The Voluntary Payment Doctrine: A Potential Bar to Restitution Claims

December 13, 2004 Published Work
Newsletter of the ABA Section of Antitrust Law's Consumer Protection Committee, Fall 2004

It is common practice for businesses, ranging from credit card issuers to cable television providers, to impose late fees on consumers who fail to pay for goods and services in a timely fashion. Over the past several years, however, consumers have attacked such fees under various consumer protection laws, particularly those imposed on cable television subscribers, claiming that the fees are illegal because they are not reasonably related to the actual costs incurred as a result of the late payment.