Journal articles: 'Consumer redress'

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Borrie, Gordon. "Consumer Redress - An Overview." Denning Law Journal 6, no. 1 (November 7, 2012): 23–31. http://dx.doi.org/10.5750/dlj.v6i1.200.

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Hodges, Christopher. "Current discussions on consumer redress: collective redress and ADR." ERA Forum 13, no. 1 (January 11, 2012): 11–33. http://dx.doi.org/10.1007/s12027-011-0245-5.

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Mupangavanhu, Yeukai. "An Analysis of the Dispute Settlement Mechanism under the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 319. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2526.

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This article critically analyses the provisions of the Consumer Protection Act 68 of 2008, which deals with the enforcement of consumer rights. The Act provides for various forums where consumers can seek redress in cases where their rights have been infringed, impaired or threatened. The article demonstrates that the consumer redress mechanism is an essential component of the Act. However, it argues that having various forums to do so may pose practical challenges, as this may cause confusion and may lead to forum-shopping in cases where an aggrieved consumer has to choose the appropriate forum to seek redress. It is proposed that section 52 should be amended and that section 69 should be purposively and narrowly interpreted to ensure that the consumer protection institutions are exhausted before approaching the ordinary courts.

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Ilias, Ibtisam @. Ilyana, Rusni Hassan, Salina Kassim, and Elistina Abu Bakar. "CONSUMER CREDIT GRIEVANCE AND REDRESS MECHANISMS: THE MALAYSIA PERSPECTIVE." UUM Journal of Legal Studies 12, Number 2 (July 5, 2021): 61–88. http://dx.doi.org/10.32890/uumjls2021.12.2.4.

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This study examines the redress mechanisms accessible to aggrieved consumers dealing with various consumer credit providers in Malaysia. The existing legal and institutional framework characterised by the piecemeal approach has led different groups of consumers to varying levels of access, which can be superior or inferior to one another. The study employs a doctrinal legal research methodology in analysing the two alternative dispute resolution bodies, namely, the Ombudsman for Financial Services, and the Tribunal for Consumer Claims. Primary sources of law, namely, the Consumer Protection Act 1999, the Financial Services Act 2013, the Financial Services (Financial Ombudsman Scheme) Regulation 2014, the Hire-Purchase Act 1967, the Moneylenders Act 1951, and the Pawnbrokers Act 1972, are meticulously analysed along with secondary sources of law that principally comprise journal articles. The study reveals disparities in terms of access to cheap and simple redress mechanisms by various categories of consumers who are aggrieved by the actions of credit providers. The position of bank consumers and those entering into credit sale is accounted for, as there are particular ADR bodies established under relevant legislations to hear their respective disputes. On the contrary, the position of those who wish to lodge claims against moneylenders, pawnbrokers or credit companies offering hire-purchase is problematic. Several recommendations are proposed to resolve this opacity inter alia by referring to the approach adopted by South Africa. This study is significant in ensuring fair access to inexpensive and hassle-free dispute resolutions for all financial consumers, irrespective of the nature of their consumer credit transactions.

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Huh, You-Kyung. "Consumer Friendly Financial Consumer Redress - A Comparative Case Study on Consumer Redress in Large Scale Mis-selling Scandals." BUSINESS LAW REVIEW 32, no. 3 (September 30, 2018): 317–57. http://dx.doi.org/10.24886/blr.2018.9.32.3.317.

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Philippe, Mirèze. "ODR Redress System for Consumer Disputes." International Journal of Online Dispute Resolution 1, no. 1 (June 2014): 57–69. http://dx.doi.org/10.5553/ijodr/2014001001004.

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Vlahek, Ana. "Development of Consumer Collective Redress in the EU: a Light at the End of the Tunnel?" Baltic Yearbook of International Law Online 18, no. 1 (December 13, 2019): 134–68. http://dx.doi.org/10.1163/22115897_01801_009.

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The development of collective redress in the EU started in the 1980s and first resulted in adoption of legislation on collective injunctive and declaratory relief for the protection of specific interests, in particular consumer interests, and later focused on expanding the rules in other areas of law as well as accompanying them with rules on collective compensatory redress. As in recent years ever more mass harm cases without a proper procedural framework for tackling them have been detected, the EU has intensified its collective redress regulation activities, in particular with a view to safeguarding consumers’ interests. Although collective redress as such is generally perceived as a common feature of modern European judicial systems, the EU institutions have been tackling how best to regulate it in the European legal environment. They have produced a plethora of rather uncontrollable acts with different effects and scope of application that have introduced different and at times ambiguous definitions and concepts without enough valuable interpretation and insight into the reasons behind them. Referring to insufficient ms reaction to the 2013 Recommendation, in 2018 the Commission drafted a new, binding regime for consumer collective redress that may well require prudent ms that have already introduced compensatory collective redress to amend their recently adopted legislation. The paper presents the development of (consumer) collective redress in the EU by analysing four stages of legislative activity at the EU level and the principles and solutions of the relevant acts adopted within them.

