Administrative and Judicial Collective Enforcement of Consumer Law in the US and the European Community

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (535 download)

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Book Synopsis Administrative and Judicial Collective Enforcement of Consumer Law in the US and the European Community by : Fabrizio Cafaggi

Download or read book Administrative and Judicial Collective Enforcement of Consumer Law in the US and the European Community written by Fabrizio Cafaggi and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcement and Effectiveness of Consumer Law

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Publisher : Springer
ISBN 13 : 3319784315
Total Pages : 708 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Enforcement and Effectiveness of Consumer Law by : Hans-W. Micklitz

Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Collective Enforcement of Consumer Law

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Publisher : ISBS
ISBN 13 : 9789076871806
Total Pages : 274 pages
Book Rating : 4.8/5 (718 download)

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Book Synopsis Collective Enforcement of Consumer Law by : W. H. van Boom

Download or read book Collective Enforcement of Consumer Law written by W. H. van Boom and published by ISBS. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge : 1. Collective private enforcement of consumer law. 2. Public and privatu transnational conforcemenment of EU consumer law. -- 3. Enforcement of consumers' collective interests by regulatory agencies in the Nordics countries. -- 4. The Dutcht consumer authority. -- 5. Enforcement of collective consumer interest : a competition law perspective. -- 6. Should consumer protection law be publicly enforced? An economic perspective on EC Regulation 2006/2004 and its implementattion in the consumer protection laws of the Member States. -- 7. Collectivism : evaluating the effectiveness of public and private models for regulating consumer protection. -- 8. Collective enforcement of consumer law in Europe ; private, public, and collective mechanisms.

New Frontiers of Consumer Protection

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Publisher : Intersentia NV
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis New Frontiers of Consumer Protection by : Fabrizio Cafaggi

Download or read book New Frontiers of Consumer Protection written by Fabrizio Cafaggi and published by Intersentia NV. This book was released on 2009 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.

Internationalization of Consumer Law

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Publisher : Springer
ISBN 13 : 3319453122
Total Pages : 97 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 97 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 European Unfair Commercial Practices Directive

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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.

The Transformation of Consumer Law and Policy in Europe

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Publisher :
ISBN 13 : 9781509963058
Total Pages : 0 pages
Book Rating : 4.9/5 (63 download)

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Book Synopsis The Transformation of Consumer Law and Policy in Europe by : Hans-W Micklitz

Download or read book The Transformation of Consumer Law and Policy in Europe written by Hans-W Micklitz and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.

The Action for Injunction in EU Consumer Law

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Publisher :
ISBN 13 :
Total Pages : 267 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis The Action for Injunction in EU Consumer Law by : Magdalena Ogorzałek

Download or read book The Action for Injunction in EU Consumer Law written by Magdalena Ogorzałek and published by . This book was released on 2014 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998 the European Union adopted a new self-standing instrument of collective enforcement - the Action for Injunction. Until then, the main focus was on the improvement of the position of the individual consumer through the adoption of substantive consumer law directives. The Injunction Directive provides for a general framework on consumer law enforcement in national and cross-border litigation. Qualified entities, public agencies and/or consumer organisations, are granted legal standing. National courts are bound to mutually respect the standing of EU wide registered qualified entities. Outside these clear-cut rules on the mutual recognition of standing, the Injunction Directive remains largely silent. The implementation into 28 Member States swiftly revealed the rather limited harmonising effect. The thesis investigates and explains how despite the legally approved diversity, the Injunction Directive contains the potential to turn diversity into convergence. The key to understanding the potential is the thesis of dualism of enforcement measures. Read together with the Annex the Injunction Directive establishes the deep interconnection between collective and individual enforcement, of substantive and procedural enforcement, of judicial and administrative enforcement. The different levels and means of enforcement should not be regarded separately but should always be looked at in their interplay, in their mutual institutional design and their mutual impact. Evidence for convergence can be found in the Invitel judgment of the ECJ and in the practice of consumer organisations via co-ordination actions across borders by which they overcome the boundaries of collective vs. individual or judicial vs. administrative enforcement. Regulation 2006/2004 re-adjusts the dualistic structure of enforcement in favour of public bodies and promotes convergence through para-legal means, through new modes of enforcement, through co-operation and co-ordination outside courts and in open interaction between administrative bodies, to which consumer organisations are admitted on approval only.

