Consumer Protection Legislation Research Articles

Electronic Commerce and Consumer Protection in Jordan: The Emerging Trend

Consumer protection and electronic commerce in Jordan are covered in this study. E-commerce is buying and selling things online. Jordan has seen a sharp increase in e-commerce, with more consumers and businesses doing business online. Consumer protection issues have been brought up by e-commerce. Jordanians who shop online run the danger of being taken advantage of. Consumers may also be misled by false advertising and refusals of returns and refunds. To protect online shoppers, this paper suggests that the Jordanian government and other interested parties address these issues. This can be accomplished by putting consumer protection legislation into place and supporting education and awareness campaigns. This study also highlights Jordan's need for e-commerce security. This can be accomplished through the use of secure payment methods and data protection laws for online businesses. This essay highlights Jordan's need to handle e-commerce and consumer safety. It underlines the necessity of legislation, instruction, and a secure e-commerce environment in order to safeguard online shoppers.

The EU legal framework for algorithmic recommender systems: I (don’t) know it when I see it

ABSTRACT E-commerce providers increasingly rely on recommender systems to curate online consumption. EU law requirements for such recommender systems were initially introduced in privacy legislation, but recent years have seen several new provisions on this topic in consumer protection legislation and platform regulation. However, the latter regulations are limited to online intermediaries and, just like privacy legislation, they merely require businesses that use recommender systems to provide transparency on this to consumers. Transparency is not a solution for the challenges that recommender systems pose because it is difficult to achieve (especially towards consumers) and is not enough to allow users to control recommendations. Furthermore, most of these tools rely on private enforcement, which has proved to be less than effective.

Risk management and risk communication of an illegal use of sulphites in meat preparations

Abstract This paper presents a case study on the management of a food fraud associated with health risks: the illegal use of sulphites in meat preparations and minced meat in Slovenia in 2019. The purpose is to highlight the shortcomings of existing systems for ensuring food safety in case of food frauds and highlight challenges for improvements. Sulphites are food additives but also have significant allergenic potential, hence they may cause serious reactions in sensitized consumers. Labelling of foods treated with sulphites is mandatory, and their use in meat and meat preparations in Europe is not allowed. However, certain food business operators may intentionally add sulphites into meat preparations to improve the sensory properties; besides being a food fraud, this exposes unaware consumers to health risks. The case started with the notification of an allergic-like reaction by a consumer following the consumption of a meat product. While the public authorities reacted by intensifying controls on markets and retailers, the analysis of risk management and risk communication aspects showed a number of shortcomings: slow response time; lack of recall of sulphite-treated meat products and of an in-depth risk assessment. The evaluation of this case study identified violations of food law regulations and consumer protection legislation. Effective risk management requires an interdisciplinary approach, integrating timely and targeted official control and risk communication throughout the food chain to protect consumers from unfair practices. Consistent, effective, and transparent communication among all actors who share responsibility in ensuring food safety is necessary to achieve improvements. This serious case of food fraud with actual risks to consumer health provided an opportunity for lessons to be learnt regarding managing health hazards from intervention to prevention.

Consumer Dispute in Electronic Transactions: State Obligation and Dispute Settlement Under Indonesia Consumer Protection Law

