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Enforcement and Effectiveness of Consumer Law

2018-07-06 Law
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Release : 2018-07-06
Genre : Law
Kind : eBook
Book Rating : 315/5 ( reviews)

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Book Synopsis Enforcement and Effectiveness of Consumer Law by : Hans-W. Micklitz

Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz. This book was released on 2018-07-06. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law and Economics of Enforcing European Consumer Law

2016-03-03 Law
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Release : 2016-03-03
Genre : Law
Kind : eBook
Book Rating : 136/5 ( reviews)

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Book Synopsis The Law and Economics of Enforcing European Consumer Law by : Franziska Weber

Download or read book The Law and Economics of Enforcing European Consumer Law written by Franziska Weber. This book was released on 2016-03-03. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Consumer Theories of Harm

2019-09-19 Law
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Release : 2019-09-19
Genre : Law
Kind : eBook
Book Rating : 865/5 ( reviews)

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Book Synopsis Consumer Theories of Harm by : Paolo Siciliani

Download or read book Consumer Theories of Harm written by Paolo Siciliani. This book was released on 2019-09-19. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Vulnerable Consumers and the Law

2020-10-27 Law
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Release : 2020-10-27
Genre : Law
Kind : eBook
Book Rating : 709/5 ( reviews)

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Book Synopsis Vulnerable Consumers and the Law by : Christine Riefa

Download or read book Vulnerable Consumers and the Law written by Christine Riefa. This book was released on 2020-10-27. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Consumer Law and Economics

2020-08-31 Law
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Release : 2020-08-31
Genre : Law
Kind : eBook
Book Rating : 289/5 ( reviews)

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Book Synopsis Consumer Law and Economics by : Klaus Mathis

Download or read book Consumer Law and Economics written by Klaus Mathis. This book was released on 2020-08-31. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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