Vulnerable Consumers And The Law

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Vulnerable Consumers and the Law

Author : Christine Riefa
Publisher : Routledge
ISBN 13 : 1000209709
Total Pages : 264 pages
Book Rating : 4.0/5 (2 download)

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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 and published by Routledge. This book was released on 2020-10-27 with total page 264 pages. 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.

Discrimination, Vulnerable Consumers and Financial Inclusion

Author : Cătălin-Gabriel Stănescu
Publisher : Routledge
ISBN 13 : 1000295192
Total Pages : 291 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Discrimination, Vulnerable Consumers and Financial Inclusion by : Cătălin-Gabriel Stănescu

Download or read book Discrimination, Vulnerable Consumers and Financial Inclusion written by Cătălin-Gabriel Stănescu and published by Routledge. This book was released on 2020-12-28 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies – such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections – necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.

Access to Justice for Vulnerable and Energy-Poor Consumers

Author : Naomi Creutzfeldt
Publisher : Bloomsbury Publishing
ISBN 13 : 150993944X
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Access to Justice for Vulnerable and Energy-Poor Consumers by : Naomi Creutzfeldt

Download or read book Access to Justice for Vulnerable and Energy-Poor Consumers written by Naomi Creutzfeldt and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Undue Influence

Author : Sandra D. Glazier
Publisher :
ISBN 13 : 9781641056175
Total Pages : pages
Book Rating : 4.0/5 (561 download)

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Book Synopsis Undue Influence by : Sandra D. Glazier

Download or read book Undue Influence written by Sandra D. Glazier and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--

Information Obligations and Disinformation of Consumers

Author : Gert Straetmans
Publisher : Springer Nature
ISBN 13 : 3030180549
Total Pages : 565 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Information Obligations and Disinformation of Consumers by : Gert Straetmans

Download or read book Information Obligations and Disinformation of Consumers written by Gert Straetmans and published by Springer Nature. This book was released on 2019-09-05 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

Consumer Vulnerability and Welfare in Mortgage Contracts

Author : Irina Domurath
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913416
Total Pages : 293 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Consumer Vulnerability and Welfare in Mortgage Contracts by : Irina Domurath

Download or read book Consumer Vulnerability and Welfare in Mortgage Contracts written by Irina Domurath and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.

Consumer Theories of Harm

Author : Paolo Siciliani
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916873
Total Pages : 232 pages
Book Rating : 4.5/5 (99 download)

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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 and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 232 pages. 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

Author : Christine Riefa
Publisher : Routledge
ISBN 13 : 1000209741
Total Pages : 250 pages
Book Rating : 4.0/5 (2 download)

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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 and published by Routledge. This book was released on 2020-10-27 with total page 250 pages. 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.

Cranston's Consumers and the Law

Author : Colin Scott
Publisher : Cambridge University Press
ISBN 13 : 9780406988027
Total Pages : 598 pages
Book Rating : 4.9/5 (88 download)

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Book Synopsis Cranston's Consumers and the Law by : Colin Scott

Download or read book Cranston's Consumers and the Law written by Colin Scott and published by Cambridge University Press. This book was released on 2000-08 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this text is designed to bring the reader up to date with developments in consumer law up to 1999. It includes material on utilities and financial services regulation.

The Regulation of Consumer Credit

Author : Sarah Brown
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712493
Total Pages : 256 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis The Regulation of Consumer Credit by : Sarah Brown

Download or read book The Regulation of Consumer Credit written by Sarah Brown and published by Edward Elgar Publishing. This book was released on 2019 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection.

The European Unfair Commercial Practices Directive

Author : Willem van Boom
Publisher : Routledge
ISBN 13 : 1317033167
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The European Unfair Commercial Practices Directive by : Willem van Boom

Download or read book The European Unfair Commercial Practices Directive written by Willem van Boom and published by Routledge. This book was released on 2016-02-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Internationalization of Consumer Law

Author : Mateja Durovic
Publisher : Springer
ISBN 13 : 3319453122
Total Pages : 89 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Internationalization of Consumer Law by : Mateja Durovic

Download or read book Internationalization of Consumer Law written by Mateja Durovic and published by Springer. This book was released on 2016-11-11 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.

