Field Of Consumer Protection Research Articles

Alternative logics coexistence and collaboration: the consumer protection field

PurposeThe purpose of this paper is to examine the conditions that allow the co-existence of alternative logics in an institutional field for an extended period.Design/methodology/approachThis is a case study that examined the complaint-handling processes of phone companies based on documentary research, which provided the information that allowed the development of a script to interview organizational actors in this field.FindingsThe explanation for this behavior that does not attempt to deinstitutionalize other institutions’ practices relates to the actors’ need for the other field participants’ collaboration to improve their activities.Research limitations/implicationsThe specific characteristics of the Brazilian context can only suggest that alternative logics may coexist, which therefore opens opportunities for future studies to discuss the possible reproduction of these results in other societies. Similarly, because this research was restricted to the complaint field, other studies conducted in fields where actors are faced with alternative possibilities, such as with the judicial system, should examine and expand on these concepts. This study sought to cover the viewpoints of multiple important actors in the field to cover the whys and hows these logics coexist. However, a more comprehensive availability of respondents might have brought still better insights to the study.Practical implicationsOne implication of this study is the fact that firms in Brazil must be aware of the alternative redress channels that are available to consumers. The different procedural norms can cause a great deal of annoyance because firms have to be updated with all of them and eventually build specialized teams to address them. The awareness of the existence of multiple logics in this field should orient the Brazilian telephony industry’s regulator in formulating policies that take this fact into consideration. To do this, the regulator should consider a regular consultation forum in which the main consumer protection organizations and government agencies gather to discuss improvements given that there is already informal collaboration. Public policy should also take into consideration the fact that consumers do not complain most of the time for lack of knowledge or disbelief in supporting organizations.Originality/valueThe main contribution is the alternative logics notion in addressing complaints in this field. This is an issue that has not been practically explored in the literature. The difference between an alternative logic and a competing one lies in the fact that the practices, structures and symbols in the first case represent alternative possibilities for actors to achieve a specific objective, whereas in the second case, the weaker logics tend to disappear due to a stronger one.

Italian 'Class Action' Suits in the Field of Consumer Protection: 2016 Update

Italian 'Class Action' Suits in the Field of Consumer Protection: 2016 Update

Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia

Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.

Zaštita prava potrošača u Republici Hrvatskoj s posebnim osvrtom na ugovore sklopljene izvan poslovnih prostorija ponuditelja i ugovore na daljinu

The aim of this paper is to present consumer protection in Croatia with special emphasis on distance and off-premises contracts. The focus in this paper is on a rather narrow, but extremely important field of consumer protection. Namely, it depicts situations in which consumer is unprepared and unable to reconsider a purchase of a certain product or service. In the first part of the paper a brief overview of the development of consumer protection in Croatia is presented, from the Stabilization and Association Agreement in 2001 until the present. Then, in the second part of the paper novelties which were brought to the „new“ Consumer protection Act by the implementation of Directive 2011/83/EU on consumer rights, in the manner that regulation of distance contracts are presented prior to the regulation of off-premises contracts. In the third part of the paper establishment of out-of-court resolution of consumer disputes according to Directive on alternative dispute resolution for consumer disputes (Directive on consumer ADR) and Regulation on online dispute resolution for consumer disputes (Regulation on consumer ODR) are presented. Solutions which could enable simplified and efficient resolution of both national and cross-border disputes within a system of alternative dispute resolution for consumer disputes originating from distance and off-premises contracts are analysed and a critical consideration of their implementation in Croatian consumer protection legislation is carried out.

English

The purpose of this research was explain how the substance of the law against the perpetrators of the oversight arrangements of effort in producing quality products contained in the legislation in the field of consumer protection, explain how the implementation of surveillance against perpetrators of effort in producing quality products, explain how the form of the application of the sanctions for the perpetrators of the attempt that violates the provisions of the legislation in making products that are not qualified. Research conducted in the framework of this dissertation outlines is of type socio-juridical, because in addition to researching the secondary legal materials in the form of regulations, manual and electronic law library, relevant research results in the field of law of particular problems in the field of consumer protection and other written materials, as well as researching various legal facts about the implementation of surveillance against perpetrators of effort in producing quality products and its implications for consumer protection This is the case, the form of the application sanctions. The results showed that 1). The substance of the law against the perpetrators of the oversight arrangements of effort in producing quality products that are found in a wide range of legislation in the field of consumer protection is basically adequate. 2). surveillance of implementation against the perpetrators of the work done by the three main pillars of supervision: the Government, communities and non-governmental Consumer Protection Agency (LPKSM) is not yet effective due to still having a lot of constraints. 3). The form of the application of the sanctions for the perpetrators of the attempt that violated regulations in making a quality product, it is still better to put forward sanctions administrative compared to criminal sanctions and civil penalties.

