消费者对争议前仲裁协议有什么了解? 一个经验性的调查调查
1Michigan Law School, University of Michigan, Ann Arbor, Michigan, United States of America.
PloS one
|February 23, 2024
概括
大多数消费者不知道强制性仲裁条款,即使同意它们. 他们还误解了他们同意仲裁后选择退出和法律诉讼的权利.
科学领域:
- 消费者保护法 消费者保护法
- 合同法 合同法 合同法 合同法
- 行为经济学是一种行为经济学.
背景情况:
- 强制性仲裁条款在消费者合同中越来越常见.
- 消费者经常遇到这些条款,但没有完全理解.
- 了解消费者意识对于评估仲裁协议的公平性至关重要.
研究的目的:
- 评估消费者对强制性仲裁条款的认识和理解.
- 调查消费者对选择退出程序的知识.
- 识别关于仲裁协议的法律影响的常见误解.
主要方法:
- 在美国调查了1071名成年人.
- 对有关仲裁条款的认识,理解和决策的回应进行分析.
- 提交一份样本合同,以衡量对仲裁条款的承认.
主要成果:
- 超过97%的受访者在不知情的情况下同意强制性仲裁.
- 超过92%的人在选择产品/服务时没有考虑仲裁条款.
- 只有不到5%的人理解了这些影响,大多数人不知道选择退出或保留法庭访问的选择.
结论:
- 消费者对强制性仲裁的认识显著缺乏.
- 消费者对程序权利的误解仍然存在.
- 迫切需要加强消费者对仲裁协议的教育.
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