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Fairgrieve, Duncan, and Geraint Howells. "COLLECTIVE REDRESS PROCEDURES–EUROPEAN DEBATES." International and Comparative Law Quarterly 58, no. 2 (April 2009): 379–409. http://dx.doi.org/10.1017/s0020589309001080.

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AbstractCollective redress mechanisms for consumer claims seek both to allow legal systems to accommodate mass litigation without being overwhelmed and to enable litigation to be viable where individual claims would not be economic. The article maps a number of recent reforms and reform proposals relating to consumer collective redress at national level and comments on EU developments. It notes that there is insufficient recognition of the differences between schemes geared at managing mass litigation as opposed to those aimed at facilitating otherwise non-viable claims. There are however signs that a European style of collective redress procedure is developing, which emphasize the role of public authorities and consumer organizations as gatekeepers to collective redress. The EU is unlikely to be able to impose collective redress procedures on national civil procedures, but the EU could prompt Member States to reflect on the need for national reforms. There may be limited scope for an EU mechanism to address the problem of individually non-viable consumer claims. This would however have to address certain fundamental issues such as the opt-out mechanism, cy-près distribution and funding if consumer organizations are to be encouraged to bring such actions. At a legal doctrinal level, it is interesting to note the influence of comparative studies on policy development within Member States as well as at the EU level.

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Sharma, Deepa. "Redress Of Insurance Consumers’ Grievances A Study Of Company Executives’ Perception." Paradigm 14, no. 2 (July 2010): 1–12. http://dx.doi.org/10.1177/0971890720100202.

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In modern marketing, the consumer satisfaction determines the company’s long-run success. In the case of marketing of services, like insurance, consumer satisfaction has numerous dimensions, and is, therefore, a complex phenomenon. Based on a study conducted to examine the corporate and public systems for redressing insurance consumers’ grievances, this paper seeks to report the findings pertaining to the company executives’ perception of the two systems. A representative sample of executives from all levels of the consumer grievance redress (CCR) machinery of the selected insurance corporate put forth their opinions on the nature of a CCR system, reasons behind its establishment, and the resulting benefits of maintaining the same. Furthermore, they have suggested more effective proposals for improving their own system as also the need for an external system, especially the Insurance Ombudsman.

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CHEN, Vivien, Andrew GODWIN, and Ian RAMSAY. "An ASEAN Framework for Cross-Border Cooperation in Financial Consumer Dispute Resolution." Asian Journal of Comparative Law 12, no. 1 (April 11, 2017): 167–96. http://dx.doi.org/10.1017/asjcl.2017.1.

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AbstractThe increasing integration of regional markets in Southeast Asia has led to the need for a regional framework for financial consumer protection. Access to affordable redress mechanisms is essential for consumer confidence in ASEAN’s burgeoning regional financial markets. Drawing on established channels of regional cooperation among ASEAN Member States, this article proposes a framework based on international best practices and existing financial consumer dispute resolution mechanisms in ASEAN 5 countries. It explores the need for cross-border cooperation to facilitate the effective resolution of financial consumer disputes arising from cross-border transactions. Key proposals include requiring ASEAN CIS passport operators to submit to the jurisdiction of host country financial consumer alternative dispute resolution mechanisms. The ASEAN Committee on Consumer Protection, with its contact points in each Member State and website on available consumer redress mechanisms across ASEAN, provides a platform for the strengthening of cross-border cooperation and facilitating financial consumer access to affordable redress in cross-border transactions.

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Lombard, Marianne. "Parol evidence and the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal 24 (July 5, 2021): 1–27. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9486.