Transposition of the Directive 2011/83/EU on consumer rights - A challenge to national legislators

Abstract: In the area of European contract law legal area most affected by the process of harmonization, and consequently the process of revision is the area of consumer protection. Because in the last few decades most intense legislative activity is manifested in the adoption of consumer directives. Transposing consumer directives member states have recognized the opportunity of their own economic development, since the improvement of trade is only possible if consumers enjoy the same rights no matter where in the territory of the European Union conclude contracts . This paper is focused on new horizontal instrument of European consumer law, Directive 2011/83/EU on consumer rights. Directive 2011/83/EU is a pioneering step towards building a coherent European consumer protection law, and in this light will be indicated the problem questions that arise in the process of harmonization of regulation Member States with Directive 2011/83/EU, keeping in mind the maximum harmonization clause. Also critically will be considered the process of harmonization of positive legislation with the Acquis in the field of consumer protection.

Improving consumer protection in the Western Balkans in accordance with European Union standards

The goal of this paper is to present current developments in the field of consumer protection of the Western Balkans. An analysis of problems and issues observed during the implementation of the basic principles, commitments, and legislation in accordance with European principles was studied. Consumer protection is a wide-ranging and significant policy. It is complex, dynamic, comprehensive and specific. It is important to develop a sustainable strategy for continuous improvement of the status of consumers. The preconditions for the protection of consumers in a sustainable, comprehensive and efficient way in the Balkans is development of consumer protection strategies that meet the EU standards.

Albanian Institutions on Consumer Protection According to the Law no. 9902, Dated 17.04.2008 “On Consumer Protection”

The Stabilization and Association Agreement raised a lot of obligation for Albanian State. This act does not impose only the necessity of approximation of the legislation, but also the obligation to establish real and effective institutions. This article analyzes the institutions on consumer protection provided by law “On consumer protection”. Only these authorities are in the focus of this article. It does analyze the other institutions that protect consumer, which are established or ruled under each law that offers protection to the consumers. The author offers a general view on the competences and the composition of them, ruled from this law and some others. Along the whole article, the authors give their conclusions and the recommendations on the role and the importance of these institutions in the field of consumer protection. The whole analyze of all the institutions that operate in the field of consumer protection will be part of another article. DOI: 10.5901/mjss.2014.v5n16p108

Legislative changes in the field of consumer collective redress

Subject of this paper is the comparative analysis of the system of collective redress in the field of consumer protection contained in the Law on Consumer Protection from 2010 and the new Law on Consumer Protection from 2014. While the previous Law on Consumer Protection contained the provisions on collective redress in litigation proceedings, the new Law on Consumer Protection provided for collective redress in administrative proceedings. Therefore, analysis of advantages and disadvantages of both systems is provided, limited to: (i) meaning of the collective interest, (ii) dispersion of the motion for collective redress in Serbian law and (iii) analysis of requests which could have been raised in the litigation proceedings and scope of protection granted in administrative proceedings.

Consumer’s Protection in Insurance Sector after Consolidation of Financial Markets’ Supervision

The crisis and its impacts have underscored yet again how important to fulfill consumer protection requirement in this specific field. Therefore, in this article we analyze the insurance sector related consumer protection. We emphasize that as of 1 January 2012 Lithuania made the significant financial markets supervision reform. Therefore, Bank of Lithuania (central bank of the Republic of Lithuania) is now the centralized financial market supervisor that is responsible for the consumer’s protection in this sector. After reform the Bank of Lithuania acts as independent “referee” who looks at both sides of the insurance dispute, makes enquiries, asks questions and comes up with a solution (recommendation) that he believes is fair. It is worth to stress that the out-of-court settlement procedure is not binding, therefore in some cases out-of-court settlement procedure is not efficient enough. In the article we also rise the public administration problem – in some cases State Consumer Rights Protection Authority that is the main institution in the field of consumer protection, may revise the standard insurance contract terms. Such public administration functions are also delegated to the Bank of Lithuania. Therefore, where the insurance-related consumer dispute rises, it is not clear which public institution is responsible to provide the competent opinion on insurance contract standard terms fulfillment with consumer protection laws.