Purpose: The objective of this study is to identify and analyze the extent of governmental obligations under consumer protection laws in Indonesia with regards to the resolution of consumer disputes. Methods/design/approach: The chosen research methodology used in this study was normative juridical, which included a comprehensive analysis of law, jurisprudence, and scholarly literature. This study adopts a statutory method, whereby legal materials such as Law Number 8 of 1999 on Consumer Protection, the Laws, the Civil Code, and other relevant laws and regulations are used as the legal foundation. Results: The issue pertaining to consumer settlement in electronic transactions is analogous to the broader context of consumer dispute resolution. The regulatory framework for addressing such concerns is delineated in Chapter X of The Consumer Protection Act. The regulations pertaining to the rights and responsibilities of customers may be found in Articles 4 and 5 of Law No. 8 of 1999. Similarly, the rights and obligations of business actors are governed by Articles 6 and 7 of the same law. These articles govern the allocation or placement of consumers and corporate entities inside a business or trade transaction system. The provisions pertaining to the forbidden acts for business actors, as outlined in Law No. 8 of 1999, are specifically addressed in Articles 8 through 17. The need to oversee electronic transactions is stipulated in Article 29 and 30 of the consumer protection legislation. The overarching elucidation of these governmental rules posits that the oversight of consumer protection is conducted in collaboration between the government, the community, and LPKSM. Conclusion: Online conflicts are not included by the Consumer Protection Act; instead, they are within the purview of the ITE Law. The term "consumer" as defined in the Consumer Protection Act refers specifically to the ultimate consumer. In contemporary times, the task of discerning between end customers and non-end consumers has grown more challenging, hence impeding the practical application of this concept. Hence, it is imperative to undertake a revision of the Consumer Protection Act.

Самообследование как новое правовое средство охраны прав потребителей и повышения репутационного статуса предпринимателей

Abstract: Introduction. The article is devoted to the study of the procedure of self-inspection on compliance with mandatory requirements of consumer protection legislation as a recently introduced into law enforcement practice preventive means and the impact of its results on the reputation of entrepreneurs In order to improve the competitiveness of goods, works (services) in the consumer market and prevent possible violations, self-inspection of sellers of goods and performers of works (services) becomes especially important and allows to identify their strengths and weaknesses through internal audit before the state control (supervision) bodies point out and take appropriate measures. The purpose of the work is to analyse the peculiarities of implementation by business entities of self-investigation on consumer protection issues.
 Methods. The study uses a systematic approach, as well as methods of interpretation of legal norms, analysis and synthesis. The use of these methods in the study allowed us to consider the mechanism of self-inspection as part of the system of prevention of violations of mandatory requirements of the business community, to identify the features of interaction with other elements of the system, as well as to form a holistic view of it.
 Research results. The author proposes a scientific concept of self-inspection in the sphere under consideration (internal economic self-control). It is concluded that for the development of self-inspection as a preventive legal means it is necessary to expand its toolkit. The introduction of additional forms of selfcontrol is proposed.

CONSUMER LAW IN THE SYSTEM OF MODERN RUSSIAN LAW AND LEGISLATION

The article is devoted to determining the place of consumer law in the system of Russian law and in the system of Russian legislation. Having formed in Russian civil law initially as a functional institution of civil law protection of consumer rights, it later, together with the norms of branches of public law, forms an intersectoral institute of Russian law, and under the influence of codified civil legislation, especially due to the reform of the Civil Code of the Russian Federation, as well as the improvement of legislation on consumer protection and the practice of its application, occupies the place of a functional sub-branch in the structure of modern civil law. For more than thirty years, consumer law has also been formed as a complex branch of legislation, including normative acts containing norms of various branches of Russian law. Consumer law (consumer protection legislation) is characterized by a number of features (it includes numerous regulations of various hierarchical levels and combines legal regulation contained in codified civil legislation and special acts on consumer protection). This, on the one hand, seems to be a very progressive phenomenon, since the civil law regulation of contractual relations with the participation of consumers is elevated to the level of the Civil Code of the Russian Federation, and, on the other hand, this is done in part two of the Civil Code of the Russian Federation, as well as in certain federal laws, is often inconsistent or insufficiently successful.

Consumer protection legislation in South Africa and its impact on promotional strategies: Perspectives of retail businesses

In the past, unfair business practices resulted in consumers suffering a host of abuses. Poverty, unequal distribution of income and high litigation costs presented a challenge for consumers seeking justice. The Consumer Protection Act 68 of 2008 (CPA) was enacted to protect consumers and prohibit unfair business practices. It also placed restrictions on promotional methods. The overall aim of this paper is to evaluate, through the findings from an empirical study, how consumer protection legislation in South Africa impacts on promotional strategies of retail businesses. Using a qualitative methodology, the study evaluated the implications of the CPA for retail businesses in South Africa. It firstly, explored specific aspects pertaining to which provisions of the CPA affect the promotional efforts of retail businesses (small to medium) in Durban; and secondly, it determined the implications of the implementation of the CPA on promotional strategies of small to medium retail businesses in the Durban area. Eighteen structured interviews were conducted with marketing managers and business owners. The findings from the study identified several provisions of the CPA that have an impact on the way promotions are being conducted currently. The study also showed that preferences for promotional tools are based on cost and on reaching larger target audiences quickly, and that more expensive and labour-intensive measures were adopted to address the restrictions of the CPA. Keywords: CPA, retail businesses, labour-intensive