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The conflict between the objectives of the Consumer Protection Act 68 of 2008 – to protect consumers and ensure accessible and transparent redress – and the purpose of the parol evidence rule – to exclude extrinsic evidence and observe the maxim pact servanda sunt ‒ is evident and forms the basis of this article. The purpose of consumer protection legislation is to balance the rights of consumers and suppliers, to protect the interests of consumers and to ensure efficient redress for consumers who have been wronged. The parol evidence rule, which is still in effect in South Africa, prohibits extrinsic evidence in a dispute to interpret a written agreement between parties to ensure certainty on the terms and conditions agreed to in writing. In practice, the parol evidence rule can disadvantage consumers who enter into standard-form contracts, as they normally are in an inferior bargaining position and cannot negotiate the individual terms and conditions of consumer agreements. It is obvious that the strict enforcement of the parol evidence rule in consumer agreements could lead to unjust results in consumer disputes. The provisions of the Consumer Protection Act 68 of 2008 are discussed to establish the extent of the limitation of the parol evidence rule therein. Then, the Consumer Rights Act, 2015 in the United Kingdom is considered to establish the tendency to limit the application of the rule in foreign consumer legislation, and to compare that to the position in South Africa. This article discusses whether the restriction or limitation of the parol evidence rule in the Consumer Protection Act is efficient in reaching the aims and objectives of the Act.

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Khan, Kishwar, and Sarwat Mansoor. "A Strategy for Consumer Protection in Pakistan." Pakistan Development Review 35, no. 4II (December 1, 1996): 1003–17. http://dx.doi.org/10.30541/v35i4iipp.1003-1017.

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Government is relying increasingly on the market mechanism for economic management. The underlying perfect competition model assures maximum welfare of consumer, but assumptions of the model do not hold in real world. Consumer is central to economic activity but at the same time is vulnerable to exploitation by producers, misleading information, ignorance of his rights and non-availability of redress mechanism. Markets may be competitive but the consumers may suffer on account of imperfect information, search and transport costs needed to make satisfactory choices. This creates the need for government intervention for protecting the consumer welfare and rights. This paper explains why a consumer protection policy is needed in a situation of ‘competitive’ markets and looks into consumer protection strategies followed in some other countries. The area of consumer protection in Pakistan has remained neglected so far and no meaningful effort has been made in this direction. Realising this gap, the paper chalks out a consumer protection strategy for Pakistan; which goes beyond mere formulation of legislation and also includes consistent efforts towards awareness creation, provision of information/advice, setting of quality standards and redress. In the long run the efforts should continue in the from of research, formation/strengthening of consumer pressure groups and regional cooperation.

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Tang, Zheng Sophia. "Consumer Collective Redress in European Private International Law." Journal of Private International Law 7, no. 1 (April 2011): 101–47. http://dx.doi.org/10.5235/174410411795375614.

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A. Lale, SİRMEN. "CONSUMER REDRESS IN CIVIL PROCEEDINGS IN TURKISH LAW." Ankara Üniversitesi Hukuk Fakültesi Dergisi 3, no. 2 (2006): 1. http://dx.doi.org/10.1501/hukfak_0000000258.

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15

Borna, Shaheen. "Illegal products and the question of consumer redress." Journal of Business Ethics 8, no. 6 (June 1989): 499–505. http://dx.doi.org/10.1007/bf00381817.

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Hogarth, Jeanne M., and Maureen P. English. "Consumer complaints and redress: an important mechanism for protecting and empowering consumers1." International Journal of Consumer Studies 26, no. 3 (September 2002): 217–26. http://dx.doi.org/10.1046/j.1470-6431.2002.00239.x.

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Lee, Se-In. "Consumer Collective Redress in Korea - focused on consumer organization action and consumer collective dispute mediation -." KANGWON LAW REVIEW 58 (October 31, 2019): 615–36. http://dx.doi.org/10.18215/kwlr.2019.58..615.

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Ong, Chin Eang, and David Teh. "Redress procedures expected by consumers during a business-to-consumer e-commerce dispute." Electronic Commerce Research and Applications 17 (May 2016): 150–60. http://dx.doi.org/10.1016/j.elerap.2016.04.006.

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Malczyńska-Biały, Mira. "The specificities of modern consumer society in the European Union." Przegląd europejski 4 (February 2, 2020): 81–92. http://dx.doi.org/10.5604/01.3001.0013.7890.

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The article aims to analyse the specificities of modern consumer society in the European Union and, therefore, it presents the genesis and the essence of consumer society development in Europe. It points to the idea of consumer society in terms of economy, politics, sociology, and philosophy. The specificities of the modern consumer society in the European Union are influenced by legislative processes in regard to the economical safety of consumers including safety of goods in terms of information, education, and redress, with special regard to cross-border transactions. The article presents the definition of consumer ethics and the specifics of certain ethical norms connected with the purchase process, what have evolved together with the development of consumer society in the EU.

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Babovic, Branka. "Legislative changes in the field of consumer collective redress." Anali Pravnog fakulteta u Beogradu 62, no. 2 (2014): 215–28. http://dx.doi.org/10.5937/analipfb1402215b.

