Protecting Consumers The System For Enforcing Consumer Law

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Protecting consumers - the system for enforcing consumer law

Author : Great Britain: National Audit Office
Publisher : The Stationery Office
Page : 48 pages
File Size : 45,7 Mb
Release : 2011-06-15
Category : Law
ISBN : 0102969736

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Protecting consumers - the system for enforcing consumer law by Great Britain: National Audit Office Pdf

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.

Vulnerable Consumers and the Law

Author : Christine Riefa,Severine Saintier
Publisher : Routledge
Page : 264 pages
File Size : 51,5 Mb
Release : 2020-10-27
Category : Law
ISBN : 9781000209709

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Vulnerable Consumers and the Law by Christine Riefa,Severine Saintier Pdf

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.

Enforcement and Effectiveness of Consumer Law

Author : Hans-W. Micklitz,Geneviève Saumier
Publisher : Springer
Page : 717 pages
File Size : 55,9 Mb
Release : 2018-07-06
Category : Law
ISBN : 9783319784311

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Enforcement and Effectiveness of Consumer Law by Hans-W. Micklitz,Geneviève Saumier Pdf

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.

Protecting consumers - the system for enforcing consumer law

Author : Great Britain: Parliament: House of Commons: Committee of Public Accounts
Publisher : The Stationery Office
Page : 56 pages
File Size : 43,8 Mb
Release : 2011-11-09
Category : Business & Economics
ISBN : 0215038541

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Protecting consumers - the system for enforcing consumer law by Great Britain: Parliament: House of Commons: Committee of Public Accounts Pdf

The Commons Public Accounts Committee publishes its 54th report of Session 2010-12, on the basis of evidence from consumer groups, the Department for Business, Innovation and Skills, the Office of Fair Trading, and the Trading Standards Institute, examining the current arrangements for the enforcement of consumer law, and the proposed changes to the regime. Individual consumers lose around £6.6 billion every year because of the malpractices of traders. At least £4.8 billion is lost through malpractices which occur at a regional or national level, such as mass market scams, counterfeiting, and unscrupulous traders who operate over large geographical areas. The Department has overall responsibility for policy on consumer protection. However, the majority of enforcement work, from weights and measures testing to the prosecution of rogue traders, is carried out by local authority Trading Standards Services, each with jurisdiction in only its own local area. The Committee states, that the Department has limited understanding of the true cost of protecting consumers or of the success of existing interventions. There is no clear and complete information on how much enforcement activity actually costs. The approach to enforcing consumer protection has not kept pace with the changing nature of the problems it is intended to tackle, such as online shopping. Any changes the Department makes must deliver a system fit for the modern era. Responsibility for tackling regional and national instances of malpractice or rogue trading must be clearly designated.

Public and Private Enforcement of Consumer Law - Insights for Luxembourg

Author : Stephanie Law,Vincent Richard
Publisher : Unknown
Page : 504 pages
File Size : 53,9 Mb
Release : 2021-09-14
Category : Consumer protection
ISBN : 3848785684

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Public and Private Enforcement of Consumer Law - Insights for Luxembourg by Stephanie Law,Vincent Richard Pdf

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.

New Frontiers of Consumer Protection

Author : Fabrizio Cafaggi
Publisher : Intersentia NV
Page : 472 pages
File Size : 52,7 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134464952

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New Frontiers of Consumer Protection by Fabrizio Cafaggi Pdf

Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.

The European Unfair Commercial Practices Directive

Author : Dr Orkun Akseli,Professor Amandine Garde,Professor Willem van Boom
Publisher : Ashgate Publishing, Ltd.
Page : 289 pages
File Size : 40,7 Mb
Release : 2014-09-28
Category : Law
ISBN : 9781472423429

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The European Unfair Commercial Practices Directive by Dr Orkun Akseli,Professor Amandine Garde,Professor Willem van Boom Pdf

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

A Guide to the Consumer Protection Act

Author : Evert Philippus Van Eeden
Publisher : Unknown
Page : 472 pages
File Size : 45,6 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105133318712

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A Guide to the Consumer Protection Act by Evert Philippus Van Eeden Pdf

Access to Justice for the Chinese Consumer

Author : Ling Zhou
Publisher : Bloomsbury Publishing
Page : 176 pages
File Size : 40,9 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509931064

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Access to Justice for the Chinese Consumer by Ling Zhou Pdf

This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Consumer Protection Law in a Nutshell

Author : Dee Pridgen
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2020
Category : Consumer credit
ISBN : 1647087139

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Consumer Protection Law in a Nutshell by Dee Pridgen Pdf

"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as raising claims and defenses against third party financers (Holder in Due Course), warranties, default and debt collection, are included. Last but not least, there is a chapter on the law affecting various forms of payment for consumer transactions, including credit and debit cards.."--Publisher.

Textbook on Consumer Law

Author : David W. Oughton,John Lowry
Publisher : Unknown
Page : 582 pages
File Size : 47,5 Mb
Release : 1997
Category : Consumer protection
ISBN : STANFORD:36105061863556

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Textbook on Consumer Law by David W. Oughton,John Lowry Pdf

Based on the earlier Consumer law: texts, cases and materials by David Oughton, this title explains the general theories which underlie consumer protection law and the ways in which they are applied.

Consumer Protection Strategies

Author : Carolyn B. Helliwell,Steven M. Jung
Publisher : Unknown
Page : 78 pages
File Size : 40,9 Mb
Release : 1975
Category : Reference
ISBN : IND:39000003382624

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Consumer Protection Strategies by Carolyn B. Helliwell,Steven M. Jung Pdf

Consumer Policy Toolkit

Author : OECD
Publisher : OECD Publishing
Page : 126 pages
File Size : 44,9 Mb
Release : 2010-07-09
Category : Electronic
ISBN : 9789264079663

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Consumer Policy Toolkit by OECD Pdf

This book examines how markets have evolved and provides insights for improved consumer policy making. It explores, for the first time, how what we have learned through the study of behavioural economics is changing the way policy makers are addressing problems.

The Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices

Author : United Nations. General Assembly,United Nations Conference on Trade and Development
Publisher : New York : United Nations
Page : 28 pages
File Size : 47,9 Mb
Release : 1981
Category : Competition, Unfair
ISBN : UOM:39015026968662

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The Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices by United Nations. General Assembly,United Nations Conference on Trade and Development Pdf

Privacy Online

Author : United States. Federal Trade Commission
Publisher : Unknown
Page : 250 pages
File Size : 43,8 Mb
Release : 1998
Category : Data protection
ISBN : UOM:39015043092082

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Privacy Online by United States. Federal Trade Commission Pdf