E-CONSUMER PROTECTION IN THE US – THE SAME JUNGLE AS IN EUROPE

Abstract

With use of the Internet, a new form of contract has appeared: the electronic contract,
which is concluded online. In most cases, two parties are present: a consumer, who is in a
relatively exposed position and a business entity. This article focuses on the protections given to
consumers in the US in these cases – i.e. electronic consumer law in the US – at both federal and
state level (with special regard to New York state). Principal questions are the following: do
consumers in the US receive the same protections as consumers in Europe when purchasing goods
online? When we buy goods from the US here in Europe through the Internet and have them
shipped over, do we receive the same protections as in Europe? And what options exist for
protecting ourselves? What are the rules and remedies that help us? Last, but not least: what can
we learn from the US system, if anything? Summarising substantive US provisions that may be
relevant for Europe is also beneficial with an eye to putting continuously evolving European
directive law into a broader perspective.