Collective Actions

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Publisher : Cambridge University Press
ISBN 13 : 1107379849
Total Pages : 457 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Collective Actions by : Stefan Wrbka

Download or read book Collective Actions written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2012-04-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.

Competition Law, Comparative Private Enforcement and Collective Redress Across the EU

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Publisher :
ISBN 13 : 9789041145598
Total Pages : 0 pages
Book Rating : 4.1/5 (455 download)

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Book Synopsis Competition Law, Comparative Private Enforcement and Collective Redress Across the EU by : Barry J. Rodger

Download or read book Competition Law, Comparative Private Enforcement and Collective Redress Across the EU written by Barry J. Rodger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.

Collective Actions in Europe

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Publisher : Springer Nature
ISBN 13 : 3030242226
Total Pages : 132 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Collective Actions in Europe by : Csongor István Nagy

Download or read book Collective Actions in Europe written by Csongor István Nagy and published by Springer Nature. This book was released on 2019-08-19 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

The Law and Economics of Enforcing European Consumer Law

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Publisher : Routledge
ISBN 13 : 1317026144
Total Pages : 336 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Law and Economics of Enforcing European Consumer Law by : Franziska Weber

Download or read book The Law and Economics of Enforcing European Consumer Law written by Franziska Weber and published by Routledge. This book was released on 2016-03-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

Innovation and the Transformation of Consumer Law

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Publisher : Springer Nature
ISBN 13 : 9811589488
Total Pages : 466 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Innovation and the Transformation of Consumer Law by : Dan Wei

Download or read book Innovation and the Transformation of Consumer Law written by Dan Wei and published by Springer Nature. This book was released on 2020-11-27 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.

Administrative and Judicial Enforcement in Consumer Protection

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Administrative and Judicial Enforcement in Consumer Protection by : Fabrizio Cafaggi

Download or read book Administrative and Judicial Enforcement in Consumer Protection written by Fabrizio Cafaggi and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyses the relationship between administrative and judicial enforcement in Consumer Protection. It first sets out the European state of development with regard to injunctions, thereby focusing on the different models of the European group actions and the regulation of standing, as well as comparing ex post ante and ex post intervention. The second part reframes the European debate in the light of the US and Canadian experiences and formulates a whole set of policy options. In the final part we propose a set of policy recommendations that the Commission should consider in the process of reviewing the collective redress directive and more in general the European policies concerning collective redress.

Public and Private Enforcement of Consumer Law - Insights for Luxembourg

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Publisher :
ISBN 13 : 9783848785681
Total Pages : 504 pages
Book Rating : 4.7/5 (856 download)

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Book Synopsis Public and Private Enforcement of Consumer Law - Insights for Luxembourg by : Stephanie Law

Download or read book Public and Private Enforcement of Consumer Law - Insights for Luxembourg written by Stephanie Law and published by . This book was released on 2021-09-14 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law Unlocked

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Publisher : Siber Ink
ISBN 13 : 1920025529
Total Pages : 203 pages
Book Rating : 4.9/5 (2 download)

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Book Synopsis Consumer Law Unlocked by : Elizabeth de Stadler

Download or read book Consumer Law Unlocked written by Elizabeth de Stadler and published by Siber Ink. This book was released on 2013-08-16 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent introduction of the Consumer Protection Act revolutionised consumer rights in South Africa. It also fundamentally altered the way in which businesses are required to treat their clients, imposing a new set of obligations - or at least a formalised set of responsibilities - that had been easily circumnavigated or simply ignored before. Marketing campaigns, returns policies, terms and conditions, quality issues, and a host of business practices had to be reviewed and reappraised. Some businesses have done this, while many blithely continue as if nothing has changed, little appreciating the risks of non-compliance and - perhaps more importantly - failing to appreciate that treating consumers fairly is simply a sound business practice. This new work provides a comprehensive overview of consumer law - not just the Act - in a way that follows the typical structure of consumer transactions. It serves to guide, educate and enlighten the professional, the business person and the consumer alike. No business or professional adviser should be without it. Written by a leading specialist in the field, it is simple, clear, comprehensive, authoritative and accessible.

Handbook of Research on International Consumer Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1849806314
Total Pages : 603 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Handbook of Research on International Consumer Law by : Geraint G. Howells

Download or read book Handbook of Research on International Consumer Law written by Geraint G. Howells and published by Edward Elgar Publishing. This book was released on 2010 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.