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Moore, J. M. "Safety and quality of food from animals: the consumers' view." BSAP Occasional Publication 17 (January 1993): 1–6. http://dx.doi.org/10.1017/s0263967x00001208.

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AbstractTo assess any system that provides goods or services, the National Consumer Council has developed a number of consumer criteria to judge how well they perform from the consumers' point of view. They include price, safety, access, choice, information, redress, efficiency, equity, public accountability and consumer representation. When it comes to food, consumers are naturally interested in the price, quality, safety and choice of food products available to them. This presupposes that all have access to a secure supply of staple foods: a fundamental right of all consumers.Quality covers many aspects such as the variety, content, composition, nutritional value, taste, freshness and appearance of foods and recently, animal welfare has become associated with quality in the perception of consumers. Safety issues in the 1990s include additives, veterinary drug residues, pesticide residues, microbiological contamination and biotechnology.

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Mucha, Jagna. "Heading Towards an Effective Mechanism for the Protection of Collective Interests of Consumers – Some Comments on the Proposal for a Directive on Representative Actions." Yearbook of Antitrust and Regulatory Studies 12, no. 19 (2019): 205–29. http://dx.doi.org/10.7172/1689-9024.yars.2019.12.20.8.

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In April 2018, the European Commission introduced a long awaited Proposal for a Directive on represented actions, which aims to modernize the existing European collective redress system. The aim of this paper is to answer the question whether the solutions put forward in this Proposal will improve the landscape of collective redress in the EU. For this purpose, I analyse the existing model of collective consumer redress in the EU, as set forth by Directive 98/27/EC, Directive 2009/22/ EC and Recommendation 2013/396/EU; I also evaluate it from the perspective of its functionality with special consideration of key problematic issues. Against this background, I present the legal provisions put forward in the Proposal for a Directive on representative actions. The comparison of both legal structures makes it possible to give an answer to the question whether the proposed legislation can remedy the existing problems of the collective redress system and, thus, to answer the question whether it will contribute to strengthening the mechanism for the protection of collective consumer interests in the EU.

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Gill, Chris, Jane Williams, Carol Brennan, and Carolyn Hirst. "Designing consumer redress: a dispute system design (DSD) model for consumer-to-business disputes." Legal Studies 36, no. 3 (September 2016): 438–63. http://dx.doi.org/10.1111/lest.12116.

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This paper proposes a model for designing consumer dispute resolution (CDR) mechanisms (including conciliation, adjudication, arbitration and ombuds schemes). This field has expanded significantly in recent years, replacing courts as the primary forum of dispute resolution in some areas of consumer-to-business activity. This expansion has been ad hoc, with a lack of consistency in the design of CDR mechanisms and in the overall shape of the CDR landscape. In light of the recent implementation of the EU's Directive on Consumer Alternative Dispute Resolution and Regulation on Consumer Online Dispute Resolution, Dispute System Design (DSD) requires urgent attention to ensure that the design of future mechanisms is based on coherent principles. A failure to address this issue risks undermining the legitimacy of state-sanctioned dispute resolution. The model described in this paper proposes a systematic approach and aims to: synthesise existing DSD models; apply the concepts of DSD to the field of CDR; and provide a framework that may be of use in other disputing contexts.

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Ijabadeniyi, Abosede, and Jeevarathnam Parthasarathy Govender. "Coerced CSR: lessons from consumer values and purchasing behavior." Corporate Communications: An International Journal 24, no. 3 (August 5, 2019): 515–31. http://dx.doi.org/10.1108/ccij-10-2018-0110.

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Purpose The purpose of this paper is to investigate the underlying corporate social responsibility (CSR) factors which trigger consumers’ scrutiny of corporate behavior in the purchasing experience. There is more focus on how the direct effects of CSR can predict consumer behavior than the expression of value-based purchasing habits, especially in relation to how the multidimensionality of consumers’ expectations of CSR indirectly informs such behavior. Design/methodology/approach Mall-intercept survey interviews were conducted with 411 shoppers across five shopping malls in South Africa. Data were based on the emotional, social and functional values consumers derive from the purchasing experience vis-à-vis economic, legal, ethical and philanthropic expectations of CSR and analyzed using the path analysis technique of structural equation modeling. Findings It was found that the relationship between consumers’ sense of value and purchasing behavior is mediated by perceived fulfillment of legal expectations of CSR (a primary redressing tool). Conversely, the fulfillment of ethical and economic CSR expectations (secondary redressing tools) serves as moderators of the relationship. Research limitations/implications The benefit of approaching corporate communication from a value-based perspective is a proactive risk mitigation strategy. Consumers’ sense of value in the purchasing experience is triggered by companies’ adherence to institutionalized law on corporate behavior and reinforced by compliance to code of ethics and financial viability. Practical implications This study offers insights for understanding how consumers redress corporate misconduct during crisis through the buying experience and explains how such understanding can be used to better predict and manage crisis communication. Social implications The findings of this study suggest that CSR and corporate communication practices should be informed by the taken-for-granted assumptions which underpin espoused consumer values, where negligence of unspoken patterns of CSR-based consumer behavior could signal a crisis risk. Originality/value This study offers a model which demonstrates for the first time that consumers implicitly utilize CSR to redress corporate misconduct in the purchasing experience.