The Legality of Brushing Practices in the Viewpoint of Consumer Protection Law and Telematics Law

Instant profit-making patterns have been established by the current online purchasing and selling practices. For example, brushing is the activity of internet retailers or merchants fabricating favorable reviews or fraudulent endorsements to boost the reputation of their goods or services. When a customer receives a product or service that falls short of their expectations, brushing can be harmful. This study aims to investigate the legality of online buying and selling in Indonesia, specifically the practice of "brushing," or using fictitious orders, reviews, and buyers. The methods used are Statute Approach, Case Approach, Conceptual Approach, Analytical Approach, Theoretical Approach. The findings indicated that, from the standpoint of Indonesian telematics and consumer protection legislation, brushing activities frequently contravene a number of relevant rules and laws. As a result, brushing may be deemed unlawful in Indonesia and subject to penalties based on relevant legislation. In order to prevent brushing activities, it is critical that the government and regulatory agencies bolster law enforcement, protect consumers from brushing practices, and inform consumers of their rights in this regard. Enforcing stringent regulations and ensuring their efficient implementation are crucial for safeguarding consumers and upholding the integrity of Indonesia's online ecosystem.

LEGAL AND POLITICAL PERSPECTIVES ON CONSUMER PROTECTION LAWS IN POST-BREXIT BRITAIN: AN ANALYSIS

This article explores laws related to the protection of, and challenges to, consumer rights in the UK after its peoples’ decision to withdraw from the European Union (EU, henceforth) in 2016. Consumer protection laws are formulated and enacted to safeguard consumers from illegal and deceitful behavior of traders and salesmen, etc., and provide buyers with a range of legal guarantees and protections. These laws deal with a number of issues such as the safety of the products used by citizens, criminalize not only false advertising, but also excessive pricing, and breach of contract terms. In the UK, the main piece of consumer protection legislation is the Consumer Rights Act 2015. However, despite the existence of consumer protection laws and regulations, problems still occur, and consumers can still fall victim to fraudulent or unethical business practices. Therefore, it is important for consumers to be informed about their rights and to be vigilant in protecting themselves from scams and other forms of consumer fraud. Additionally, consumer protection is an issue that is constantly evolving as new technologies and business models emerge. For example, the rise of e-commerce and online marketplaces has created new challenges for consumer protection, as consumers may not always know who they are buying from or how to resolve disputes with online sellers. Keywords: Consumer Rights, UNO Guided Principles for consumer protection, Consumer rights and UK Legal System.

Law by Algorithm

Abstract— This review article offers a critical analysis of Horst Eidenmüller and Gerhard Wagner’s Law by Algorithm by focusing on four major sets of issues that are covered in this important work: (i) separate legal personality for artificial intelligence (AI) systems; (ii) the exploitation and protection of consumers; (iii) liability; and (iv) online dispute resolution. On separate legal personality, it is shown that neither unbundled products nor difficulties in proving that the systems resulted in damage or losses necessarily justify giving legal personality to AI systems. On consumer protection, it is argued that exploitation of consumers can be regulated by consumer protection legislation provided that reforms are made to remove enforcement hurdles. On liability, the issues arising from product liability legislation and problems associated with proving causation are critically examined. On online dispute resolution, smart contracts and self-driving contracts are distinguished, and a distinction is drawn between AI-assisted and AI-substitutionary adjudication.

