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The Law of Consumer Redress in an Evolving Digital Market

The Law of Consumer Redress in an Evolving Digital Market
Author: Pablo Cortés
Publisher: Cambridge University Press
Total Pages: 329
Release: 2017-10-05
Genre: Law
ISBN: 110854696X

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This book advances the emergence of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes.


Consumer Protection in the Age of the 'Information Economy'

Consumer Protection in the Age of the 'Information Economy'
Author: Jane K. Winn
Publisher: Routledge
Total Pages: 467
Release: 2016-05-23
Genre: Law
ISBN: 1317161203

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To date, there have been few theoretical inquiries into the relationship between the technological innovation and basic objectives of consumer protection laws. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets, contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.


Online Dispute Resolution for Consumers in the European Union

Online Dispute Resolution for Consumers in the European Union
Author: Pablo Cortés
Publisher: Routledge
Total Pages: 283
Release: 2010-09-13
Genre: Law
ISBN: 1136943501

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Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.


Access to Justice in Transnational B2C E-Commerce

Access to Justice in Transnational B2C E-Commerce
Author: Sutatip Yuthayotin
Publisher: Springer
Total Pages: 328
Release: 2014-11-17
Genre: Law
ISBN: 3319111310

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This book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers’ expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework’s criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence.​


The New Handshake

The New Handshake
Author: Amy J. Schmitz
Publisher:
Total Pages: 149
Release: 2017
Genre: Consumer protection
ISBN: 9781634257688

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Where we are now -- What consumers want -- Lessons learned on ebay -- The business case for resolutions -- Bringing consumer advocacy online -- Ethical considerations -- Envisioning a global redress system -- The design: newhandshake.org -- How it could succeed and how it could fail -- Case studies -- What's next -- Conclusion


Cyber Consumer Law and Unfair Trading Practices

Cyber Consumer Law and Unfair Trading Practices
Author: Cristina Coteanu
Publisher: Routledge
Total Pages: 288
Release: 2017-03-02
Genre: Law
ISBN: 1351946579

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Of great interest to practitioners, policymakers and academics - as well as to consumers and traders in general - this timely work addresses all important legal and practical issues that arise in connection with online trading. This important work outlines the existing legislation and legal jurisprudence in the EU and the US and exposes the potential for unfair commercial practices to arise from online contracts, electronic agents, disclosure of information, online advertising and online dispute resolution in cross-border transactions. The continuing prevalence of unfair commercial practices will ensure this book remains in great demand.


Consumer Protection in Asia

Consumer Protection in Asia
Author: Geraint Howells
Publisher: Bloomsbury Publishing
Total Pages: 619
Release: 2022-08-25
Genre: Law
ISBN: 1509957553

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This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.


Innovation and the Transformation of Consumer Law

Innovation and the Transformation of Consumer Law
Author: Dan Wei
Publisher: Springer Nature
Total Pages: 466
Release: 2020-11-27
Genre: Law
ISBN: 9811589488

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This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.


Vulnerable Consumers and the Law

Vulnerable Consumers and the Law
Author: Christine Riefa
Publisher: Routledge
Total Pages: 250
Release: 2020-10-27
Genre: Law
ISBN: 1000209741

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This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.