The pending restatement has substantial public policy implications for the courts.
1/18/2019 12:30
ACA International is one of several trade associations expressing concern with The American Law Institute’s (ALI) pending Restatement of the Law, Consumer Contracts.
“We believe this project departs dramatically from the institute’s own rules governing restatements by creating rather than ‘restating’ common law, and does so in an unfair manner that consistently operates against businesses that contract with consumers,” according to a collective letter from the associations representing financial services, telecommunications and other industries.
“Each of the project’s substantive provisions recommend courts adopt such a separate “consumer contract” rule. This is plainly a deviation from common law doctrine, and one with substantial public policy implications,” the letter states.
The American Law Institute is expected to complete the project at its annual meeting in May this year. ACA and the group of associations urge the ALI to reconsider approval of the project at its meeting later this month and avoid potentially causing long-term harm to the institute’s reputation with respect to restatements.
Read the complete letter on ACA International’s website.
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