Fine Print Examples

Fine Prints

The Fine Print

“No other modern country gives corporations the unfettered power found in America to gouge cus­tomers, shortchange workers, and erect barriers to fair play. A big reason is that so little of the news . . . addresses the private, government-approved mechanisms by which price gouging is employed to redistribute income upward.” You are being systematically exploited by powerful corporations every day. These companies squeeze their trusting customers for every last cent, risk their retirement funds, and endanger their lives. And they do it all legally. How? It’s all in the fine print. David Cay Johnston, the bestselling author of Per­fectly Legal and Free Lunch, is famous for exposing the perfidies of our biggest institutions. Now he turns his attention to the ways huge corporations hide sneaky stipulations in just about every contract, often with government permission. Johnston has been known to whip out a utility bill and explain line by line what all that mumbo jumbo actually means (and it doesn’t mean anything good, unless you happen to be the utility company). Within all that jargon, disclosed in accordance with all legal requirements, lie the tools these companies use to rob you blind. Even worse is what’s missing—all the contractually binding clauses that companies hide elsewhere yet still enforce and abuse. Consider, for example, how: An insurance company repeatedly delayed paying for a paralyzed man’s vital care despite court orders to pay up. Laws in nineteen states let companies like Goldman Sachs, General Electric, and Procter & Gamble pocket the state income taxes withheld from their workers’ paychecks for up to twenty-five years. A little-known government rule gives safety waiv­ers to deadly industrial facilities secretly located underneath schools and playgrounds. The “FCC Charge” on your phone bill, which appears to be a government fee, actually goes straight to the phone company. Johnston shares solutions you can use to fight back against the hundreds of obscure fees and taxes that line the pockets of big corporations, and to help end these devious practices once and for all.

Boilerplate

Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.