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Cortés, Pablo, and Fernando Esteban de la Rosa. "BUILDING A GLOBAL REDRESS SYSTEM FOR LOW-VALUE CROSS-BORDER DISPUTES." International and Comparative Law Quarterly 62, no. 2 (April 2013): 407–40. http://dx.doi.org/10.1017/s0020589313000109.

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AbstractThis article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.

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Mucha, Jagna. "Approaching consumer collective redress in the EU — business-oriented perspective." Przegląd Ustawodawstwa Gospodarczego 2020, no. 7 (July 20, 2020): 22–26. http://dx.doi.org/10.33226/0137-5490.2020.7.3.

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Cortés, Pablo. "The Law of Consumer Redress in an Evolving Digital Market." International Journal on Online Dispute Resolution 4, no. 2 (December 2017): 91–103. http://dx.doi.org/10.5553/ijodr/235250022017004002018.

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Waye, Vicki, and Vince Morabito. "Collective Forms of Consumer Redress: Financial Ombudsman Service Case Study." Journal of Corporate Law Studies 12, no. 1 (April 2012): 1–31. http://dx.doi.org/10.5235/147359712800129902.

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Calliess, Gralf-Peter. "Online Dispute Resolution: Consumer Redress in a Global Market Place." German Law Journal 7, no. 8 (August 1, 2006): 647–60. http://dx.doi.org/10.1017/s2071832200004995.

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Online dispute resolution (“ODR”) can be conceived as a means to achieve some of the most powerful legal ideals of the Western legal tradition. Among these are:(1) Legal Certainty: In making individual plans, decisions, and choices everyone is entitled to know what the law is in advance. Therefore, laws shall be public, written in everyday language, and shall not be changed too often. The application of laws shall be a simple operation (legal syllogism) so that citizens do not need attorneys, and judges are just la bouche de la loi (Montesquieu).

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Bant, Elise, and Jeannie Marie Paterson. "Consumer Redress Legislation: Simplifying or Subverting the Law of Contract." Modern Law Review 80, no. 5 (September 2017): 895–926. http://dx.doi.org/10.1111/1468-2230.12292.

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URSIC, MICHAEL L. "A Model of the Consumer Decision to Seek Legal Redress." Journal of Consumer Affairs 19, no. 1 (June 1985): 20–36. http://dx.doi.org/10.1111/j.1745-6606.1985.tb00342.x.

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Voet, Stefaan. "Consumer Collective Redress in Belgium: Class Actions to the Rescue?" European Business Organization Law Review 16, no. 1 (February 25, 2015): 121–43. http://dx.doi.org/10.1007/s40804-015-0003-1.

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Gibson, Leigh. "Access to justice and consumer redress within a Single Market." Journal of Consumer Policy 15, no. 4 (December 1992): 407–15. http://dx.doi.org/10.1007/bf01014119.

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Hamuľáková, Klára. "The Concept of Locus Standi in Collective Protection of Consumer Rights – the Pitfalls of Transposition of European Model into the Czech Legal Order." International and Comparative Law Review 19, no. 2 (December 1, 2019): 200–223. http://dx.doi.org/10.2478/iclr-2019-0021.

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Summary The paper deals with collective protection of consumer rights from the European and Czech point of view. The attention is focused on the question of the concept of legal standing to bring a collective actions (i.e. locus standi) The article compares the legal regulation of legal standing to bring a collective action in the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (2013/396/EU), in the proposal a new Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers [COM/2018/184 final-2018/0089 (COD)] and the Czech bill for the Collective Redress Act.

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Nguyen, Anh Ngoc Thi, and Chien Minh Le. "Protecting the interests of consumers in E-Commerce according to Vietnamese law." Journal of Mining and Earth Sciences 61, no. 5 (October 31, 2020): 87–96. http://dx.doi.org/10.46326/jmes.ktqtkd2020.12.

