The wave of personalization extends beyond pricing and advertising to encompass contractual terms, amplifying the unilateral imposition of terms on consumers. This chapter explores the phenomenon of personalized contracts, a novel aspect of algorithmic personalization in consumer transactions. The analysis evaluates the promises and perils of this practice, with particular attention to its exacerbation of the “signing-without-reading” problem inherent in standard-form contracts. The chapter further evaluates the adequacy of existing legal frameworks and assesses the necessity for additional regulatory measures.

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Signing-Without-Reading Revisited: A Law and Economics Analysis of Personalized Contracting

  • Adrianus Johannes van Heusden

摘要

The wave of personalization extends beyond pricing and advertising to encompass contractual terms, amplifying the unilateral imposition of terms on consumers. This chapter explores the phenomenon of personalized contracts, a novel aspect of algorithmic personalization in consumer transactions. The analysis evaluates the promises and perils of this practice, with particular attention to its exacerbation of the “signing-without-reading” problem inherent in standard-form contracts. The chapter further evaluates the adequacy of existing legal frameworks and assesses the necessity for additional regulatory measures.