[mox1]

I would prefer to take it broader and codify it in law that:

1. The terms and conditions of a product, service, etc. "primarily" aimed at a consumer have simple, human readable terms. Like a food label or similar to the broadband label.

2. The terms are presented and acknowledged PRIOR to purchasing (not after opening the package, driving off the lot, putting the DVD into the player). The company needs to find a way to deliver the T&C's before purchase. If you need me to agree to 50 pages things before I can use your product, I didn't really purchase it, I am receiving a license to use it....

3. If these terms and conditions will be changed retroactively (for existing customers) that must be optional, opt-in and not required to continue to use the product.

I think this would stop a lot of the shenanigans companies pull on end users, that they DON'T pull in B2B environments.

[ryandrake]

This still puts the company too much in the driver's seat. An actual "contract" or "agreement" is supposed to be a meeting of the minds between two parties. It's not simply one-sided terms dictated by one party without opportunity for the other party to negotiate. And each party should have negotiating power and choice beyond "take it or leave it".

And, before you dismiss this idea with "Ha ha imagine if every cell phone provider had a custom, bespoke, negotiated contract with each customer! It can't be done!"

If providing real negotiating power and choice to your customer is too much of an overhead burden, then maybe the company should not be allowed to make the "agreement" a condition for buying/using the product.

[account42]

> And, before you dismiss this idea with "Ha ha imagine if every cell phone provider had a custom, bespoke, negotiated contract with each customer! It can't be done!"

This actually already happens to some extend. Nor a different contract for every individual user but my mobile phone plan is not one you can currently purchase from the provider but just available to existing customers who have been upgraded (more data for the same price as the original contract).