Unfair Terms in Contracts Concluded Between Traders and Consumers, in Romanian and European Law

The European Union's internal market has the potential to become the largest retail market in the world, but at the moment it is fragmented into 27 markets, hence the market is created within national borders. Technical progress and open e-commerce opportunities are way ahead of consumer behaviour and even the dealer’s. There are still major retainers in purchasing products from another country, not knowing the way your interests as a consumer are protected by the laws of that State. The current market conditions are fundamentally different from those existing at the time of adoption and subsequent transposition of Directive 93/13/EEC. The minimum harmonization proposed by that State has been effective up to a point, but it is obviously not enough. The national regulations raise barriers to the internal market, affecting traders and consumers. The full harmonization of some key regulatory aspects will considerably increase the legal security for both consumers and traders. Both consumers and traders will be able to rely on a single regulatory framework based on clearly defined legal concepts that govern certain aspects of the contracts concluded between traders and consumers in the EU. The effect of such harmonization will eliminate the barriers stemming from the fragmentation of the rules and will create the internal market in this field. These barriers can only be eliminated by establishing uniform rules at the Union level. In addition, consumers will enjoy a high common level of protection across the Union[1], and the harmonization will be full, the Member States being able to maintain or introduce in their national law, also provisions diverging from those laid down in this Directive, including more or less stringent provisions, to ensure a different level of consumer protection. Unfair terms in consumer contracts represent only a segment in consumer protection field and it is a topic that has recently come to the attention of the public opinion in Romania, together with the consumption credit problem. The media insisted especially on this issue, given a certain degree of novelty, and due to the large number of people affected. The purpose of this approach is not to analyse this problematic sector of credit agreements, but to define some terms used by the Romanian legislation and analyse a relevant case law of the Court of Justice of the European Union, on the interpretation of the rules of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and how relationships between consumers and traders will be affected that as an effect of the adoption this year of the new Directive on consumer’s protection. [1] Position of the European Parliament adopted at first reading on June 23 2011 to the adoption of Directive 2011/83/ EU of the European Parliament and Council on consumer rights, amending the Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and Council and revoking the Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and Council, available at www.europarl.europa.eu.

Advertising is based on happiness ... and the law

‘A book may be good for nothing; or there may be only one thing in it worth knowing; are we to read it all through?’ (Samuel Johnson) This section is dedicated to the review of ideas, articles, books, films and other media. It will include replies (and rejoinders) to articles, the evaluation of new ideas or proposals, and reviews of books and articles both directly and indirectly related to intellectual property law. Readers of this Journal who are fans of the TV series Mad Men will be well aware of the fact that in the 1960s the advertising industry began to flourish and, along with it, its increasing regulation. For Don Draper, the main constraints were those relating to tobacco advertising. For modern Don Drapers, it can well be said that legal constraints affect any type of advertising and almost any product. In the past few years, advertising law has changed significantly. First, the development of new media has attracted investments and urged the creation of new types of advertising to catch consumers’ attention. In consequence, legislation has developed too. The powers of regulatory bodies have been widely increased: the latest example (with effect from last March) has been the extension of jurisdiction of the Advertising Standards Authority to advertising claims made on non-paid-for advertising space online, such as brand owners’ own websites and brand activity on social networking sites. Increasing attention has also been paid to the interpretation of the boundaries of advertising law. In this respect, EU law has played an important role, in particular in the field of consumer protection, which has been harmonized widely following the numerous directives issued to date. EU case law has had a deep impact on the development of advertising law, too: the decision of the Court of Justice of the European Union in L'Oréal1 has been discussed widely, and the upcoming judgment in Interflora2 is awaited with a great deal of interest (not to say anxiety).