ACTUAL PROBLEMS OF DETERMINING THE JURISDICTION OF CONSUMER DISPUTES

The most urgent problems of determining the jurisdiction of disputes involving consumers are considered. Legal uncertainty is revealed regarding the possibility of considering individual disputes related to consumer rights protection in courts at the location of the plaintiff. The conclusion is substantiated that the established law enforcement practice has made quite an effective attempt to solve the indicated problem of applying the norms of the current civil procedural legislation on jurisdiction. At the same time, the author expresses his opinion that such an approach seems to be extremely limited, since it does not give a full answer to the question why the sphere of inland waterway transport becomes an exception to the general rule on alternative jurisdiction of disputes involving consumers-citizens. To solve the identified problem, a proposal has been formulated to amend the current civil procedure legislation, namely: to exclude Part 3 of Article 30 of the Civil Procedure Code of the Russian Federation. It seems that such an approach will fully establish necessary balance between the interests of the consumer and the transport operator, and will also be more consistent with the fundamental principles of consumer protection legislation. an undoubted advantage of such a novelty will be elimination of contradictions in judicial practice in these disputes.

The Consumer Protection Approach in Kazakhstan

Abstract The paper explores current theoretical and practical challenges on the way to improve consumer protection in Kazakhstan in the existing environment. Kazakhstan consistently implements reforms to improve the national consumer protection system, given the growing public demand for better quality services in many areas of life. The entire consumer protection system is now being restructured to secure consumer rights based on here and now principle. Theoretical conclusions and proposals for improving consumer protection legislation and law enforcement practices were based on the research findings. More specifically, new administrative, judicial, blended protection approaches, enhancing consumer protection efficiency, were suggested following generalization of European practice. The study revealed common EU approaches to transition from the conventional administrative approach to a blended consumer legal protection approach. The research findings suggested that consumers may be protected only with the effective cooperation of all state bodies and consumer organizations.

Information in Consumer Contracts: Reforming Consumer Protection Law in Malaysia

AbstractThis article examines the effectiveness of the Consumer Protection Act 1999 in ensuring that Malaysian consumers can make informed decisions and that their interests are adequately protected in modern electronic commerce (e-commerce) transactions. It first identifies the key elements required of a modern consumer protection framework and subsequently uses this model as a yardstick to assess the legal frameworks in two jurisdictions. The first jurisdiction is Malaysia, a common law country that, although considered a potentially important regional player in the development of e-commerce, has a relatively underdeveloped consumer protection framework. The second jurisdiction is England and Wales, which is likewise a common law jurisdiction but one whose consumer protection framework has been influenced by European Union consumer protection policy and legislation that has further provided the impetus for significant legal reform in both offline and online environments. This article examines the extent to which the laws in both jurisdictions provide appropriate protection, considering countervailing issues (eg, protection of commercial innovation and competition) and identifying potential gaps in provision (eg, inadequate regulation of new platforms or business methods). Based on these analyses, the article proposes an ‘evergreen’ consumer protection framework to improve the legal landscape of e-commerce in Malaysia.

DEBT RELIEF FOR CONSUMERS − THE INTERACTION BETWEEN INSOLVENCY AND CONSUMER PROTECTION LEGISLATION (PART 1)

