PASSAGEONE[br]Whichparagraphisabouttheoriginof"OK"?Paragraph3./Theth
PASSAGEONE[br]Whatdoestheword"provocations"inParagraph1meanintheco
PASSAGEFOUR[br]Whatdoes"forfeit"meaninthefirstparagraph?Lose.天后Hera对仙女
PASSAGEONE[br]Whichparagraphappearsleastconcernedwiththethemeofthep
PASSAGETHREE[br]Whatdoes"publicservices"inthe6thparagraphmostprobabl
PASSAGEFOURParagraph4andParagraph5.第4段最后一句的inevitable和第5段第1句提到的funeral都表明,D
PASSAGETHREE[br]Whatdoestheword"serendipitous"inParagraph8mean?Incide
PASSAGETHREE[br]Whichparagraphsbrieflygivethereasonwhyhotelchainsdev
PASSAGETHREE[br]Whatdoestheword"overriding"meaninthefirstparagraph?P
随机试题
CoastAlonginUnspoiltTurkey(Ⅰ)畅游在原始的土耳其(Ⅰ)Turkey’sBodrump
ThefollowingisanIntroductiontoMontserratPublishing.Afterreadingit,you
Drunkendriving—sometimescalledAmerican’ssociallyacceptedformofmurd
不属于PNH与再生障碍性贫血的鉴别要点是A.PNH酸溶血试验阳性 B.红细胞渗
个体从事有目的的活动,在环境中遇到障碍或干扰,使其需要和动机不能获得满足时的紧张
股票代表着股东的(),所以对于股份公司来说,通过发行股票募集到的资金,在公司存
下列哪项不是防风的适应证()。A.风寒表证B.风热表证C.疮疡初起D.风湿痹证
下列关于变动成本法和完全成本法的说法中,正确的有()。A.完全成本法下,单
“十四五”时期,实现基本()全国统筹。A.养老保险 B.医疗保险 C.失业
关于工程项目策划的说法,正确的有()。A.需整合多方面专家的知识 B.是一个封
最新回复
(
0
)