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Consumers’ rights protection is the guarantee of consumers in the commercial trasaction process in order to improve the efficiency of commercial transactions, creating a driving force for the development of national production. E-commerce is an effective but still relatively new form of civil transactions in our country and easy to infringe on consumers' interests, so to promote e-commerce transactions, the interests of Consumers in e-commerce are protected not only through the activities of consumer associations, but also through legal documents of the State such as the Law on Protection of Consumer Rights 2010, Law on Electronic Transactions 2005,… However, the practical research results show that, in the past time, the acts of violating consumer interests in e-commerce have tended to increase such as violations of goods information, personal secrets of consumers. The article analyzes the current situation of protecting consumers' interests in e-commerce according to Vietnamese law related to these aspects: (1) the information provided by businesses; (2) online payment security, data protection and privacy, dispute resolution and redress; (3) the right to obtain documents relating to e-commerce transactions,… proposing a number of recommendations to improve the efficiency of law enforcement on consumer protection in e-commerce, contributing to promoting goods exchange and business activities of the economy.

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Kim,Sun-Kwang. "The Potential of Online Dispute Resolution as a Consumer Redress Mechanism." 전자무역연구 8, no. 2 (May 2010): 73–94. http://dx.doi.org/10.17255/etr.8.2.201005.73.

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Anong, Sophia T., and Irina Kunovskaya. "M-finance and consumer redress for the unbanked in South Africa." International Journal of Consumer Studies 37, no. 4 (February 16, 2013): 453–64. http://dx.doi.org/10.1111/ijcs.12014.

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Cortés, Pablo. "A new regulatory framework for extra-judicial consumer redress: where we are and how to move forward." Legal Studies 35, no. 1 (March 2015): 114–41. http://dx.doi.org/10.1111/lest.12048.

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This paper examines the new legal framework on consumer Alternative Dispute Resolution (ADR) in the EU. Its primary contribution lies in identifying that harmonising the complaint submission in a pan-European Online Dispute Resolution (ODR) platform, and directing parties to nationally approved ADR entities that comply with minimum standards, will not fulfil the potential of an extra-judicial consumer redress system. This paper proposes key functions that the ODR platform should incorporate if it is to provide effective redress. This paper also argues that a successful ODR platform should include built-in incentives that encourage parties to: (i) participate in approved ADR processes; (ii) settle complaints with little or no intervention from neutral third parties; and (iii) ensure voluntary compliance with final outcomes.

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Pavlović, Marina. "Contracting out of Access to Justice: Enforcement of Forum-Selection Clauses in Consumer Contracts." McGill Law Journal 62, no. 2 (June 5, 2017): 389–440. http://dx.doi.org/10.7202/1040051ar.

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Forum-selection agreements in consumer contracts nominate by default the business’s home jurisdiction to resolve disputes and thus directly impact a consumer’s ability not only to access courts, but also to obtain access to substantive justice. It has been argued that courts should consider enforcing jurisdiction clauses in consumer contracts with “greater scrutiny” because of their inherent power imbalance. To examine how the courts approach forum-selection clauses in consumer contracts, this article analyzed all reported consumer cases involving forum-selection agreements in Canadian common law jurisdictions between 1995 and 2016. The analysis of these cases shows that the courts have failed to exercise the greater scrutiny that was called for. In light of the analysis of the surveyed cases, this article argues that the rules for enforcing forum-selection clauses in consumer contracts ought to be recalibrated to reflect the power dynamics of consumer relationships, the ubiquity of standard-form contracts, and their effect on consumers’ ability to obtain redress. This article proposes two suggestions for reform: legislative intervention to invalidate forum-selection clauses in consumer agreements, and reframing and recalibrating the common law strong-cause test for the enforcement of forum-selection clauses in consumer transactions.

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Fisse, Brent. "Redress Facilitation Orders as a Sanction Against Corporations." University of Queensland Law Journal 37, no. 1 (May 18, 2020): 85–106. http://dx.doi.org/10.38127/uqlj.v37i1.4137.

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The PhD thesis upon which Laura was working before her tragic death sought to resolve the intractable question of whether two key goals of anti-cartel enforcement, namely (a) deterrence and (b) compensation, can be achieved more effectively by integrating their pursuit. The potential capacity of redress facilitation orders both to facilitate compensation and to enhance deterrence is one aspect of that question. This article canvasses the possibility of redress facilitation orders designed to facilitate compensation for loss caused by cartel and other unlawful conduct and at the same time to enhance deterrence. It advances a statutory model for redress facilitation orders under the Competition and Consumer Act 2010 (Cth) (CCA). The model advanced is Australian in legislative style but could readily be adapted elsewhere.

