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Consumer Protection and the Regulation of Mobile Phone Contracts: A Study of Automatically Renewable Long-Term Contracts Across Jurisdictions

Author

Listed:
  • C. Bisping

    (University of Warwick)

  • T. J. Dodsworth

    (University of Exeter)

Abstract

This article deconstructs mobile phone contracts as an example of long-term contractual relations in four jurisdictions to reveal that there are three elements which define consumer protection. The elements are contract duration, renewal of the agreement and unilateral modification. Each of these factors are regulated differently in each of the jurisdictions, but, assessed collectively, similar levels of consumer protection are found. The authors show that the reason for the different weighting is determined by regulation (subject-specific or general); by external factors, such as technological development, geography or business considerations; and by wider cultural considerations. The comparison of these features across the jurisdictions shows that, ultimately, regulatory intervention plays little role in contract design, unless an overwhelming policy goal is pursued, which means that, in most cases, regulators would be advised to avoid or reduce regulation of mobile phone and other long-term contracts.

Suggested Citation

  • C. Bisping & T. J. Dodsworth, 2019. "Consumer Protection and the Regulation of Mobile Phone Contracts: A Study of Automatically Renewable Long-Term Contracts Across Jurisdictions," Journal of Consumer Policy, Springer, vol. 42(3), pages 349-375, September.
    • Handle: RePEc:kap:jcopol:v:42:y:2019:i:3:d:10.1007_s10603-019-09417-0
    DOI: 10.1007/s10603-019-09417-0
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    References listed on IDEAS

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    1. Posner, Eric A, 1995. "Contract Law in the Welfare State: A Defense of the Unconscionablility Doctrine, Usury Laws, and Related Limitations on the Freedom to Contract," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 283-319, June.
    2. Peter D. Lunn, 2013. "Telecommunications Consumers: A Behavioral Economic Analysis," Journal of Consumer Affairs, Wiley Blackwell, vol. 47(1), pages 167-189, April.
    3. J. Malala, 2018. "Consumer Law and Policy in Kenya," Journal of Consumer Policy, Springer, vol. 41(4), pages 355-371, December.
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    Cited by:

    1. Fayyad, Mahmoud I. & Al-Nazir, Rannen, 2023. "Inequality of bargaining power in cellular telecommunication services agreements," Telecommunications Policy, Elsevier, vol. 47(4).

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