Assessing Existing Enforcement Mechanisms in Consumer Law
Assessing Existing Enforcement Mechanisms in Consumer Law

Author: Franziska Weber

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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From an economic point of view, there has to be a rationale for government intervention in markets in the form of consumer protection laws. This rationale results from economic inefficiencies in markets: particularly the occurrence of market failures. If markets do not work properly, inefficient contracts are concluded and consumer interests are assumed to be hurt. The focus of this paper is on enforcement, which is crucial in forming the incentives and deterrents that serve to change people's behaviourin a way to induce compliance with the law. Enforcement is crucial to empower consumers. While substantive consumer law has been widely harmonized within the European Union, this is much less the case as to procedural laws. It lies in the nature of consumer laws that they cannot be classified as one set of rules. Consumer problems lie on the borderline of private/public and social/commercial problems, which is why various branches of law can be triggered in terms of both substantive law and enforcement. Private, administrative, and criminal law are the given options. Alternative dispute resolution and self-regulation are to be considered as well. While there are different goals of enforcement (e.g. compensation, fairness etc.), from a law and economics perspective enforcement efforts are usually discussed from a deterrence perspective. Although the deterrence theory was developed in the context of criminal law, it has been extended in the meantime to law enforcement in general. It is along the lines of this theory that this paper sets out the main strengths and weaknesses of existing enforcement mechanisms by referring to a set of established factors that influence people's incentives (free-riding behaviour and principal-agent issues, to mention just two). Deterrence of the systems as they exist in reality shall be assessed, and it will be demonstrated that their economic weaknesses in particular can lead the way to necessary changes in legal systems in order to optimise deterrence.

Enforcement and Effectiveness of Consumer Law
Enforcement and Effectiveness of Consumer Law

Author: Hans-W. Micklitz

Publisher: Springer

Published: 2018-07-23

Total Pages: 717

ISBN-13: 9783319784304

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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 Law and Policy
Consumer Law and Policy

Author: Iain Ramsay

Publisher: Bloomsbury Publishing

Published: 2012-10-25

Total Pages: 515

ISBN-13: 1782250247

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This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.

The Law and Economics of Enforcing European Consumer Law
The Law and Economics of Enforcing European Consumer Law

Author: Franziska Weber

Publisher: Routledge

Published: 2016-03-03

Total Pages: 318

ISBN-13: 1317026136

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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.

Enforcement and Effectiveness of Consumer Law
Enforcement and Effectiveness of Consumer Law

Author: Hans-W. Micklitz

Publisher: Springer

Published: 2018-07-06

Total Pages: 708

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.

Section 1557 of the Affordable Care Act
Section 1557 of the Affordable Care Act

Author: American Dental Association

Publisher: American Dental Association

Published: 2017-05-24

Total Pages: 60

ISBN-13: 1941807712

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Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.

Guiding Principles on Business and Human Rights
Guiding Principles on Business and Human Rights

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9789211542011

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"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.