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Richins, Marsha L., and Bronislaw J. Verhage. "Seeking redress for consumer dissatisfaction: The role of attitudes and situational factors." Journal of Consumer Policy 8, no. 1 (March 1985): 29–44. http://dx.doi.org/10.1007/bf00380281.

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Doren, Doris Van, Mark Peyrot, Louise Smith, and Susan Thomas. "The Effect of a Class Action Suit on Consumer Attitudes." Journal of Public Policy & Marketing 11, no. 1 (March 1992): 45–51. http://dx.doi.org/10.1177/074391569201100105.

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This article examines post purchase dissatisfaction caused by a class action suit and the resultant settlement. The findings indicate that participants in a consumer class action suit have more negative attitudes than nonparticipants and that their attitudes are further affected by their perceptions of the violation and the redress offered. The article concludes with implications for public policymakers and companies affected by class action suits.

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Hamuľáková, Klára, and Jana Petrov Křiváčková. "Alternative Methods of Collective Disputes Resolution in the Czech Republic." Baltic Journal of European Studies 6, no. 2 (October 1, 2016): 96–116. http://dx.doi.org/10.1515/bjes-2016-0014.

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Abstract On 11 June 2013, the Commission issued the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning the violations of rights granted under Union law. The main areas where private enforcement of rights granted under Union law in the form of collective redress is of value are consumer protection, competition, environment protection, protection of personal data, financial services legislation and protection of investments. Point 13 of the Recommendation concurrently emphasises that the principles it puts forward relate both to judicial and out-of-court collective redress. The Member States should ensure that judicial collective redress mechanisms are accompanied by appropriate means of collective alternative dispute resolution available to the parties before and throughout the litigation. Point 25 et seq. of the Recommendation then contains special regulations concerning collective alternative dispute resolution and settlements. The purpose of this article is to evaluate if the current legislation on alternative dispute resolution in the Czech Republic meets the principles encompassed in the Recommendation or if radical legal changes need to be adopted.

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Chaudhary, Abdul Haseeb. "Complaint behavior of mothers and daughters in Pakistan: Transmission and differences between generations." Social Behavior and Personality: an international journal 45, no. 10 (November 7, 2017): 1723–34. http://dx.doi.org/10.2224/sbp.6403.

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Despite the abundance of marketing literature on consumer complaint behavior, little research has been conducted to explicate such behavior from a generational perspective. I therefore investigated the complaint behavior of 2 generations in Pakistan, namely, mothers and daughters. I used a qualitative interview approach with 5 pairs of dyads. All interviews were transcribed and content analysis was performed. Findings showed that the mothers would most likely seek redress in person, would complain to others verbally, or would take no action. The daughters tended to seek redress in person and to tell others about the problem using electronic media. There was similarity between mothers and daughters in seeking redress and showing anger. The study thus serves as a precursor to future investigation of complaint behavior by different generation cohorts in the same family and of the potential transmission of behavioral values.

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Blodgett, Jeffrey G., Aysen Bakir, Anna S. Mattila, Andrea Trujillo, Claudia Quintanilla, and A. Banu Elmadağ. "Cross-national differences in complaint behavior: cultural or situational?" Journal of Services Marketing 32, no. 7 (October 8, 2018): 913–24. http://dx.doi.org/10.1108/jsm-12-2017-0413.

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Purpose Previous research indicates that dissatisfied consumers in other countries react differently as compared to those in the USA, due to their cultural orientation. These studies, however, have not recognized that retail policies (regarding returns and exchanges) in the USA are much more liberal and “consumer friendly” than in other parts of the world, and thus it is possible that their conclusions are flawed. The purpose of this study, therefore, was to determine the extent to which cross-national differences in complaint behavior are due to cultural vs situational factors. Design/methodology/approach To examine this issue, a two-part study was conducted. Study 1 compared consumers living in China, India and Mexico to cohorts who immigrated to the USA. Study 2 compared individuals from those same countries to subjects who are native to the USA. Findings The findings indicate that situational factors (i.e. consumer-oriented vs restrictive refund/return/exchange policies) have a large impact on consumer complaint behavior (i.e. redress, negative-word-of-mouth and exit), and that the effects of culture are minor. Research limitations/implications To infer cause-effect, and establish scientific theory, one must rule out alternative hypotheses. Researchers who are investigating cross-cultural complaint behavior must take situational factors into account. Practical implications With the emergence of “global consumers” consumer expectations around the world are changing. Astute retailers should institute and promote more liberal return policies, thereby mitigating consumers’ perceived risk. Originality/value This study dispels the notion that culture is responsible for differences in cross-national consumer complaint behavior.

