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Legal Enforcement Of Consumer Protection Laws


Legal Enforcement Of Consumer Protection Laws
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Enforcement And Effectiveness Of Consumer Law


Enforcement And Effectiveness Of Consumer Law
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Author : Hans-W. Micklitz
language : en
Publisher: Springer
Release Date : 2018-07-06

Enforcement And Effectiveness Of Consumer Law written by Hans-W. Micklitz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-06 with Law categories.


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.



Public And Private Enforcement Of Consumer Law Insights For Luxembourg


Public And Private Enforcement Of Consumer Law Insights For Luxembourg
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Author : Stephanie Law
language : en
Publisher:
Release Date : 2021-09-14

Public And Private Enforcement Of Consumer Law Insights For Luxembourg written by Stephanie Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Consumer protection categories.


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.



Legal Enforcement Of Consumer Protection Laws


Legal Enforcement Of Consumer Protection Laws
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Author : California. Legislature. Senate. Committee on Judiciary. Subcommittee on Consumer Protection Laws
language : en
Publisher:
Release Date : 1973

Legal Enforcement Of Consumer Protection Laws written by California. Legislature. Senate. Committee on Judiciary. Subcommittee on Consumer Protection Laws and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Consumer protection categories.




The Law And Economics Of Enforcing European Consumer Law


The Law And Economics Of Enforcing European Consumer Law
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Author : Franziska Weber
language : en
Publisher: Routledge
Release Date : 2016-03-03

The Law And Economics Of Enforcing European Consumer Law written by Franziska Weber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.


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.



Collective Enforcement Of Consumer Law


Collective Enforcement Of Consumer Law
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Author : W. H. van Boom
language : en
Publisher: ISBS
Release Date : 2007

Collective Enforcement Of Consumer Law written by W. H. van Boom and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


Recoge : 1. Collective private enforcement of consumer law. 2. Public and privatu transnational conforcemenment of EU consumer law. -- 3. Enforcement of consumers' collective interests by regulatory agencies in the Nordics countries. -- 4. The Dutcht consumer authority. -- 5. Enforcement of collective consumer interest : a competition law perspective. -- 6. Should consumer protection law be publicly enforced? An economic perspective on EC Regulation 2006/2004 and its implementattion in the consumer protection laws of the Member States. -- 7. Collectivism : evaluating the effectiveness of public and private models for regulating consumer protection. -- 8. Collective enforcement of consumer law in Europe ; private, public, and collective mechanisms.



New Frontiers Of Consumer Protection


New Frontiers Of Consumer Protection
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Author : Fabrizio Cafaggi
language : en
Publisher: Intersentia NV
Release Date : 2009

New Frontiers Of Consumer Protection written by Fabrizio Cafaggi and has been published by Intersentia NV this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.


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.



Legal Enforcement Of Consumer Protections Laws


Legal Enforcement Of Consumer Protections Laws
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Author : California. Legislature. Senate. Committee on Judiciary. Subcommittee on Consumer Protection Law
language : en
Publisher:
Release Date : 1973

Legal Enforcement Of Consumer Protections Laws written by California. Legislature. Senate. Committee on Judiciary. Subcommittee on Consumer Protection Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Consumer protection categories.




Protecting Consumers The System For Enforcing Consumer Law


Protecting Consumers The System For Enforcing Consumer Law
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Author : Great Britain: National Audit Office
language : en
Publisher: The Stationery Office
Release Date : 2011-06-15

Protecting Consumers The System For Enforcing Consumer Law written by Great Britain: National Audit Office and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-15 with Law categories.


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.



Consumer Protection In Asia


Consumer Protection In Asia
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Author : Geraint Howells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-25

Consumer Protection In Asia written by Geraint Howells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.


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.



Consumer Theories Of Harm


Consumer Theories Of Harm
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Author : Paolo Siciliani
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-19

Consumer Theories Of Harm written by Paolo Siciliani and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.


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.