In March 2002 the Department of Trade and Industry established a task team to review the legislation that has an impact on consumer credit. This resulted in a detailed report containing proposals for a new regulatory framework for consumer credit. Subsequently, in June 2005 the National Credit Bill was tabled in Parliament. Measures aimed directly at resolving over-indebtedness in the form of debt re-arrangement are introduced by the Credit Bill. The report also highlighted weaknesses in the current insolvency legislation especially with regard to available debt relief measures for consumers. It should, however, be noted that the 2000 Insolvency Bill inter alia provides for an alternative to insolvency proceedings in the form of a pre-liquidation composition.This article examines the interaction between current and proposed insolvency and consumer protection legislation with regard to debt relief measures for consumers. The question arises whether the current and the proposed debt relief measures, when introduced, will not overlap unnecessarily. Furthermore, the question whether these measures will provide adequate relief to deal with current demands is also addressed. The South African Law Reform Commission when proposing the pre-liquidation composition in the Insolvency Bill, did not indicate what its relationship should be with the administration order procedure in terms of section 74 of the Magistrates Courts' Act. The question is therefore whether a need for administration orders will still exist if the proposed legislation relating to the pre-liquidation composition is introduced. Lastly, as South African law does not offer debt relief to debtors who have no income and no assets, proposals by the Department of Trade and Industry in the United Kingdom for a non-court based scheme of debt relief aimed at such debtors (the so-called “NINA” cases) are investigated in order to supply guidelines for South African law reform in this regard.It is submitted that the proposals in the Credit Bill on debt re-arrangement could assist debtors to manage their debt in certain circumstances. It is furthermore suggested that a combination of the proposed pre-liquidation composition and a modified administration order procedure could offer the necessary debt relief in situations where a debtor, apart from his debt in terms of a credit agreement, also has other outstanding debts. Finally, it is submitted that the “NINA” scheme could offer some guidance for the reform of South African law regarding debt relief to debtors who have no income and no assets.

Consumer Rights in the Republic of Kazakhstan and Their Legal Regulation: Transformation in the Context of Global Experience

The relevance of improving consumer protection legislation is due to many economic and legal factors, starting with the conceptualization of common concepts. Against the background of recent political and legal initiatives in the field of consumer protection, this issue has become particularly important for the Republic of Kazakhstan (RK). In this study, a retrospective analysis of consumer protection regulation was carried out. Global trends in legal regulation of consumer protection in the RK are considered in the light of their implementation in Kazakhstani legislation. The research implies to consider the trends in changing the legislation of the Republic of Kazakhstan in the field of consumer rights regulation from the point of view of the reception of world experience. In the study, the analysis of consumer rights protection in the multifaceted system of legal protection models is carried out and their classification is derived. As a result of a comprehensive analysis, it was concluded that it is expedient to implement the norms of international law, European law into the national legislation of Kazakhstan, modernized in 2020, taking into account the proven examples of global legal mechanisms and practices for protecting consumer rights.

DEBT RELIEF FOR CONSUMERS − THE INTERADEBT RELIEF FOR CONSUMERS − THDEBT RELIEF FOR CONSUMERS − THE INTERACTIE INTERACTION BETWEEN INSOLVENCY AND CONSUMER PROTECTION LEGISLATION (PART 2)CTION BETWEEN INSOLVENCY AND CONSUMER PROTECTION LEGISLATION (PART 2)

In March 2002 the Department of Trade and Industry established a task team to review the legislation that has an impact on consumer credit. This resulted in a detailed report containing proposals for a new regulatory framework for consumer credit. Subsequently, in June 2005 the National Credit Bill was tabled in Parliament. Measures aimed directly at resolving over-indebtedness in the form of debt rearrangement are introduced by the Credit Bill. The report also highlighted weaknesses in the current insolvency legislation especially with regard to available debt relief measures for consumers. It should, however, be noted that the 2000 Insolvency Bill inter alia provides for an alternative to insolvency proceedings in the form of a pre-liquidation composition. This article examines the interaction between current and proposed insolvency and consumer protection legislation with regard to debt relief measures for consumers. The question arises whether the current and the proposed debt relief measures, when introduced, will not overlap unnecessarily. Furthermore, the question whether these measures will provide adequate relief to deal with current demands is also addressed. The South African Law Reform Commission when proposing the pre-liquidation composition in the Insolvency Bill, did not indicate whatits relationship should be with the administration order procedure in terms of section 74 of the Magistrates Courts’ Act. The question is therefore whether a need for administration orders will still exist if the proposed legislation relating to the preliquidation composition is introduced. Lastly, as South African law does not offer debt relief to debtors who have no income and no assets, proposals by the Department of Trade and Industry in the United Kingdom for a non-court based scheme of debt relief aimed at such debtors (the so-called “NINA” cases) are investigated in order to supply guidelines for South African law reform in this regard. It is submitted that the proposals in the Credit Bill on debt re-arrangement could assist debtors to manage their debt in certain circumstances. It is furthermore suggested that a combination of the proposed pre-liquidation composition and a modified administration order procedure could offer the necessary debt relief in situations where a debtor, apart from his debt in terms of a credit agreement, alsohas other outstanding debts. Finally, it is submitted that the “NINA” scheme could offer some guidance for the reform of South African law regarding debt relief to debtors who have no income and no assets.

