ABSTRACT

This chapter examines United States (US) consumer sales law to provide a descriptive review, as well as providing some normative thoughts. It suggests that the US does not have a separate, holistic consumer sales law regime, but the answer is a bit more nuanced in that consumers are given protective status through a mix of laws and regulations despite the lack of a specialised consumer sales law. The chapter states that consumers are protected by implied warranties, but they are easily disclaimable, and sellers generally impose rigid notification of defect requirements that are generally enforced. It focuses on consumer contracts in the area of sales of goods or B2C; however, the distinction between the sale and supply of digital content has become increasingly blurred due to the commodification of information. The explosion of internet platforms for the direct sale of goods, services and digital content poses many new issues for consumer contract law and consumer protection.