Enforcement And Effectiveness Of Consumer Law PDF Download
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| Author | : Hans-W. Micklitz |
| Publisher | : Springer |
| Total Pages | : 717 |
| Release | : 2018-07-06 |
| Genre | : Law |
| ISBN | : 3319784315 |
Download Enforcement and Effectiveness of Consumer Law Book in PDF, ePub and Kindle
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
| Author | : Franziska Weber |
| Publisher | : Routledge |
| Total Pages | : 336 |
| Release | : 2016-03-03 |
| Genre | : Law |
| ISBN | : 1317026144 |
Download The Law and Economics of Enforcing European Consumer Law Book in PDF, ePub and Kindle
In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.
| Author | : Paolo Siciliani |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 248 |
| Release | : 2019-09-19 |
| Genre | : Law |
| ISBN | : 1509916865 |
Download Consumer Theories of Harm Book in PDF, ePub and Kindle
It has long been thought that fairness in European Consumer Law would be achieved by relying on information as a remedy and expecting the average consumer to keep businesses in check by voting with their feet. This monograph argues that the way consumer law operates today promises a lot but does not deliver enough. It struggles to avoid harm being caused to consumers and it struggles to repair the harm after the event. To achieve fairness, solutions need to be found elsewhere. Consumer Theories of Harm offers an alternative model to assess where and how consumer detriment may occur and solutions to prevent it. It shows that a more confident use of economic theory will allow practitioners to demonstrate how a poor standard of professional diligence lies at the heart of consumer harm. The book provides both theoretical and practical examples of how to combine existing law with economic theory to improve case outcomes. The book shows how public enforcers can move beyond the dominant transparency paradigm to an approach where firms have a positive duty to treat consumers fairly and shape their commercial offers in a way that prevents consumers from making mistakes. Over time, this 'fairness-by-design' approach will emerge as the only acceptable way to compete.
| Author | : Christine Riefa |
| Publisher | : Routledge |
| Total Pages | : 264 |
| Release | : 2020-10-27 |
| Genre | : Law |
| ISBN | : 1000209709 |
Download Vulnerable Consumers and the Law Book in PDF, ePub and Kindle
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.
| Author | : Klaus Mathis |
| Publisher | : Springer Nature |
| Total Pages | : 326 |
| Release | : 2020-08-31 |
| Genre | : Law |
| ISBN | : 3030490289 |
Download Consumer Law and Economics Book in PDF, ePub and Kindle
This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
| Author | : Great Britain: National Audit Office |
| Publisher | : The Stationery Office |
| Total Pages | : 48 |
| Release | : 2011-06-15 |
| Genre | : Law |
| ISBN | : 9780102969733 |
Download Protecting consumers - the system for enforcing consumer law Book in PDF, ePub and Kindle
Unfair treatment of consumers, ranging from pressure selling to systematic scams by criminals, is costing billions of pounds each year - but the system for enforcing consumer law is not delivering value for money. The overall scale of this so-called 'consumer detriment', particularly that caused by doorstep crime, is not being properly evaluated, leading to the inefficient allocation of resources. Although much detriment occurs at the regional and national level, incentives are weighted against a coordinated approach which goes beyond local areas. While there are no reliable figures, NAO estimates the cost of detriment which cannot be tackled at local level is more than £4.8 billion each year. Central government provides annual funding of £34 million to tackle crime which crosses the borders between local authorities, but this is relatively low compared to the scale of the problem. The Department for Business, Innovation and Skills estimates that the annual funding for Trading Standards Services will reduce from £213 million to about £140 million-£170 million by 2014, affecting action to address this problem. The framework for prioritizing and allocating cases, introduced by the Office of Fair Trading, is not being applied as intended. But formal structures for supporting the model are not in place in seven of the eleven regions, and there is still a lack of clarity over who should be taking cases forward. As a result, the OFT has been able to take enforcement action on only two of the 15 cases referred to it in the last two years.
| Author | : Stephanie Law |
| Publisher | : |
| Total Pages | : 504 |
| Release | : 2021-09-14 |
| Genre | : Consumer protection |
| ISBN | : 9783848785681 |
Download Public and Private Enforcement of Consumer Law - Insights for Luxembourg Book in PDF, ePub and Kindle
The key challenge in the field of consumer protection lies in ensuring that the rights derived from EU consumer law can be effectively enforced in national legal systems, facilitating access to justice and promoting adequate redress. Through a comparative analysis of the legal and policy frameworks of enforcement in six European legal systems, this book examines the most recent developments in EU consumer law, the challenges to which these developments give rise and the scope for reform that they entail; in so doing, the authors critically evaluate the parameters of the public and private institutional framework for the enforcement of consumer law, both at the EU and national levels.
| Author | : Franziska Weber |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
Download Assessing Existing Enforcement Mechanisms in Consumer Law Book in PDF, ePub and Kindle
From an economic point of view, there has to be a rationale for government intervention in markets in the form of consumer protection laws. This rationale results from economic inefficiencies in markets: particularly the occurrence of market failures. If markets do not work properly, inefficient contracts are concluded and consumer interests are assumed to be hurt. The focus of this paper is on enforcement, which is crucial in forming the incentives and deterrents that serve to change people's behaviourin a way to induce compliance with the law. Enforcement is crucial to empower consumers. While substantive consumer law has been widely harmonized within the European Union, this is much less the case as to procedural laws. It lies in the nature of consumer laws that they cannot be classified as one set of rules. Consumer problems lie on the borderline of private/public and social/commercial problems, which is why various branches of law can be triggered in terms of both substantive law and enforcement. Private, administrative, and criminal law are the given options. Alternative dispute resolution and self-regulation are to be considered as well. While there are different goals of enforcement (e.g. compensation, fairness etc.), from a law and economics perspective enforcement efforts are usually discussed from a deterrence perspective. Although the deterrence theory was developed in the context of criminal law, it has been extended in the meantime to law enforcement in general. It is along the lines of this theory that this paper sets out the main strengths and weaknesses of existing enforcement mechanisms by referring to a set of established factors that influence people's incentives (free-riding behaviour and principal-agent issues, to mention just two). Deterrence of the systems as they exist in reality shall be assessed, and it will be demonstrated that their economic weaknesses in particular can lead the way to necessary changes in legal systems in order to optimise deterrence.
| Author | : Katherine Porter |
| Publisher | : Aspen Publishing |
| Total Pages | : 851 |
| Release | : 2016-05-27 |
| Genre | : Law |
| ISBN | : 1454860855 |
Download Modern Consumer Law Book in PDF, ePub and Kindle
Modern Consumer Law is a lively, concise, problem-focused text on contemporary consumer law. It is the only text on the market conceptualized after Dodd-Frank and its creation of the Consumer Financial Protection Bureau. The book takes a functional approach to consumer law, looking at types of transactions such as mortgages as well as kinds of laws such as disclosure rules. It examines core theoretical questions in an accessible way, revealing consumer law as a series of statutes built on the common law foundations of contract and tort. Organized into 28 class-sized assignments, the book is easy to adapt to a teacher’s preferences in terms of focus and class credits. The problems provide students with the opportunity to apply statutes to realistic situations and ask them to consider the perspectives of consumers, businesses, and lawmakers. Katherine Porter is a national expert in consumer law and a co-author of Wolter Kluwer’s The Law of Debtors and Creditors.
| Author | : Dan Wei |
| Publisher | : Springer Nature |
| Total Pages | : 466 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 9811589488 |
Download Innovation and the Transformation of Consumer Law Book in PDF, ePub and Kindle
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.