Transnational Consumer Protection in E-Commerce

This article deals with the protection of consumers when they enter e-commerce transactions with foreign companies. Most states reacted to the growing importance of e-commerce by enacting data protection and consumer protection legislation and by requiring registration of e-businesses. Companies have found a way to circumvent the consumer legislation by offering the consumers to agree to a choice of foreign courts and laws which are included in their terms and conditions. Consumers give away the protection of their home state simply by clicking to accept the general terms and conditions on the company’s website. The purpose of this article is to examine if the solutions and the experience from the United States and the European Union could serve as a model for transnational protection of consumers in e-commerce. The authors discuss the different levels of protection offered in the United States and the European Union and consider unification of the standards by a multilateral convention.

USE OF BIG DATA ANALYTICS AND SENSOR TECHNOLOGY IN CONSUMER INSURANCE CONTEXT: LEGAL AND PRACTICAL CHALLENGES

AbstractInsurers are increasingly using big data analytics and artificial intelligence in rating risks and customising insurance products particularly in the context of consumer insurance. The primary aim of this article is to elaborate the extent to which the legal rules in force could ensure that consumers are not treated unfairly as a result of the use of such disruptive technologies. Relevant insurance law principles and doctrines are also considered as part of this analysis. The article concludes that despite the protection provided to consumers by data and consumer protection legislation, unregulated and unlimited use of data analytics and algorithms in the risk assessment process could create significant difficulties for consumers. It is argued that further regulation, especially making regular audits essential for insurers employing such technologies in risk assessment process, is required. The article also finds that the use of artificial intelligence in customising insurance products does not present similar degree of difficulties for consumers.

UNCTAD's Technical Cooperation Programme on Consumer Protection for Latin America: COMPAL.

UNCTAD’s mandate is threefold. It facilitates consensus building, provides research and analysis and offers technical assistance and capacity building to developing countries and countries with economies in transition. Since the 1980s, UNCTAD has been providing technical assistance and capacity building for those same countries in adopting or revising consumer protection legislation and policies, also to increase complementarity with trade and industrial policies and as a means of achieving Sustainable Development Goals. UNCTAD’s COMPAL Programme has had a significant and positive impact in improving consumer protection regimes and institutions in Latin America. The EU and UNCTAD should partner in continuing and expanding COMPAL in the years to come for the benefit of Latin American and European consumers.

Средства «умного регулирования», влияющие на выбор потребителями полезных для здоровья продуктов

Introduction: choosing healthy foods is vital for every person. The means of legal regulation can be used to ensure healthy choices. The purpose of the study is to identify the main means of “smart regulation”, acceptable and effective in the field of relations with the participation of consumers. The paper uses the methods of description and interpretation; the theoretical methods of formal and dialectical logic. Results: taking into account the achievements of behavioral economics, it is necessary to recognize that a person is prone to irrational behavior, misjudging information, and possible risks. “Smart regulation” involves achieving the desired result in the simplest possible way, including the so-called “nudge”, which makes it easier to choose the desired behavior. Nudge tools in government regulation can be used to make choices in favor of healthy foods. The consumer protection legislation uses the methods to determine the architecture of consumer choice in favor of healthy, high-quality, safe food. The state can establish rules that require manufacturers to indicate a certain set of information on the product, and sellers – to lay out the products in such a way that the consumer’s attention is focused on healthy products. Conclusions: in relationships involving consumers, it is necessary to use “smart regulation” means to influence the choice of healthy foods. The basis for the use of such means is to bring to the attention of consumers proper and reliable information about the principles of a healthy diet, as well as about the product, its ingredients, and features. Such information can be placed in the form of product labels, which should be clear and understandable.