Protection of Consumers' Right Through Judicial and Extra Judcial Mechanism in India

The battle for consumer protection has to be fought by many agencies. The Government has to play an important role, by enacting suitable laws and enforcing them effectively. India has been observing 15th March since 1989 as the National Consumers‘ Day. This day has a historic importance as it was on this day in 1962, that the Bill for Consumer Rights was moved in the US Congress. Steps have been taken by the Government of India by way of enactment of various Acts and other measures to help consumers. Indian Penal Code, Standards of Weights and Measures Act, Motor Vehicle Act, are some of the Acts. Despite these Acts, the fact remains that very little could be achieved in the field of consumer protection. A major breakthrough came during 1986 when Parliament passed a law for Consumer Protection Act -1986. Three-tier quasi-judicial machinery at the district, state and national levels was set up with a view to provide speedy and simple redressal to consumer disputes. The District Forum deals with the cases involving claims upto Rs. 20 lakhs, the State Commission between Rs.20 lakhs to one crore and the National Commission deals with the cases involving claims exceeding Rs. one crore. The objective of the consumer courts is to ensure speedy justice to the consumers against various malpractices and negligence without involving any cost, as no court fees is charged. Consumer courts have been set up as special courts, as it was expensive and time consuming to get justice through civil courts. The Consumer Protection Act, which has been defined as - the Magna Carta of Consumers‖, spells out six consumer rights: Right to Safety, Right to Information, Right to Choice, Right to Representation, Right to Redress, and Right to Consumer Education. India has the biggest consumer movement today due to the efforts of consumer organisations and the establishment of consumer courts. India is the only country in the world which has exclusive courts for consumer redressal. This has been internationally praised including the developed countries. The Consumer Protection Act (COPRA) has succeeded in bringing about fair play in the supply of goods and services to a large extent. The Act applies to almost all goods and services. Still, the present scenario is not very encouraging. Unfortunately the consumer courts have become replica of legal courts, as the procedure is no longer simple and quick. The consumer redressal process is relatively cumbersome and more expensive and time- consuming than desired. The process involves engaging a professional personnel, requires time for filing the case and attending the court proceeding and certain other formalities like producing the bill, warranty cards etc. These procedures need to be made simpler and quicker for making the process more meaningful and realistic.

Protection of Consumers’ Rights: A Socio-Legal Challenge in India

In modern era the consumers are called the king of the market but this concept of consumer field is not beyond a shadow of doubt because in reality the consumers are still the most deprived part of the market and are in a disadvantageous position due to non-fortification of their rights. They are suffering from lots of undesired elements such as misleading advertisements, underweight goods, unsatisfied services etc. Consequently the battle for consumer protection has to be fought by many consumer association/agencies. The Government has also done lots but still to play an important role, by enacting suitable laws and enforcing them effectively. India has been observing 15th March since 1989 as the National Consumers’ Day. This day has a historic importance as it was on this day in 1962, that the Bill for Consumer Rights was moved in the US Congress. US President John F. Kennedy for the first time went on to set out four basic consumer rights which were right to Safety, Information, Choice and Be Heard in which in recent years the consumer movement under the guidance of Consumers International added four more rights and they include the rights to: The satisfaction of basic needs, Redress, Education, Healthy Environment. In India, the concept of consumer protection is not new, it is as old as trade and commerce itself. It therefore, comes as no surprise that references to the protection of consumer’s interest against exploitation by trade and industry, underweight and measurement, adulteration were made in Kautilya’s ‘Arthashastra.’ The need of punishment was also recognised by him. However, an organized and systematic movement to safeguard the interest of consumers is a recent phenomenon. The consumers have to be aware not only of the commercial aspects of sale and purchase of goods, but also of the health and security aspects. Food safety has become an important element of consumer awareness these days. In case of food products, its quality depends not only on its nutritional value, but also on its safety for human consumption. Consumption of contaminated or adulterated food is a major cause of human illness and suffering. There are 500 consumer associations, which are working in the field of consumer protection. They deal with various aspects of consumer exploitation. Some of the prominent are: Consumer Guidance Society of India, Mumbai; Citizens Action Group, Mumbai; Common Cause, New Delhi; Voice, New Delhi; Consumer Utility and Trust Society, Jaipur. This called for strong legal measures to ensure that the manufacturers and sellers observe uniformity and transparency in prices, stocks and quality of their goods. Enactment of Consumer Protection Act, 1986 was one of the most important steps taken to protect the interests of consumers. The provision of the Act came into force, with effect from July 1, 1987.