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Ryngelblum, Arnaldo L., and Nadia Vianna. "Accomplishments and relevance of consumer protection organizations." International Journal of Organizational Analysis 25, no. 1 (March 13, 2017): 160–74. http://dx.doi.org/10.1108/ijoa-10-2015-0926.

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Purpose Despite the special attention given to consumers by the business and academic literature, the dissatisfaction of Brazilian consumers has increased significantly. This manifest mainly through the initiation of complaints’ procedures against companies at Procon and other civil society consumer protection organizations (CPOs) that began to take over these issues complementarily to governmental action. This paper aims to examine the accomplishments and relevance of these organizations in protecting consumers and in preparation of related public policies. Design/methodology/approach A qualitative case study was conducted involving an in-depth collection of information about a restricted system, which included multiple sources. The information was obtained through semi-structured interviews conducted with CPOs’ executives and documents from the other participating organizations in the consumer protection field. Findings The CPOs have been positively evaluated by participants from the consumer protection field, for their effective action in the intermediation of complaints and in proposing laws and regulations on consumer protection. However, this picture is contrasted with the difficulties imposed by the practices of other field logics, such as legal procedures, media priorities and business interests that, however, collaborate in various occasions. Research limitations/implications CPOs’ relevance is more easily evaluated through social legitimation such as endorsements and declarations by the media, the public, by the CPOs’ own publicity and so on. As consumers can choose from alternative channels for redress, firms should be updated with the different procedural norms of each. Originality/value This paper draws a picture of the work developed by CPOs and indicates a possible assessment of their relevance in a scenario of logics complexity, which can be useful for policy makers.

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Cartwright, Peter. "REDRESS COMPLIANCE AND CHOICE: ENHANCED CONSUMER MEASURES AND THE RETREAT FROM PUNISHMENT IN THE CONSUMER RIGHTS ACT 2015." Cambridge Law Journal 75, no. 2 (May 2, 2016): 271–300. http://dx.doi.org/10.1017/s0008197316000210.

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AbstractThis article examines critically the extent to which the availability of Enhanced Consumer Measures (ECMs) created by the Consumer Rights Act 2015 addresses the problems associated with the enforcement of consumer protection law in the UK. The article explains the genesis of the provisions by establishing the limitations of the previous law before moving on to consider the extent to which ECMs are successful in addressing those limitations. The article argues that, while the availability of ECMs will potentially improve the ability of both enforcers and courts to achieve some objectives of consumer protection law, the measures raise some significant concerns. Of particular concern is the extent to which they signal a move away from prosecution in cases in which that would be the optimal response, and so compromise the ability of consumer protection law to achieve some of its most important objectives.

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Cseres, Katalin J. "Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 33–59. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.2.

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The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.

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Cauffman, Caroline. "New EU rules on business-to-consumer and platform-to-business relationships." Maastricht Journal of European and Comparative Law 26, no. 4 (August 2019): 469–79. http://dx.doi.org/10.1177/1023263x19865835.

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Recently, two EU instruments relating to business-to-consumer (B2C) relationships have been adopted: a new consumer sales directive and a directive on the supply of digital content. Three further EU instruments are in the pipeline: the so-called Omnibus Directive and a directive on collective redress together known as the ‘New Deal for Consumer’, and a Platform-to-Business regulation (P2B). This editorial aims to give a brief overview and a prima facie evaluation of the content of these instruments and to invite contributions offering a more in-depth analysis of the new rules and their expected impact.

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Senatore, Vincenzo. "Financial Consumers and Applicable Provisions a European and Italian Perspective." International Review of Financial Consumers 2, No. 1 Apr 2017 (April 1, 2017): 17–42. http://dx.doi.org/10.36544/irfc.2017.1-3.

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In Europe, general legislation requires protection of the economic interests of consumers. This includes, for instance, the consumer protection from financial services, misleading advertising and unfair contract terms. However, only after the global financial crisis, the European Union (EU) has become aware of the lack of transparency, poor handling of conflicts of interest, over-indebtedness, and low awareness of risks of the consumers in dealing with financial services. This paper aims to investigate the financial knowledge and overconfidence in Europe, and to provide an overview of consumer protection policy in EU. Here, it will be analyzed the EU regulatory framework, whose aim is to ensure the stability of the financial markets and to establish specific and common rules for banks and investments companies among the Member States. Furthermore, it deals with protections of financial consumers in the Italian legislation and within a European context. It concludes providing the Italian financial system as best example of crisis management and resolution, by providing out-of-court settlements, collective redress and crisis management procedures, with the aims to establish a systemic stability and financial consumers’ confidence in the bank system.

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Journal articles on the topic 'Consumer redress'

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