The Law of Consumer Redress in an Evolving Digital Market

The Law of Consumer Redress in an Evolving Digital Market

Author: Pablo Cortés

Publisher: Cambridge University Press

Published: 2017-10-05

Total Pages: 329

ISBN-13: 110854696X

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This book advances the emergence of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes.


Online Dispute Resolution for Consumers in the European Union

Online Dispute Resolution for Consumers in the European Union

Author: Pablo Cortés

Publisher: Routledge

Published: 2010-09-13

Total Pages: 283

ISBN-13: 1136943501

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Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.


Consumer Protection in Asia

Consumer Protection in Asia

Author: Geraint Howells

Publisher: Bloomsbury Publishing

Published: 2022-08-25

Total Pages: 619

ISBN-13: 1509957553

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This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.


Vulnerable Consumers and the Law

Vulnerable Consumers and the Law

Author: Christine Riefa

Publisher: Routledge

Published: 2020-10-27

Total Pages: 250

ISBN-13: 1000209741

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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.


International Arbitration and Technology

International Arbitration and Technology

Author: Pietro Ortolani

Publisher: Kluwer Law International B.V.

Published: 2022-10-11

Total Pages: 280

ISBN-13: 9403518162

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Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.


Compliance with European Consumer Law

Compliance with European Consumer Law

Author: Felix Pflücke

Publisher: Oxford University Press

Published: 2024-08-25

Total Pages: 252

ISBN-13: 0198906404

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European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.


Digital and Social Media Marketing

Digital and Social Media Marketing

Author: Nripendra P. Rana

Publisher: Springer Nature

Published: 2019-11-11

Total Pages: 337

ISBN-13: 3030243745

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This book examines issues and implications of digital and social media marketing for emerging markets. These markets necessitate substantial adaptations of developed theories and approaches employed in the Western world. The book investigates problems specific to emerging markets, while identifying new theoretical constructs and practical applications of digital marketing. It addresses topics such as electronic word of mouth (eWOM), demographic differences in digital marketing, mobile marketing, search engine advertising, among others. A radical increase in both temporal and geographical reach is empowering consumers to exert influence on brands, products, and services. Information and Communication Technologies (ICTs) and digital media are having a significant impact on the way people communicate and fulfil their socio-economic, emotional and material needs. These technologies are also being harnessed by businesses for various purposes including distribution and selling of goods, retailing of consumer services, customer relationship management, and influencing consumer behaviour by employing digital marketing practices. This book considers this, as it examines the practice and research related to digital and social media marketing.


Legal Pluralism in European Contract Law

Legal Pluralism in European Contract Law

Author: Vanessa Mak

Publisher: Oxford University Press, USA

Published: 2020-09-10

Total Pages: 289

ISBN-13: 019885448X

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This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.