Class Actions in the Italian Legal System

This paper focuses on the key choices of the recent Italian legislation on collective redress actions (azioni collettive risarcitorie). The rules provided for by Article 140-bis codice del consumo (Consumer Code) can be considered only a starting point of a modern regulation in this field (see Sects. 1, 2, 4). Indeed, Art. 140-bis shows several regulatory flaws (see Sect. 3 for the lack of special rules on financial support for collective actions, Sect. 8 for issues relating to the opt-in approach, Sect. 9 for the prerequisites concerning the admissibility of the collective action, Sect. 10 for the publicity of collective actions, Sect. 11 for the contents of the judgment), although it sets out some noteworthy key issues (see Sect. 5 for standing, Sect. 6 for the opt-in approach, Sect. 12 for collective settlement). The Italian legislation on collective redress actions in the field of consumer protection certainly requires some improvements (see Sect. 7 on a de lege ferenda ‘dual system’). However, it can be considered a step forward in the right direction (see Sect. 13).

European Union Legislation

European Community legislation requires EU Member States to implement representative procedures for enforcement of consumer protection, intellectual property, and late payment laws, but not yet for compensation claims. The possible introduction of damages claims for competition law infringements and electronic privacy, and examination of collective redress in the consumer protection field, is being considered.

The collective redress action in the Italian legal system

This paper focuses on the key choices of the recent Italian legislation on collective redress actions (azioni collettive risarcitorie). The rules provided for by Article 140-bis codice del consumo (Consumer Code) can be considered only a starting point of a modern regulation in this field (see Sects. 1, 2, 4). Indeed, Art. 140-bis shows several regulatory flaws (see Sect. 3 for the lack of special rules on financial support for collective actions, Sect. 8 for issues relating to the opt-in approach, Sect. 9 for the prerequisites concerning the admissibility of the collective action, Sect. 10 for the publicity of collective actions, Sect. 11 for the contents of the judgment), although it sets out some noteworthy key issues (see Sect. 5 for standing, Sect. 6 for the opt-in approach, Sect. 12 for collective settlement). The Italian legislation on collective redress actions in the field of consumer protection certainly requires some improvements (see Sect. 7 on a de lege ferenda ‘dual system’). However, it can be considered a step forward in the right direction (see Sect. 13).

The Relevance of the European Consumer Protection Law for the Development of the European Contract Law

This paper deals with the interaction of consumer law and contract law in the European Union. Over the last two decades the European legislature has adopted many legislative measures in the field of consumer protection that were designed to strengthen the single market and to avoid distortion of competition. Thus the European legislature tried to approximate or harmonise consumer protection standards within the European Community and consequently created a new layer of supranational contract law which now coexists with the traditional national contract law regimes. The paper assesses the various types of contract law on the international, supranational and national levels and discusses the problems arising from the fact that the contract law in the European Community is so diverse. Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices is discussed as a very prominent recent product of European Community consumer legislation. The paper points out how the development of European consumer law serves as a catalyst for the further development of a genuine European contract law.

マンション管理に対する地方自治体の行政施策の取り組み状況と公的対応必要性の位置付け : 地方自治体のマンション管理への行政施策に関する研究 その1

The administrative policy of the Local Government for condominium management has been influenced by the establishment of a consultation service desk and the operation about Appropriate Condominium Management Act. Of all the policies, consultation and advice for homeowners association (65.5%), information distribution (53.4%) were operated to a relative degree, and taken mainly in the ordinance-designated city, the prefectures and the special 23-ward in Tokyo Metropolitan. In the promotion factor of condominium management policy, a type of the Local Government, the number of condominium stocks, and the condition of the office were important, especially establishment of the office was the most significant element. Moreover, it is difficult to make clear reasonable grounds for the policy for condominium management, since many difficult facts about reason for necessity of administrative policy were seen in the prevention factor. The administrative policy for condominium management was enforced on constructive administration rather than consumer and community administration as organization of the Local Government. However, from viewpoints of persons in charge, it is important to enforce the policies based on consumer and community administration, such as "a field of consumer protection" and "a field of community development".

Developments in Consumer Protection in India

This paper surveys the major developments in the field of consumer protection in India since 1984, when the statutory provisions for regulating unfair trade practices were incorporated for the first time.