The Practice of Consumer Law

Author : Robert J. Hobbs
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Practice of Consumer Law by : Robert J. Hobbs

Download or read book The Practice of Consumer Law written by Robert J. Hobbs and published by . This book was released on 2003 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Traveller Vulnerability in the Context of Travel and Tourism Contracts

Author : Maria Goretti Sanches Lima
Publisher : Springer
ISBN 13 : 3319983768
Total Pages : 226 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Traveller Vulnerability in the Context of Travel and Tourism Contracts by : Maria Goretti Sanches Lima

Download or read book Traveller Vulnerability in the Context of Travel and Tourism Contracts written by Maria Goretti Sanches Lima and published by Springer. This book was released on 2018-11-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book highlights the link between consumers and travellers, identifying the meaning of vulnerability in Brazil and the EU. It also covers different types of contracts for tourism and travel services, including online booking processes. Only after 2015, as a result of the directive on package travel and linked travel arrangements, did the EU begin viewing travellers as consumers in the sense of Union Consumer Law; conversely, in Brazil, the traveller has no legal status whatsoever and is considered solely a consumer. As the traveller is implicitly a consumer he/she is subject to vulnerability. However, the definition of vulnerability differs considerably between Brazil and the EU: while in Brazil it is a principle stemming from the Consumer Defence Code, covering all consumers, in the EU vulnerability is not an established principle. In the EU, although the average consumer is assumed to be reasonably well informed, observant and circumspect, they are also recognised as the weaker party in the contract. That recognition does not fit with the notion of "confident consumer". Vulnerable consumers in the EU are those whose individual characteristics, such as their age, physical or mental infirmity, or credulity, make them particularly susceptible to unfair commercial practices. Conversely, in Brazil these consumers are seen as being hyper-vulnerable, rather than solely vulnerable. In this context, travellers are in a weaker position than regular consumers buying goods or services, because they are outside of their domicile or jurisdiction for a brief or extended period of time. This book examines two types of traveller vulnerability that make travellers, particularly international ones, a special type of consumers: 1. External and 2. Legal (jurisdiction). Travellers’ vulnerability mainly stems from consumers travelling to different markets and different cultures. As such, they are subject to different laws that require special global attention. While both the EU and Brazilian system have their respective advantages and disadvantages, the goal of both must be to further increase protection for travellers, including business travellers. In consumer societies, the traveller is indeed a consumer by logical causation and hence a “special consumer”.

Consumer Law and Socioeconomic Development

Author : Claudia Lima Marques
Publisher : Springer
ISBN 13 : 331955624X
Total Pages : 472 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Consumer Law and Socioeconomic Development by : Claudia Lima Marques

Download or read book Consumer Law and Socioeconomic Development written by Claudia Lima Marques and published by Springer. This book was released on 2017-07-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

The Yearbook of Consumer Law 2007

Author : Geraint Howells
Publisher : Routledge
ISBN 13 : 0429774249
Total Pages : 410 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Yearbook of Consumer Law 2007 by : Geraint Howells

Download or read book The Yearbook of Consumer Law 2007 written by Geraint Howells and published by Routledge. This book was released on 2018-12-18 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2007, The Yearbook of Consumer Law provides a valuable guide to developments in the consumer law field with a domestic, regional and international dimension. The volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as sales, credit and safety, as well as more general issues, such as consumer law theory. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments or important court decisions. The book provides an essential resource for all those, academic and practitioner, working in the areas of consumer law and policy.

Access to Justice for Vulnerable and Energy-poor Consumers

Author :
Publisher :
ISBN 13 : 9781509939466
Total Pages : 240 pages
Book Rating : 4.9/5 (394 download)

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Book Synopsis Access to Justice for Vulnerable and Energy-poor Consumers by :

Download or read book Access to Justice for Vulnerable and Energy-poor Consumers written by and published by . This book was released on 2021 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria)."--