Protecting consumers - the system for enforcing consumer law

Protecting consumers - the system for enforcing consumer law PDF

Author: Great Britain: National Audit Office

Publisher: The Stationery Office

Published: 2011-06-15

Total Pages: 48

ISBN-13: 9780102969733

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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.

Protecting consumers - the system for enforcing consumer law

Protecting consumers - the system for enforcing consumer law PDF

Author: Great Britain: Parliament: House of Commons: Committee of Public Accounts

Publisher: The Stationery Office

Published: 2011-11-09

Total Pages: 56

ISBN-13: 9780215038548

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The Commons Public Accounts Committee publishes its 54th report of Session 2010-12, on the basis of evidence from consumer groups, the Department for Business, Innovation and Skills, the Office of Fair Trading, and the Trading Standards Institute, examining the current arrangements for the enforcement of consumer law, and the proposed changes to the regime. Individual consumers lose around £6.6 billion every year because of the malpractices of traders. At least £4.8 billion is lost through malpractices which occur at a regional or national level, such as mass market scams, counterfeiting, and unscrupulous traders who operate over large geographical areas. The Department has overall responsibility for policy on consumer protection. However, the majority of enforcement work, from weights and measures testing to the prosecution of rogue traders, is carried out by local authority Trading Standards Services, each with jurisdiction in only its own local area. The Committee states, that the Department has limited understanding of the true cost of protecting consumers or of the success of existing interventions. There is no clear and complete information on how much enforcement activity actually costs. The approach to enforcing consumer protection has not kept pace with the changing nature of the problems it is intended to tackle, such as online shopping. Any changes the Department makes must deliver a system fit for the modern era. Responsibility for tackling regional and national instances of malpractice or rogue trading must be clearly designated.

Vulnerable Consumers and the Law

Vulnerable Consumers and the Law PDF

Author: Christine Riefa

Publisher: Routledge

Published: 2020-10-27

Total Pages: 264

ISBN-13: 1000209709

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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.

Enforcement and Effectiveness of Consumer Law

Enforcement and Effectiveness of Consumer Law PDF

Author: Hans-W. Micklitz

Publisher: Springer

Published: 2018-07-06

Total Pages: 717

ISBN-13: 3319784315

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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.

Consumer Policy Toolkit

Consumer Policy Toolkit PDF

Author: OECD

Publisher: OECD Publishing

Published: 2010-07-09

Total Pages: 126

ISBN-13: 9264079661

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This book examines how markets have evolved and provides insights for improved consumer policy making. It explores, for the first time, how what we have learned through the study of behavioural economics is changing the way policy makers are addressing problems.

Access to Justice for the Chinese Consumer

Access to Justice for the Chinese Consumer PDF

Author: Ling Zhou

Publisher: Bloomsbury Publishing

Published: 2020-05-14

Total Pages: 176

ISBN-13: 1509931066

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This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Public and Private Enforcement of Consumer Law - Insights for Luxembourg

Public and Private Enforcement of Consumer Law - Insights for Luxembourg PDF

Author: Stephanie Law

Publisher:

Published: 2021-09-14

Total Pages: 504

ISBN-13: 9783848785681

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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.

Consumer Protection in the Age of the 'Information Economy'

Consumer Protection in the Age of the 'Information Economy' PDF

Author: Jane K. Winn

Publisher: Ashgate Publishing, Ltd.

Published: 2013-01-28

Total Pages: 482

ISBN-13: 1409493210

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This volume considers the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. A unique and timely perspective on these issues is presented by internationally renowned experts who provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation.