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Dissertations / Theses on the topic 'Consumer protection'
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1
Jones, Pamela Blythe. "Knowledge of consumer rights and unfair and deceptive practices : a comaparison of older and younger consumers /." This resource online, 1990. http://scholar.lib.vt.edu/theses/available/etd-03122009-040846/.
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Kim, Areum. "Financial advice and consumer protection." Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0033.
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Cette thèse porte sur le régime de protection des consommateurs qui vise à prévenir les ventes abusives dans les services de conseil en investissement. Elle examine les conflits d'intérêts dus au comportement des conseillers financiers qui peuvent entraîner des ventes abusives. Le fait que la rationalité du consommateur puisse être limitée signifie que les consommateurs financiers traditionnellement considérés comme des clients de détail ou des investisseurs de détail sont en effet exposés au risque de conflits d'intérêts dans le processus de conseil en investissement et nécessitent donc une protection accrue. La directive MIF a récemment renforcé son dispositif afin de protéger plus efficacement les consommateurs contre le problème persistant des ventes abusives. La modification de la réglementation de la protection des consommateurs est significative en ce qu'elle renforce le régime général de protection des consommateurs de la directive MIF en mettant l'accent sur la vulnérabilité réelle des consommateurs. Elle contribue en outre à la promotion du système de protection du consommateur en imposant des devoirs de comportement aux sociétés financières qui doivent gérer des conflits d'intérêts spécifiques dans le cadre du grand principe de la protection des consommateurs. Cependant, même si l’intention à l’origine de son introduction est largement reconnue, la mise en place et la mise en œuvre pratiques de certains règlements devraient rencontrer des difficultés et donc nécessiter que des mesures supplémentaires soient prisesThe thesis deals with the consumer protection scheme which aims to prevent mis-selling in investment advice services. It examines the conflicts of interest which appear in the behavior of investment advisors which may ultimately cause mis-selling scandals. The research findings of behavioral economics that the consumer’s rationality can be bounded indicate that financial consumers who are traditionally considered as retail clients or retail investors are indeed vulnerable to the risk of conflicts of interest in investment advisory processes and thus need enhanced consumer protection. MiFID I has recently strengthened its scheme with a view to protecting consumers more effectively from persistent problems of mis-selling. The amendment of the consumer protection regulation is meaningful in that it strengthens the overall consumer protection scheme within the MiFID with a focus on the actual vulnerability of consumers. Furthermore, it contributes to the fostering of the consumer protection system by imposing behavioral duties on financial firms which manage specific conflicts of interest under the important principle of consumer protection. However, even though the intention at the origin of its introduction is widely recognized, it is expected that some difficulties will arise when some of the regulations are virtually introduced and implemented, and thus supplementary measures will have to be established
3
Lok, Suk-yee Helen, and 駱淑儀. "An evaluation of policy on consumer protection and consumer redress." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B31975525.
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Lok, Suk-yee Helen. "An evaluation of policy on consumer protection and consumer redress." Click to view the E-thesis via HKUTO, 1988. http://sunzi.lib.hku.hk/hkuto/record/B31975525.
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Aderam, Henry Ndejapo Tshapumba. "Consumer protection in online payment methods." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73435.
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This research focuses on online payment methods which are premised on electronic funds transfer. It is a general discourse that the use of online payment methods is risky. It is held that the fear of fraud and abuse of a payment system is at the focal point of such risk.
Banks which provide these payment systems are usually not prepared to negotiate with their prospective customers. Resultantly, banks contract out of the risk associated with online payments, specifically the liability for unauthorized electronic funds transfers. This culminates in bank’s customers bearing the majority of that risk as a result of the bank-customer contract.
Some of the laws applicable to this relationship also ascribe to the notion above. They burden bank’s customers solely with the liability of the use of their cards until notification to the bank of its theft or misuse. This shows a completed disregard of the nature of how online payment methods operate.
Such imposition of liability is excessively one-sided in favour of the banks and detrimental to the bank’s customers. Ultimately, the scope of application of the current applicable consumer protection laws is limited by factors such as non-applicability to juristic persons or limitation based on asset value for those that do. This thus denotes a large segment of online payment methods users who cannot avail themselves to measures of protection provided for by the current applicable consumer protection laws.
The research aims to avert the issues as demonstrated above, provide clarity in pursuit of equity and compliance, plus a comprehensive consumer protection approach for online payment methods users.Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
Unrestricted
6
McMannon, Timothy J. "Warren G. Magnuson and consumer protection /." Thesis, Connect to this title online; UW restricted, 1994. http://hdl.handle.net/1773/10481.
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Wang, Kai. "Consumer protection in electronic commerce transactions." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952227.
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Chanda, Ashok Kumar. "Investigating consumer rights protection in India." Thesis, University of North Bengal, 2015. http://ir.nbu.ac.in/handle/123456789/1795.
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Rejanovinschi, Talledo Moisés. "Dilemmas to consume justice: some scopes of procedural protection of the consumer administrative procedure and consumer arbitration." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116133.
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This paper argues that the consumer should choose the procedural mechanism that satisfies their need to resolve a dispute and being compensated. Also, the administration, in order to defend rights of consumers, must have the authority to prefer the Constitution through diffuse constitutional control.El presente documento plantea que el consumidor debe escoger el mecanismo procesal que pueda satisfacer de mejor manera su necesidad de resolver una controversia y de ser indemnizado. Asimismo, la administración, en defensa de los derechos de los consumidores, debe contar con facultades para preferir la Constitución mediante el control difuso.
10
Chausse, Roman. "A comparative and critical discussion of the redress available to consumers by consumer courts in terms of the Consumer Protection Act 68 of 2008." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26584.
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The fundamental consumer rights granted to consumers by the Consumer Protection Act 68 of 2008 (hereinafter referred to as the CPA) would be without meaning if no avenues of redress were available to enforce them. The National Consumer Commission as well as the National Consumer Tribunal and the consumer courts will enforce the Act. One of the more central and important aims of the CPA (section 69) is to ensure that an aggrieved consumer has access to redress, this also being one of the European Union’s consumer protection rights. The CPA therefore empowers the consumer by setting out redress options where a consumer believes that his or her right has been infringed. There is a wide range of options available to consumers if they have a complaint in terms of the CPA. Sections 68 to 76, which are found in Chapter 3 Part A to C, are the provisions that deal with the protection of Consumer Rights. In terms of the CPA, consumers are not obliged to approach the supplier against whom they have a complaint before first going somewhere else. In terms of section 69 of the Act, the category of persons listed in section 4(1) can enforce a right in terms of the Act or in terms of a transaction or agreement, or resolve a dispute with a supplier by: Referring the matter directly to the National Consumer Tribunal; referring the matter to the applicable recognised ombud with jurisdiction over the supplier and if the matter does not concern the supplier contemplated in s 69(b), referring the matter to the applicable accredited industry ombud with jurisdiction. The consumer may also apply to the relevant consumer court of the province with jurisdiction (subject to the provincial legislation governing it). A dispute may also be referred to an alternative dispute agent, filing a complaint with the National Consumer Commission or approaching a court with jurisdiction over the matter (only when all the other remedies available to that person in terms of national legislation have been exhausted). The main focus of the research will be the role of consumer courts in particular and their possible enforcement and execution shortcomings. The consumer courts are regulated on a national level in terms of the CPA and on provincial level in terms of provincial legislation of the various provinces. I will illustrate these shortcomings in a discussion of two relevant cases. A short discussion of the other options available to the consumers for redress in terms of the CPA will also be included. Other avenues of redress that will briefly be discussed are complaints lodged to the National Consumer Tribunal, the National Consumer Commission and alternative dispute resolution. Since the CPA became fully effective on the 31 of March 2011 and is more in line with international trends in consumer protection law, a short comparative study is necessary. I will be looking at the consumer law in Scotland, which is affected, by the UK consumer law in the United Kingdom.Dissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted
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Mdluli, Buyile Doris. "Online Consumer Protection: an analysis of the nature and extent of online consumer protection by South African legislation." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12894.
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Chung, Kam-tong Peter. "China consumer protection law : panacea or placebo? /." View the Table of Contents & Abstract, 2005. http://sunzi.lib.hku.hk/hkuto/record/B31365723.
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Chung, Kam-tong Peter, and 鍾錦棠. "China consumer protection law: panacea or placebo?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B45012799.
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Al, Adwan Ahmad. "A cyber-consumer protection framework for prevention of online deceptive advertising." Thesis, Curtin University, 2012. http://hdl.handle.net/20.500.11937/1744.
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Online deceptive advertisements engender distrust among cyber-consumers; we found that such incidents occur in every country in the world. This research addressed issues with online fraud and deceptive advertising related to cyber-consumer transactions (CCT) and online consumer protection. This study includes a framework which provides potential solutions and redress methods in order to minimise online fraud and deceptiveness as well as protecting the cyber-consumer globally.
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Teufel, Anne Julia. "Der finanzierte Verbrauchsgüterkauf im deutschen und französischen Recht : rechtsvergleichende Untersuchung zum Verbraucherschutzrecht bei finanzierten Verträgen /." Baden-Baden Nomos, 2007. http://d-nb.info/989342867/04.
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Erasmus, Christo. "Consumer protection in international electronic contracts / C. Erasmus." Thesis, North-West University, 2011. http://hdl.handle.net/10394/6917.
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Since the Internet became available for commercial use in the early 90s, the way of
doing business was changed forever. The Internet and electronic commerce have
allowed people to carry out business by means of electronic communications, which
makes it possible for them to do business and to conclude contracts with people
situated within foreign jurisdictions. The need for consumer protection in electronic
commerce has become necessary because of the misuse of aspects peculiar to
electronic–commerce. Consumers have been cautious to make use of electroniccommerce,
as they are uncertain about the consequences that their actions might
have. Consumers will only utilise e–commerce if they have confidence in the legal
system regulating it; therefore, legislation was needed to regulate their e–commerce
activities. In 2002, the Electronic Communications and Transactions Act, 2002 was
introduced into South African law as the first piece of legislation that would deal
exclusively with electronic communications. Chapter VII of this particular act deals
exclusively with consumer protection and seeks to remove certain uncertainties
imposed by e–commerce. This is done by providing the South African consumer with
statutory rights and obligations when engaging in electronic communications. The
Consumer Protection Act, 68 of 2008 is the most recent piece of legislation that aims
to promote a consistent legislative and enforcement framework relating to consumer
transactions and agreements. South African legislation dealing with electronic
commerce is relatively recent, and it is uncertain whether consumers are offered
sufficient protection when they conclude contracts with suppliers or sellers from a
foreign jurisdiction, that is, one that is situated outside South Africa.
After looking at the protection mechanisms in place for South African consumers
engaging in e–commerce, we have seen that there are certain problems that one
might experience when trying to determine the applicability of some of the consumer
protection measures to international electronic contracts. Most of the problems that
we have identified are practical of nature. Consumers may, for instance, find it hard
to execute their rights against foreign suppliers in a South African court, even if the
court has jurisdiction to adjudicate the matter. Another problem that we identified is
that some of the important terms in our legislation are too vaguely defined. Vague terms and definitions can lead to legal uncertainty, as consumers might find it hard to
understand the ambit of the acts, and to determine the applicability thereof on their
transactions. In order to look for possible solutions for South Africa, the author
referred to the legal position with regards to consumer protections in the United
Kingdom, and saw the important role that European Union legislation plays when
determining the legal position regarding consumer protection in the UK. The
legislation in the UK dealing with consumer protection is far more specific than the
South African legislation dealing with same. There is definitely consumer protection
legislation in place in South Africa but the ongoing technological changes in the
electronic commerce milieu make it necessary for our legislators to review consumer protection legislation on a regular basis to ensure that it offers sufficient protection
for South African consumers engaging in international electronic contracts.Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2012.
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Cartwright, Peter. "The role of criminal sanctions in consumer protection." Thesis, Aberystwyth University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273783.
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Kerchhoff, Dominique. "False advertising and consumer protection in South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/7825.
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Magister Legum - LLMDeceptive advertising, which is also known as false advertising, refers to a manufacturer making use of confusing, misleading, or blatantly untrue statements to promote a particular product or service. The phrase ‘false, misleading or deceptive’ was apparently adopted from North American legislation. It is important to begin by defining these key terms that are frequently used in this thesis. A ‘false’ representation means giving wrongful or incorrect information to someone. A ‘misleading’ representation can be defined as one that leads someone astray, or causes someone to have an incorrect impression or belief. A ‘deceptive’ representation is similar to a misleading representation because it is aimed at deceiving the consumer which ultimately leads to the consumer making an error in judgement. These terms are very similar to each other but there are subtle differences between them. Representations are often misleading or deceptive by virtue of it being false. A representation can, however, also be true yet still be misleading or deceptive.
19
Vessio, Monica L. "The effects of the in duplum rule and clause 103(5) of the National Credit Bill 2005 on interest /." Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-02072007-184243/.
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Koutsias, Marios. "Consumer protection and global trade in the digital environment : the case of data protection." Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437826.
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Meredith, Deborah Jean. "Consumer protection in the condominium purchase : the purchaser's perspective." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26142.
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This thesis analyzes the information and legal protection provided to the Canadian condominium purchaser. A comparison is made as to the effectiveness of relevant legislation in Canadian jurisdictions and where deficiencies are perceived the thesis makes proposals for reform.Law, Peter A. Allard School of
Graduate
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Nwankwo, Azubuike Sonny A. "Consumerism : management challenge of consumer protection in national enterprises." Thesis, City University London, 1990. http://openaccess.city.ac.uk/7665/.
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Until recently, consumer policy researchers have concentrated almost exclusively on the competitive market, with little attention to the market failure scenario. This study investigates consumer protection behaviour of national enterprises. It does this by exploring the factors which determine or influence consumer policy decisions when the competitive market mechanism is hindered, and the dilemma facing management in such bounded marketing environments. Fundamentally, two basic approaches to structuring consumer protection have been identified. These relate to, (a) private enforcement, ic. market processes, and (b) public enforcement, ic. political processes. These perspectives were systematically collapsed into Hirschman's Exit/Voice theory and explored using qualitative methodology. Our findings did not broadly uphold the basic configuration of the Exit/Voice paradigm. It is intellectually flawed to insist that decisions about improving enterprises' performance on consumer protection should be impelled by strategies based on those dichotomous perspectives. Strengthening means for consumer advocacy or introducing and protecting competition in the hope that they will concomitantly protect consumers can not, in themselves, assure genuine consumer protection. Consumer protection came through as a discretionary agenda item. It is neither exclusively located in the political process nor in the market mechanism. It is a dependent variable whose behaviour is shaped by variations in management practices. At the enterprise-consumer interface, consumer protection becomes an explicit challenge of management. In terms of institutional arrangements for consumer protection, we did not observe any optimal structure. However, we did observe that the differing approaches that management can adopt can be classified and appraised in relation to four variables. These variables are, (i) Sensitivity (pro-active/reactive), (ii) Definition (consumer/company centered), (iii) Measurement (formal/informal) and, (iv) Implementation (tasks/responsibilities). These variables arc not independent. Their interrelationships lead to a method for evaluating the different approaches in terms of management response to the challenge of consumer protection.
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Singh, Gurjeet. "Consumer protection law in India : a socio-legal study." Thesis, SOAS, University of London, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273774.
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Ezechukwu, Nwanneka Victoria. "Innovation and consumer protection : the case of mobile payments." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/52826/.
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The ubiquitous nature of mobile devices coupled with a promise of speed and convenience makes mobile payments an attractive innovation. However, mobile payments also raise concerns with regards to consumer protection. This thesis evaluates how selected jurisdictions address these concerns. The discussion is premised on the argument that mobile payments may prove counter-productive if there are no clear regulatory rules protecting the end users. This is particularly significant for jurisdictions hoping to exploit this service to address financial exclusion problems. The thesis adopts a typology of consumer policy tools which could be used to address the identified consumer concerns. This typology guides the enquiry into how the selected jurisdictions address the consumer issues in m-payments. The purpose of this enquiry is to identify what best practices Nigerian authorities can emulate from the regulatory approach in other jurisdictions. Building on the findings of the enquiry, the thesis puts forward certain recommendations which are intended to address the shortcomings observed in the Nigerian regime.
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Kaseke, Melissa Chinyangarara. "Consumer Protection; Efficient and Effective Bank Regulation in Zimbabwe." University of the Western Cape, 2018. http://hdl.handle.net/11394/6268.
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Magister Legum - LLM (Public Law and Jurisprudence)Zimbabwe is a Southern African country which has witnessed frequent bank collapses in the last two decades. This has eroded consumer and business confidence in the banking sector due to the irreparable financial prejudice suffered by most sectoral consumers. The side effect of this lack of trust in the sector has been the hoarding and preference of cash in most, if not all transactions, as opposed to the use of plastic money. Between April 2015 and March 2016, it is estimated that between US$3 billion and US$7.4 billion was circulating outside the banking system in the informal sector thus exposing the depth of mistrust crippling the banking sector. Together with other factors beyond the scope of this study, it is submitted that this lack of trust and confidence in the sector has contributed to the current cash shortage which, according to Latham and Cohen, has left .a black hole in the financial system that's crushing the rest of the economy'.
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Zhou, Ling. "Access to justice for the Chinese consumer : handling consumer disputes in contemporary China." Thesis, University of Oxford, 2018. http://ora.ox.ac.uk/objects/uuid:ea606078-5f4d-4582-b8a3-47dd1ff7030e.
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This study explores the nature and significance of consumer dispute processes in China. It examines access to consumer justice issues, with particular reference to both consumer experience and the roles that the state, legal professionals and other social actors play in the consumer dispute processes. It focuses on one local area (Shenzhen, China) and uses an in-depth ethnographic approach to offer a realistic picture of consumer dispute resolution in China's socialist market economy. The principal question addressed is: how are consumer disputes resolved in this part of China today? The study analyses consumer dispute resolution practices in terms of various channels, including the handling of cases in the Consumer Council, the regulator's reporting system, the courts, the media, and online platforms. It determines that mediation or tiaojie in Chinese (by whatever provider) continues to be the dominant type of consumer dispute process. However, the style of mediation used - often differs from the approach to mediation in the common law world - is conducted by staff in public bodies and is a didactic process used largely to contain the impact of the dispute. The study also explores 'professional' consumers, who may well see themselves as ordinary consumers or mere citizens, but who develop expertise through repeat asserting of consumer rights in various consumer dispute processes. These professionals are regarded in this study as a modest form of 'consumer citizen' in China, and their activities do encourage reforms, despite sometimes hostile official attitudes. The present work contributes to our understanding of consumer protection and legal developments in China, and through its analysis of the China case offers contributions to the more general literature on dispute resolution, consumers' access to justice, and consumer protection.
27
Chunhsien, Sung. "The consumer protection provisions of EC Council regulation 44/2001 with particular reference to electronic commerce." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2008. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=25199.
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Mohammed, Nazar A. "Specific challenges of consumer protection in distance selling contracts : a comparison of the laws of England and Iraq on the duty to provide pre-contractual information and the right of cancellation." Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28031.
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This study has covered the duty to provide pre-contractual information and the right of cancellation, the two important key areas of consumer protection in distance selling contracts. These two protection models are invented to rebalance the distance contract in favour of the consumer albeit differently. The duty to provide information rebalances the contract in terms of information, and the right of cancellation provides the distance consumer with an opportunity to rethink the decision about the contract. The study has looked at pertinent laws of distance selling contracts in England and Iraq. In doing so, the study has followed comparative and analytical methodology, whereby strengths and weaknesses, similarities and dissimilarities between the selected laws under a chosen theme are addressed. The aim is to explore problems and loopholes, which may need future amendments, including legal gaps, ambiguity, and incomplete treatment. During the study, specific challenges related to the theme of study are critically analysed. Apparently, the quantity and type of information required, the time and manner of sending information, and the remedy available at the breach are challenges of the information requirements. Challenges of the right of cancellation are the conditions and effects of using the right. The study has concluded that many aspects of protection under both laws need further improvements. The need for changes is more obvious with Iraqi Law than English Law, where distance selling protection has not been recognised yet.
29
Ndou, Fulufhelo Clyde. "The legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts." Thesis, Rhodes University, 2001. http://hdl.handle.net/10962/d1003203.
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The thesis covers the field of the contract law known as the consumer credit law. It deals with the legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts. The thesis focuses on those credit contracts in which the legal relationship between the consumer and the dominant party is contained in the standard-form contracts, specifically credit agreements relating to money lending transactions in which the credit grantor’s rights are secured either by means of mortgage agreement, a suretyship contract, or a deed of cession. In South Africa the right to equality and human dignity, as opposed to the classical theories of contract: pacta sunt servanda and the principle of freedom of contract, are supported by the Constitution of the Republic of South Africa Act 108 of 1996 which entrenched democratic values permeating all areas of the law including contract law. In this thesis the harmonisation of these classical theories of contract law and the constitutional values of human dignity and equality have been considered. As has been shown in a number of cases, notably those relating to the contracts of suretyship, cession in securitatem debiti, and mortgage, the current law regulating the relationship between the credit grantors and the credit receivers is in need of law reform to fall in line with the constitutional values of equality and human dignity. The greatest difficulty inherent in this area of the law is the reluctance of the courts to intervene at the instance of consumers. The courts would only intervene in the clearest of the cases, and would only do so in the public interest. In this thesis the current South African Law is considered in the light of the developments elsewhere. The tendency of credit providers to alter the terms of the contracts unilaterally and the growing number of conflicting decisions of the Provincial Divisions of High Court has also been considered. The writer also considers the role of the newly created Consumer Affairs Court.
30
Wong, Sau-lim Tim. "Airline revenue management passenger right and protection /." Click to view the E-thesis via HKUTO, 2005. http://sunzi.lib.hku.hk/hkuto/record/B31633183.
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Letsie, Lemohang. "The Impact of the Protection of Personal Information Act No 69 of 2013 on Direct Marketing and Insurance consumer protection in South Africa." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78406.
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This dissertation seeks to examine the impact of the Protection of Personal Information Act 69 of 2013 (“POPI Act”) on direct marketing and insurance consumer in the insurance industry. This is important because the advancements in technology call for a delicate balanced between the protections of consumers Constitutional rights with an enabled economic growth market.
Technology makes it easy for personal information to be collected and be disseminated in huge volumes across the globe within seconds. The personal information such as names and contact details therefore become available and can be collected for purposes of direct marketing. Before the enactment of POPI Act, unwanted direct marketing in the insurance sector was regulated by section 45 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) as well as various insurance statutes. The Consumer Protection Act 68 of 2008 (“CPA”) does not apply in to the insurance industry, however, will be discussed briefly to create context and an appreciation of the adequacy of the protection provided by insurance statutes on direct marketing.
This dissertation therefore argues that insurance legislation was not adequate to protect the insurance consumers from the unlawful processing of their personal information by direct marketers. The inconsistencies in different statutes before POPI Act was enacted made it easy for the direct marketers to infringe on the consumers’ right to privacy by sending the unwanted direct marketing communication or by disclosing these consumers’ personal information to third parties without the consumer’s knowledge or consent.
In examining the efficacy of the POPI Act, the study shows that its provisions are sufficient to protect insurance consumers from unwanted direct marketing. This conclusion is supported by the fact that the POPI Act is a personal information protection legislative instrument and more specifically because section 69 of this Act is dedicated to the regulation of direct marketing in all industries. The POPI Act provides guidelines for lawful processing of personal information, thus supporting the free flow of information for purposes of direct marketing, while securing privacy of consumers.Mini Dissertation (LLM)--University of Pretoria 2020.
Mercantile Law
LLM
Unrestricted
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Uzokwe, Henry Chilewubeze. "Consumer protection in the banking sector : the need for reform to protect bank consumers in Nigeria." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15661.
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The protection of consumers of financial services has attracted a lot of debates following the global financial crisis of 2007 to 2009. As a result, there have been series of reforms in a number of jurisdictions across the globe. Despite this development some countries still lag behind and Nigeria is no exception. This study examines the problems of consumer protection in Nigeria, with specific reference to the bank consumers. The aim is to consider whether the Nigeria consumer protection regime provides "sufficient protection to bank consumers and whether it should be reformed". The study also focuses on the role of the Central Bank of Nigeria (CBN) in consumer protection, its dispute resolution mechanism and the practical challenges. The test of sufficiency will be analysed and discussed, using 'consistency', 'efficiency' and 'accessibility' in order to illustrate the existing weaknesses in resolving consumer dispute. The approach in this study is doctrinal analysis. In all, the findings suggest that there is need, to reform the consumer protection regime in the banking sector and enforce laws which will address issues highlighted in the study to enable the users of banking services in Nigeria to obtain an appropriate level of protection through regulatory processes. This study, therefore, also provides a comparative analysis between United Kingdom and Nigeria, using current consumer protection framework in the United Kingdom in making proposals for the needed reforms in Nigeria. The study thus concludes with the recommendation that the current Nigerian consumer protection regime does not offer adequate protection; hence protecting consumers require a holistic approach which includes effective consumer protection framework, enforcement, coordination and cooperation from different stakeholders.
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Murni, Retno. "Towards a consumer protection for low-cost housing in Indonesia." Thesis, University of Newcastle Upon Tyne, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.493086.
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In view of international issues involved in providing adequate housing, several studies have investigated the basis of long-tem development plans in developing countries that have been implemented to address housing shortages, particularly in urban areas. The Indonesian government, correspondingly with other developing countries, took the significant decision to implement a housing program. This comprised subsidized schemes to construct primarily low-cost houses in urban areas.
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Halim, Mustafa Afifi bin Ab. "Consumer protection regarding halal food in Malaysian and English law." Thesis, University of Hull, 2018. http://hydra.hull.ac.uk/resources/hull:16885.
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The thesis will explore consumer protection in respect of the abuse of halal food law in Malaysia. It will argue that the protection of halal food consumers is not sufficient to protect consumers in Malaysia. It will identify potential halal food-law infringements in the areas of certifications, false labelling, adulteration of halal food, improper slaughtering practices, questionable hygiene, and misrepresentation of halal. This thesis will investigate the current legal framework of halal food by identifying the potential violation of law, and consequently, will explore possible remedies and legal protection in cases where there is halal food abuse in Malaysia. This thesis will also consider the issue of private remedies for consumers who suffer as a result of food abuses and will explore compensation as a remedy for the nuisance caused. In addition, it will explore the adequacy of administrative measures to address halal food issues in Malaysia and identify whether these measures are capable of preventing legal abuses and holding traders to account. The competent authorities who enforce halal standards face problems and difficulties in providing a sufficient level of policing. This thesis will explore the criminal remedies provided by Malaysian law to deal with halal food abuse. While the problems in Malaysia and the United Kingdom may be similar, there are differences in how both countries deal with halal food issues. This thesis seeks to identify practices and solutions provided by English law which may be implemented in Malaysia to offer increased or more effective protection and to prevent halal food infringement. This thesis will suggest that the law in Malaysia requires modification in order to improve consumer protection. It will indicate a need for effective implementation of legal and enforcement measures in Malaysia. Any consequences of the lack of resources will also be identified. The thesis will conclude by providing recommendations on the implementation of a set of rules and compliance measures that will effectively contribute towards improving consumer protection vis-à-vis halal food in Malaysia.
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Leão, João Eduardo Calça. "Banking resolution : between the systemic risk and the consumer protection." Master's thesis, Instituto Superior de Economia e Gestão, 2014. http://hdl.handle.net/10400.5/7835.
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Mestrado em FinançasCrises bancárias recentes requerem acções decisivas por parte das autoridades de forma a proteger os consumidores, os contribuintes e o sector bancário como um todo. Tendo como base a legislação europeia de 2014 este trabalho tem como objetivo analisar as decisões das autoridades na Irlanda e Islândia. Elaborámos um breve sumário das condições envolventes durante as crises e referimos algumas causas possíveis. Os problemas sofridos pelos depositantes no banco Icesave também são tomados em consideração. Os processos de resolução são explorados e as decisões das autoridades relativas as principais bancos são analisados. Foram escolhidos três aspetos para avaliar resoluções tais como o cumprimento de objetivos de resolução, as condições prévias encontradas e os mecanismos de resolução utilizados, baseados nos princípios da legislação europeia, e análise das decisões tomadas em instituições de acordo com estes aspetos. Foram encontradas algumas semelhanças tais como as condições prévias ao processo de resolução, a maior parte dos mecanismos utilizados e foi alcançada uma maior estabilidade financeira depois do processo. Encontramos diferenças relativas aos mecanismos utilizados pelas autoridades particularmente a não utilização de "bail-in" para obrigações sénior no caso da Irlanda e as recapitalizações por parte do governo foram menores na Islândia. Apesar da maior estabilidade financeira a proteção dos consumidores foi diferente, as autoridades Islandesas apenas cobriram os depósitos no país e não depositantes estrangeiros em sucursais e filiais pertencentes a instituições Islandesas.
Recent banking crises demanded decisive actions from the authorities to protect the consumers, the taxpayers and the banking sector as a whole. Based on the European legislation from 2014 this paper intends to analyse the authorities' decisions in Iceland and Ireland. We provide a brief summary of the environment during the crises and refer some possible causes. The problems with depositors on Icesave bank are also taken into account. The resolution processes are explored and authorities' decisions for the main banks are analysed. Three aspects were chosen to evaluate resolutions such as the achievement of resolution objectives, past conditions met and resolution tools used, based on the European legislation principles, and decisions on individual institutions are analysed according these aspects. Some similarities were found such as the conditions met prior to the resolution, most resolution tools used and the achievement of greater financial stability after the process. We found differences regarding the tools utilized by the authorities notably the lack of "bail-in" for senior bondholders on Ireland case and the recapitalizations by the government were lower on Iceland. Despite the higher stability the protection of consumers was divergent, with Icelandic authorities covering only the depositors on the country and not foreign depositors on branches or subsidiaries belonging to Icelandic institutions.
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Goldstein, Samantha. "U.S. Importation of French Cheeses: Trade Protectionism or Consumer Protection." Thesis, Virginia Tech, 1999. http://hdl.handle.net/10919/44196.
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This study examines the extent to which the equivalency provision presented in the SPS agreement is able to foster trade negotiations between countries adopting different food safety measures. The study examines the role of scientific evidence as well as the political, economic, and cultural factors in impacting the national regulatory process and the international trade negotiations. It focuses on the limitations of science in allowing countries to reach consensus in contentious trade-related debates laden with risk uncertainty and missing data.
The study consists of comparing the key components of the U.S. and French regulatory systems to identify the cultural basis for the differences in the perception of listeria risk and in preferences to control it. The stringent standards adopted in the U.S. and the preference for pasteurization are attributed to the complete separation of the regulatory functions form those of food production, the open style of decision-making which allows private citizens to review and comment on administrative actions, the unwillingness of U.S. regulators to expose vulnerable individuals to deadly pathogens, and the reliance on quantitative data to validate the effectiveness of pasteurization. The more flexible standards impacting listeria regulation in France are attributed to the the integration of regulatory functions with those of food production, the consumer preference for natural products, the public's trust in the government's regulatory decisions, and the belief that the determination of appropriate safety measures should be left up to the producers.Master of Science
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Du, Plessis B. (Burnadene). "The effect of the consumer protection act on franchise agreements." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/41308.
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This dissertation discusses the influence of the Consumer Protection Act No 68 of 2008, the “CPA”, on franchise arguments. It is argued that the provisions of the CPA will lead to the consequences of restoring equality between a franchisee and a franchisor. A franchise agreement is viewed as an ordinary commercial contract, governed by the same legal principles as any other contract. In reality franchising is in fact far beyond a simple contract; it is also used as a governing system. The franchisors create structures whereby their franchisees can be controlled. In order to manage franchisee opportunism such as the unauthorized use of intellectual property and addressing under-performance, an inherent power imbalance was present in favour of franchisors. The CPA introduced certain provisions that address the relationship between franchisors and franchisees by prescribing and controlling the rights and obligations of the parties. As a result, a fair structure is created to regulate the franchise relationship between the parties. The promulgation of the CPA is welcomed by this study and it is submitted that the country’s economy as a whole can only benefit from it.Dissertation (LLM)--University of Pretoria, 2013.
lmchunu2014
Mercantile Law
unrestricted
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潘玥竹. "Consumer Credit Protection." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/47001050302468360515.
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Maclachlan, Patricia Lynn. "The politics of consumer protection in Japan the impact of consumer organizations on policy-making /." 1996. http://catalog.hathitrust.org/api/volumes/oclc/38015955.html.
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Yu, Tseng Pei, and 曾佩萸. "Administrative Investigation Powers Of the Consumer Under the Consumer Protection Law - Section 33 Of the Consumer Protection Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/khugnw.
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碩士東吳大學
法律學系
101
This paper focuses on the consumer protection authority in accordance with consumer protection laws adopted in the exercise of administrative investigation scope, as a result of its judgment, the Court interpreted according to the executive authority to exercise its administrative investigation narrows or explanation, it is inevitable relegation judge sentenced to over-reliance on enforcement rather literal explanation or flow in the evaluation of evidence, such faith and for the interests of the people affected and most huge. Therefore, by this study is in response to a great variety of electronic forms of Internet trading to further establish "Consumer Protection Act Section 33" of the right to an administrative investigation of the actual scope, approach. First, brief introduction in the Chapter 1 with the background, motivation and purpose, and introduce scope and methodology of this study. The Chapter 2 is by reference to the foreign countries in which the executive branch of the exercise of administrative investigation powers, legal system based on the principle of proportionality should be in compliance with the law and subject to the norms of the legal principles and limitations of administrative authority to establish an administrative act its legitimate and appropriate. The Chapter 3 is illustrated in the various constitutional facts of life for the people has its scope of protection of fundamental rights, while out in the Constitution delineated the scope of protection, the people can be excluded from state intervention behavior, so the executive authorities engaged in a variety of administrative acts , made a variety of administrative decision, both must have the legality as a basis. In the Chapter 4, exploring administrative organs based on the protection of consumers, so for all types of consumer disputes, in order to clarify the facts and responsibilities will be carried out when a substantial degree of administrative investigation, but if any of the judicial powers interfere in compliance with administrative powers to protect the interests of consumers . Chapter 5 is illustrated by people genuinely have no interest on the administrative investigation, which is usually a pipe which seek relief. Chapter 6 was this conclusion.
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SU, CHIN-HSIA, and 蘇錦霞. "Study of Consumer Protection Litigation." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/76812628807954861161.
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碩士輔仁大學
法律學系碩士在職專班
105
Ever since the Consumer Protection Act has established a consumer group litigation institution, the Consumer Foundation has filed a serial of such group litigation proceedings, including the first "Sin-Jhuang Doctors’ Home Building" case on March 15, 2000, "Tai Ping Hong 17 Building," "Dong Gao Parking Tower," "A-Li-Shan small train overturned," "Alexandria fitness center closure," "plasticizer," "Pang-Da-Ren non-natural enzyme," "Poor quality Oil," " Ba-Sian Dust Burning "and other cases. In spite of many amendments have been made to the Act concerning the consumer groups litigation; yet, there are still many problems that need to be resolved when such institution is used. The scope of this study is based on the institution of consumer protection litigation that is brought by the consumer protecting groups for consumers. The study will make discussions with reference to the relevant provisions of the United States and Japan as well as their practices. In order to shed light on the features of this institution and make a comprehensive analysis on its appropriateness, the study will also compare code of civil procedure, securities investor and futures trader protection act and personal information protection act that have similar institutions. The study aims to utilize the experience the author has had in practice, including the process of analyzing facts and laws and the thinking, perceptions, and reflections arising whereof and thus make a discussion on what should be added to the current institution. With this study, the author wishes to provide some personal ideas in hope to support the work of the legislators and the judicial practices in seeking a better institution for the consumers.
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Chung, Fwu Yuh, and 符玉章. "Research of Consumer Credit Protection." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/83959266166045464612.
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Tsai, Chang-Lin, and 蔡全淩. "Internet Trading Consumer Protection prospect." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/01642313268492473247.
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碩士國立中正大學
財經法律學研究所
103
Due to the widespread use of internet technology, nowadays internet transactions become more and more prevailing. However, the wole internet- transaction process involves multidirectional legal aspects. This article firstly introduces internet-transaction mechanism and clarify what actually internet transactions are. After that, this article elaborates on the subject, object, and the way contracts entered into of transactions on internet, and then compare the differences between traditional transactions and internet transactions. Though Consumer Protection Law in Taiwan characterized internet transactions as a type of mail-order sale, there are still many problems need to be addressed. Secondly, this article deals with the requirements of formation and effectiveness of internet-transaction contracts as well as the nature of internet advertising. Furthermore, taking consumer protection into account, this article examines cases where products mispriced by business on internet shop due to the negligence of employee and malfunction of electronic equipment to see whether the business owner has the duty to fulfill the order placed by consumers during the periods of mispriced from the point of view of Taiwan legal practice. As internet transactions adopts standard form contracts which is set up by business owner in advance when concluding contracts, it is highly potential to do harm to consumers. Therefore, the central competent authority for Internet transactions must take supervision measures against standard form contracts to protect consumers. The current Consumer Protection Law is insufficient in ensuring consumer rights concerning Internet Transactions. As a consequence, It should take the Directive on Consumer Rights 2011/83/EC as reference, requiring business to provide information of goods and services initiatively so that consumers can carefully evaluate the risks before concluding contracts and avoid undesirable transactions. Nevertheless, with the more and more complex internet-transaction modes, there is need to codify the law specialized in internet transactions to effectively safeguard the consumer rights in internet transactions.
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CHEN, YA-HUI, and 陳雅慧. "A Study of Consumer Litigation in Consumer Protection Law." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/45kz38.
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碩士中原大學
財經法律研究所
106
At the beginning of the Code of Civil Procedure was first legislated, the procedural subjects were presupposed by one-on-one parties. However, as time goes on and technology continues to evolve, modern types of disputes with the trait of multiple victims, so disputes that involve multiple parties’ are becoming more frequent. Changes in litigation patterns reflect deficiencies in Taiwan’s legislation, and therefore class actions’ amendment to the Code of Civil Procedure and the Consumer Protection Law had been made. The question now is, if the relevant regulations of the Code of Civil Procedure can cope with such disputes, whether there is still a requirement for the existence of regulations about class actions in Consumer Protection Law. In Chapter II, the multiple-party litigation form in the Code of Civil Procedure, such as appointing the representative party and joinder of parties, is introduced. Chapter III introduces consumer litigation in the Consumer Protection Law, beginning with legislation of the Consumer Protection Law, to consumer litigation and designs of consumer litigation in the Consumer Protection Law. Chapter IV, to focus on the content of class actions in the Consumer Protection Law and regulations that are related to class actions in the Securities Investor and Futures Trader Protection Act, then to compare with each other. Eventually, to distinguish between Articles 44-1 to 44-3 of the Code of Civil Procedure and Articles 50, 54, and 53 of the Consumer Protection Law. Chapter V, I comment on famous cases about class actions in practice, namely the collapse of the “doctor’s home” community because the huge 921 earthquake in Taiwan and the plasticizers case about the security of food products, then see problems by class actions are operated practically. Finally, I propose my own opinion and hope to use this paper to introduce and explore this area so that more people can value consumers’ rights. I also hope that the consumer class actions system can be made more comprehensive in the future.
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Hung, Pin-Chieh, and 洪品絜. "The procedure of The Consumers Debt Clearance Act：Focus On Consumer Protection." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/22750805098656298353.
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碩士國立中央大學
產業經濟研究所
104
In 2005, Credit card and Cash card crisis had a huge impacted on Taiwan's financial markets. The crisis not only effected socio-economic, but also people realized that laws alone don’t solve the problems. Therefore, the event invoked “The Consumers Debt Clearance Act” in 2007 and was enacted in 2008. According to Judicial Yuan, the statistic showed that except from 2008, the average number of applicants for the past eight years was sixteen thousands, which is a lot less then the actual numbers of Taiwanese in credit card debt. Surprisingly, the research from the Legal Aid Foundation showed that some of the Taiwanese carrying credit card debt had no information about the procedure of The Consumers Debt Clearance Act. But on the other hand, the legislation has been one of the most important laws in developed countries. Hence, the thesis referenced Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, United States Bankruptcy Code chapter 7 and 13. To increase the debtors’ understanding of The Consumers Debt Clearance Act, the thesis will present two solutions to this case. First to amend standardized contracts and second to revise The Consumers Debt Clearance Act by referencing Pre-Petition Consumer Credit Counseling and Financial Management Instructional Courses of Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Huang, Charles, and 黃超彥. "Mail Order Sale and Consumer Protection." Thesis, 2001. http://ndltd.ncl.edu.tw/handle/87941704287780166878.
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Chia-Chen, Shih, and 石家禎. "Mail Order Sales and Consumer Protection." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/92170063483672275345.
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WEI-KWANG, WANG, and 王偉光. "Credit Cards and Consumer Credit Protection." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/13635756868729226076.
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HWANG, YAN-KAI, and 黃彥凱. "Study of Financial Consumer Protection Act." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/92614453289054676028.
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碩士國立臺北大學
法律學系一般生組
101
After the financial tsunami in 2008, financial market in Taiwan suffers an extreme impact. Taiwan’s market buyer fell down due to the Structured note and can’t get a reparation under the conservatism position hold by the court. Therefore it’s necessary to build up a wall to safeguard these financial consumers and so the Financial Consuming Protection Act was born. The act is separate in two parts, the protection of consumer and financial consumption dispute resolution. This thesis will compare problems after the act was used with British law and try to make reasonable explanation or possible resolution. In the main time, this thesis will also compare its deliberation procedure with other common process and sort out the grade made by the Financial Consuming Dispute Resolution Center last year
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吳承翰. "Advertising marketing and Civil liability—Focusing on Civil Law , Consumer Protection Law and Financial Consumer Protection Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/2cqd38.
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