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Loyola Consumer Law Review

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When a hurricane strikes or a flood rises, therefore, unfair practices that typically are hidden or dismissed as minor can become visibly painful and obviously undesirable from a social point of view. Not only are small injuries capable of exacerbating the debt burdens of individual consumers, but these injuries are experienced collectively, so that they potentially become more apparent to the public at large than at other times. Losses that consumers normally endure atomistically and sporadically occur simultaneously under the circumstances of a catastrophe. In the wake of Hurricane Katrina - the most severe domestic American catastrophe in modern memory - it is perhaps surprising that consumer financial losses attributable to seller exertions of rights based on form agreements did not receive closer attention.