Do Consumers Read Terms of Service Agreements When Installing Software? -- A Two-Study Empirical Analysis --
DOI:
https://doi.org/10.18533/ijbsr.v4i6.535Keywords:
Consumer Behavior, Terms of Service Agreements, Software, Survey ResearchAbstract
An important issue in all transactions is the details of the agreement between the parties. This is particularly important in on-line transactions where consumers bind themselves to the detailed terms and conditions without reading them. This paper examines this from two perspectives. The first study reports what respondents self-report they do in terms of amount of time and amount of Terms of Service (TOS) agreements they read. The second study report actual observations of respondents as they “installed” software. The results show most respondents read very little of TOS agreements and the amount of time spent is less than one minute, making it impossible to actually read much of agreements that average over 6,000 words. The primary reasons for not reading TOS agreements are the length of the contract and the perceived cost vs. benefit of reading it, not the font size or legal language. Managerial and public policy implications are examined.
References
Bakos, Yannis, Florencia Marotta-Wurgler, David R. Trossen (2009) “Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts” available at http://papers.ssrn.com.
Becher, Shmuel L. and Ester Unger-Aviram (2010) “The Law of Standard Form Contracts: Misguided Intuitions and Suggestions for Reconstruction,” DePaul Business & Commercial Law Journal, Vol. 8 199-227
Eisenberg, Melvin A. (1995) “The Limits of Cognition and the Limits of Contracts” 47 Stan. L. Rev. 211.
Hayden, Michael B. and Janet J. Prichard (2009) “A Comparison of the Readability of Freeware License Agreements From 2003 and 2008” Proceedings Northeast Decision Sciences Institute, 203-208.
Hillman, Robert A. (2006) “Online Consumer Standard Form Contracting Practices: A Survey and Discussion of Legal Implications” in Consumer Protection in the Age of the ‘Information Economy’
Hillman, Robert A. and Jeffery J. Rachlinski (2002) “Standard-Form Contracts in the Electronic Age,” 77 N.Y.U. L. Rev. 429
Hotmail Corporation v Van$ Money Pie, 47 U.S.P.Q. 2nd 1020 (N.D. Cal. 1998)
Stark, Jane K. and Jessica M. Choplin (2009) “A License to Deceive: Enforcing Contractual Myths Despite Consumer Psychological Realities” 5 N.Y.U. J. L. & Bus. 617.
Wiese, Bill (2001) “Terms of Use Agreements” Journal of Internet Law, October 16-24.
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