---
title: "Compare a draft consumer contract with the FTC Act unfairness test"
url: "https://ailawframework.com/practice/competition-and-consumer-law/compare-a-draft-consumer-contract-against-the-unfair-contract-terms-regi/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A29-B7-5-US"
practice_area: "Competition & Consumer Law (ACCC / ACL)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a draft consumer contract with the FTC Act unfairness test

> For each term the lawyer marks, leave columns for the injury the file describes, whether a consumer could reasonably avoid it, and any benefit stated. Do not call a term unfair.

Canonical page: https://ailawframework.com/practice/competition-and-consumer-law/compare-a-draft-consumer-contract-against-the-unfair-contract-terms-regi/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Competition & Consumer Law (ACCC / ACL)](https://ailawframework.com/practice/competition-and-consumer-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | For each term the lawyer marks, leave columns for the injury the file describes, whether a consumer could reasonably avoid it, and any benefit stated. Do not call a term unfair. |
| What the lawyer must review | 15 U.S.C. § 45(n) says the Commission has no authority to declare an act or practice unfair unless it causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and is not outweighed by countervailing benefits to consumers or to competition. Public policy may be considered with the other evidence and may not be the primary basis. There is no Australian unfair-contract-terms statute in this version. Section 45(a)(2) excepts banks and other named businesses from the Commission's section 5 authority. You apply the test. The tool only lines the term up against the questions. |
| Written for | United States |
| Applies to | [Compare a draft consumer contract against the unfair contract terms regime](https://ailawframework.com/practice/competition-and-consumer-law/compare-a-draft-consumer-contract-against-the-unfair-contract-terms-regi.md) |

## Checking plan

- What the AI does: For each term the lawyer marks, leave columns for the injury the file describes, whether a consumer could reasonably avoid it, and any benefit stated. Do not call a term unfair.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A one-sided term is not unfair merely because it is one-sided.
- This comparison is of one draft. It is not a general screen of a precedent library.

## Sources

- [15 U.S.C. § 45, FTC Act section 5](https://www.law.cornell.edu/uscode/text/15/45) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.1, Competence](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*