Chicago-Kent Law Review Volume 83 Issue 2 Symposium: Rethinking Payments in Article 16 Law April 2008 Commentary: Technology as the Driver of Payment System Rules: Will Consumers Be Provided Seatbelts and Air Bags? Mark E. Budnitz Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Mark E. Budnitz, Commentary: Technology as the Driver of Payment System Rules: Will Consumers Be Provided Seatbelts and Air Bags?, 83 Chi.-Kent L. Rev. 909 (2008). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol83/iss2/16 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact
[email protected],
[email protected]. COMMENTARY: TECHNOLOGY AS THE DRIVER OF PAYMENT SYSTEM RULES: WILL CONSUMERS BE PROVIDED SEATBELTS AND AIR BAGS? MARK E. BUDNITZ* INTRODUCTION Taken together, the articles in this Symposium issue present a fasci- nating and disturbing picture of the world of consumer payment systems. The articles document the death of the world as payment lawyers have known it. Some of the deaths have already occurred. The concept of "agreement" used to be an essential element of the contractual relationship between the parties to a contract. That concept is dead; modem consumers are contractually bound to onerous terms under circumstances where there is no meaningful agreement.' Often, consumers are notified of major changes in terms through stuffers in their monthly statements.