The Law Of Consumer Redress In An Evolving Digital Market

Author : Pablo Cortés
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,9 Mb
Release : 2018-12-06
Category : Law
ISBN : 1107437296

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The Law of Consumer Redress in an Evolving Digital Market by Pablo Cortés Pdf

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.

Author : Pablo Cortés
Publisher : Cambridge University Press
Page : 329 pages
File Size : 47,8 Mb
Release : 2017-10-05
Category : Business & Economics
ISBN : 9781107079007

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The Law of Consumer Redress in an Evolving Digital Market by Pablo Cortés Pdf

This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.

Author : Cortés, Pablo
Publisher : Unknown
Page : 330 pages
File Size : 46,7 Mb
Release : 2024-05-19
Category : Electronic
ISBN : 9781108604437

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The Law of Consumer Redress in an Evolving Digital Market by Cortés, Pablo Pdf

Author : Christine Riefa,Severine Saintier
Publisher : Routledge
Page : 250 pages
File Size : 46,5 Mb
Release : 2020-10-27
Category : Law
ISBN : 9781000209747

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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.

Author : Geraint Howells,Hans-W Micklitz,Mateja Durovic,André Janssen
Publisher : Bloomsbury Publishing
Page : 619 pages
File Size : 54,6 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781509957545

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Consumer Protection in Asia by Geraint Howells,Hans-W Micklitz,Mateja Durovic,André Janssen Pdf

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.

Author : Dan Wei,James P. Nehf,Claudia Lima Marques
Publisher : Springer Nature
Page : 466 pages
File Size : 40,9 Mb
Release : 2020-11-27
Category : Law
ISBN : 9789811589485

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Innovation and the Transformation of Consumer Law by Dan Wei,James P. Nehf,Claudia Lima Marques Pdf

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.

Author : Jane K. Winn
Publisher : Routledge
Page : 472 pages
File Size : 54,8 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317161202

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Consumer Protection in the Age of the 'Information Economy' by Jane K. Winn Pdf

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.

Author : Pablo Cortés
Publisher : Oxford University Press
Page : 512 pages
File Size : 53,7 Mb
Release : 2016-12-01
Category : Law
ISBN : 9780191079085

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The New Regulatory Framework for Consumer Dispute Resolution by Pablo Cortés Pdf

Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Author : Hans-W. Micklitz,Geneviève Saumier
Publisher : Springer
Page : 717 pages
File Size : 50,8 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.

Author : Cristina Coteanu
Publisher : Routledge
Page : 288 pages
File Size : 54,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351946575

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Cyber Consumer Law and Unfair Trading Practices by Cristina Coteanu Pdf

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.

Author : Pietro Ortolani,André Janssen,Pieter Wolters
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 49,8 Mb
Release : 2022-10-11
Category : Law
ISBN : 9789403518169

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International Arbitration and Technology by Pietro Ortolani,André Janssen,Pieter Wolters Pdf

Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.

Author : Vanessa Mak
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 51,6 Mb
Release : 2020-09-10
Category : Law
ISBN : 9780198854487

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Legal Pluralism in European Contract Law by Vanessa Mak Pdf

This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.

Author : Amy J. Schmitz,Colin Rule
Publisher : Unknown
Page : 149 pages
File Size : 48,6 Mb
Release : 2017
Category : Consumer protection
ISBN : 1634257685

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The New Handshake by Amy J. Schmitz,Colin Rule Pdf

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

Author : Charles E. F. Rickett,Thomas G. W. Telfer
Publisher : Cambridge University Press
Page : 444 pages
File Size : 44,8 Mb
Release : 2003-03-20
Category : Law
ISBN : 9781139436823

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International Perspectives on Consumers' Access to Justice by Charles E. F. Rickett,Thomas G. W. Telfer Pdf

Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena. Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions. This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.

Author : Massimo Ragnedda,Giuseppe Destefanis
Publisher : Routledge
Page : 329 pages
File Size : 42,8 Mb
Release : 2019-07-09
Category : Social Science
ISBN : 9780429639203

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Blockchain and Web 3.0 by Massimo Ragnedda,Giuseppe Destefanis Pdf

Blockchain is no longer just about bitcoin or cryptocurrencies in general. Instead, it can be seen as a disruptive, revolutionary technology which will have major impacts on multiple aspects of our lives. The revolutionary power of such technology compares with the revolution sparked by the World Wide Web and the Internet in general. Just as the Internet is a means of sharing information, so blockchain technologies can be seen as a way to introduce the next level: sharing value. Blockchain and Web 3.0 fills the gap in our understanding of blockchain technologies by hosting a discussion of the new technologies in a variety of disciplinary settings. Indeed, this volume explains how such technologies are disruptive and comparatively examines the social, economic, technological and legal consequences of these disruptions. Such a comparative perspective has previously been underemphasized in the debate about blockchain, which has subsequently led to weaknesses in our understanding of decentralized technologies. Underlining the risks and opportunities offered by the advent of blockchain technologies and the rise of Web 3.0, this book will appeal to researchers and academics interested in fields such as sociology and social policy, cyberculture, new media and privacy and data protection.