Vulnerable Consumers And The Law

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Vulnerable Consumers and the Law

Author : Christine Riefa,Severine Saintier
Publisher : Routledge
Page : 250 pages
File Size : 53,6 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.

Vulnerable Consumers and the Law

Author : Christine Riefa,Severine Saintier
Publisher : Routledge
Page : 264 pages
File Size : 48,8 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.

Discrimination, Vulnerable Consumers and Financial Inclusion

Author : Cătălin-Gabriel Stănescu,Asress Adimi Gikay
Publisher : Routledge
Page : 291 pages
File Size : 44,8 Mb
Release : 2020-12-28
Category : Business & Economics
ISBN : 9781000295191

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Discrimination, Vulnerable Consumers and Financial Inclusion by Cătălin-Gabriel Stănescu,Asress Adimi Gikay Pdf

This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies – such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections – necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.

Access to Justice for Vulnerable and Energy-Poor Consumers

Author : Naomi Creutzfeldt,Chris Gill,Marine Cornelis,Rachel McPherson
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 41,5 Mb
Release : 2021-07-01
Category : Law
ISBN : 9781509939442

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Access to Justice for Vulnerable and Energy-Poor Consumers by Naomi Creutzfeldt,Chris Gill,Marine Cornelis,Rachel McPherson Pdf

How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Cranston's Consumers and the Law

Author : Colin Scott,Julia Black
Publisher : Cambridge University Press
Page : 598 pages
File Size : 52,7 Mb
Release : 2000-08
Category : Law
ISBN : 0406988021

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Cranston's Consumers and the Law by Colin Scott,Julia Black Pdf

The third edition of this text is designed to bring the reader up to date with developments in consumer law up to 1999. It includes material on utilities and financial services regulation.

Information Obligations and Disinformation of Consumers

Author : Gert Straetmans
Publisher : Springer Nature
Page : 565 pages
File Size : 50,6 Mb
Release : 2019-09-05
Category : Law
ISBN : 9783030180546

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Information Obligations and Disinformation of Consumers by Gert Straetmans Pdf

This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

The Yearbook of Consumer Law 2007

Author : Geraint Howells,Annette Nordhausen,Deborah Parry,Christian Twigg-Flesner
Publisher : Routledge
Page : 410 pages
File Size : 51,5 Mb
Release : 2018-12-18
Category : Law
ISBN : 9780429774249

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The Yearbook of Consumer Law 2007 by Geraint Howells,Annette Nordhausen,Deborah Parry,Christian Twigg-Flesner Pdf

First published in 2007, The Yearbook of Consumer Law provides a valuable guide to developments in the consumer law field with a domestic, regional and international dimension. The volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as sales, credit and safety, as well as more general issues, such as consumer law theory. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments or important court decisions. The book provides an essential resource for all those, academic and practitioner, working in the areas of consumer law and policy.

Internationalization of Consumer Law

Author : Mateja Durovic,Hans W. Micklitz
Publisher : Springer
Page : 89 pages
File Size : 51,7 Mb
Release : 2016-11-11
Category : Political Science
ISBN : 9783319453125

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Internationalization of Consumer Law by Mateja Durovic,Hans W. Micklitz Pdf

This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.

Traveller Vulnerability in the Context of Travel and Tourism Contracts

Author : Maria Goretti Sanches Lima
Publisher : Springer
Page : 226 pages
File Size : 44,8 Mb
Release : 2018-11-03
Category : Law
ISBN : 9783319983769

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Traveller Vulnerability in the Context of Travel and Tourism Contracts by Maria Goretti Sanches Lima Pdf

The book highlights the link between consumers and travellers, identifying the meaning of vulnerability in Brazil and the EU. It also covers different types of contracts for tourism and travel services, including online booking processes. Only after 2015, as a result of the directive on package travel and linked travel arrangements, did the EU begin viewing travellers as consumers in the sense of Union Consumer Law; conversely, in Brazil, the traveller has no legal status whatsoever and is considered solely a consumer. As the traveller is implicitly a consumer he/she is subject to vulnerability. However, the definition of vulnerability differs considerably between Brazil and the EU: while in Brazil it is a principle stemming from the Consumer Defence Code, covering all consumers, in the EU vulnerability is not an established principle. In the EU, although the average consumer is assumed to be reasonably well informed, observant and circumspect, they are also recognised as the weaker party in the contract. That recognition does not fit with the notion of "confident consumer". Vulnerable consumers in the EU are those whose individual characteristics, such as their age, physical or mental infirmity, or credulity, make them particularly susceptible to unfair commercial practices. Conversely, in Brazil these consumers are seen as being hyper-vulnerable, rather than solely vulnerable. In this context, travellers are in a weaker position than regular consumers buying goods or services, because they are outside of their domicile or jurisdiction for a brief or extended period of time. This book examines two types of traveller vulnerability that make travellers, particularly international ones, a special type of consumers: 1. External and 2. Legal (jurisdiction). Travellers’ vulnerability mainly stems from consumers travelling to different markets and different cultures. As such, they are subject to different laws that require special global attention. While both the EU and Brazilian system have their respective advantages and disadvantages, the goal of both must be to further increase protection for travellers, including business travellers. In consumer societies, the traveller is indeed a consumer by logical causation and hence a “special consumer”.

Consumer Vulnerability and Welfare in Mortgage Contracts

Author : Irina Domurath
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 44,8 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781509913411

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Consumer Vulnerability and Welfare in Mortgage Contracts by Irina Domurath Pdf

This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.

Consumer Theories of Harm

Author : Paolo Siciliani,Christine Riefa,Harriet Gamper
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 50,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509916870

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Consumer Theories of Harm by Paolo Siciliani,Christine Riefa,Harriet Gamper Pdf

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.

Consumer Law and Socioeconomic Development

Author : Claudia Lima Marques,Dan Wei
Publisher : Springer
Page : 472 pages
File Size : 47,6 Mb
Release : 2017-07-14
Category : Law
ISBN : 9783319556246

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Consumer Law and Socioeconomic Development by Claudia Lima Marques,Dan Wei Pdf

This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

Rethinking EU Consumer Law

Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 43,6 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321

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Rethinking EU Consumer Law by Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson Pdf

In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.

Undue Influence

Author : Sandra D. Glazier,Thomas M. Dixon (Lawyer),Thomas F. Sweeney (Lawyer)
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 2020
Category : Undue influence
ISBN : 1641056177

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Undue Influence by Sandra D. Glazier,Thomas M. Dixon (Lawyer),Thomas F. Sweeney (Lawyer) Pdf

"This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--

Consumer Protection and the Law

Author : Dee Pridgen,Richard M. Alderman,Jolina C. Cuaresma
Publisher : Unknown
Page : 1785 pages
File Size : 41,8 Mb
Release : 2019
Category : Consumer protection
ISBN : OCLC:1136492051

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Consumer Protection and the Law by Dee Pridgen,Richard M. Alderman,Jolina C. Cuaresma Pdf