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Consumer Credit Law and Practice - A Guide: A Guide
by Dennis Rosenthal Graham Haxton-Bernard“A new edition of Dennis Rosenthal's Consumer Credit Law and Practice - A Guide is always an event to be welcomed by the busy practitioner… In all this welter of regulation, there is a great need for a work which reduces the mass of case law and regulation covered in encyclopaedic works into a clear, concise and readable form which steers a way through the labyrinth. This is just such a book… It is to be warmly welcomed.”From the Foreword by Roy GoodeThe most useful and comprehensive single volume work on the subject of consumer credit.Consumer Credit Law and Practice - A Guide, Fifth Edition is an easily accessible guide covering all aspects of consumer credit, consumer hire and ancillary credit businesses.Written in a clear and penetrating style, the new fifth edition has been extensively updated and rewritten to take account of all relevant case law, legislative changes and developments, including:- coverage of EU Directives relating to alternative dispute resolution, supervision of credit institutions and consumer credit agreements for residential immovable property- the transfer of licensing from the OFT under CCA 1974 to authorisation and permission by the FCA under FSMA- the substitution of substantial parts of CCA 1974 and regulations under that Act, by FSMA, regulations under FSMA including RAO, and the FCA Handbook, in particular the Consumer Credit sourcebook (CONC) and the Mortgages and Home Finance Conduct of Business sourcebook (MCOB)- new chapters on FCA requirements and procedures relating to authorisation and permission, treating customers fairly, supervision and reporting, and alternative dispute resolution- developments in related areas such as data protection, fraud prevention and anti-money launderingConsumer Credit Law and Practice - A Guide, Fifth Edition is essential reading for: banking and commercial law practitioners; in-house lawyers; companies operating in consumer credit related industries, including banks and building societies, credit card companies, finance and leasing companies; compliance personnel; and consumer advisers.
Consumer Credit Law and Practice - A Guide
by Mr Dennis Rosenthal“This new edition of Consumer Credit Law and Practice - A Guide…is an essential tool for practitioners and scholars working in this field and I recommend it highly." From the Foreword by Roy GoodeAn easily accessible guide covering all aspects of consumer credit, consumer hire and ancillary credit businesses, this title is the most useful and comprehensive single volume work on consumer credit law and practice, and related subjects. Written in a clear and penetrating style, the new Sixth Edition has been extensively updated since 2018 and takes account of all relevant case law, legislative changes and developments and includes coverage of:- the impact of the UK's departure from the European Union- extended analysis of the scheme of regulation under FSMA- the Financial Services and Markets Act 2023- FCA developments, including the senior managers regime and the consumer credit sourcebook - the financial promotions regime- validation of credit agreements- mortgage contracts and P2P agreements- expanded analysis of dispute resolution and the role of FOS- the new Consumer Duty and the overlay with TCF (treating customers fairly)It is essential reading for: banking and commercial law practitioners; in-house lawyers; companies operating in consumer credit related industries, including banks and building societies, credit card companies, finance and leasing companies; compliance officers and personnel; and consumer advisers.
Consumer Debt and Social Exclusion in Europe (Markets and the Law)
by Hans-W. Micklitz Irina DomurathThis book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Consumer Debt and Social Exclusion in Europe (Markets and the Law)
by Hans-W. Micklitz Irina DomurathThis book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Consumer Involvement in Private EU Competition Law Enforcement
by Maria IoannidouDespite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.
Consumer Involvement in Private EU Competition Law Enforcement
by Maria IoannidouDespite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.
Consumer Law and Economics (Economic Analysis of Law in European Legal Scholarship #9)
by Klaus Mathis Avishalom TorThis edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
Consumer Law and Policy: Text and Materials on Regulating Consumer Markets
by Iain RamsayThis new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.
Consumer Law and Socioeconomic Development: National and International Dimensions
by Claudia Lima Marques Dan WeiThis book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.
Consumer Product Guarantees
by Christian Twigg-FlesnerThis book presents a detailed analysis of the function of consumer product guarantees and the related legal issues. It applies research findings from the fields of consumer complaining behaviour, marketing science and economics to the legal context. Its central argument is that guarantees could be one way of assisting consumers in resolving product quality disputes. Consumers tend to seek to resolve such disputes informally by complaining, rather than by seeking to go through the courts or structured forms of alternative dispute resolution. Such complaints can be supported by encouraging reliance on consumer product guarantees, particularly where consumers also enjoy strong legal rights. With this in mind, the book develops a legal framework for consumer guarantees, which is based on two key principles: fairness and transparency. There then follows an analysis of English and EC provisions on guarantees, as well as of relevant US law. Particular consideration is given to the relationship between consumer guarantees and statutory rights.
Consumer Product Guarantees
by Christian Twigg-FlesnerThis book presents a detailed analysis of the function of consumer product guarantees and the related legal issues. It applies research findings from the fields of consumer complaining behaviour, marketing science and economics to the legal context. Its central argument is that guarantees could be one way of assisting consumers in resolving product quality disputes. Consumers tend to seek to resolve such disputes informally by complaining, rather than by seeking to go through the courts or structured forms of alternative dispute resolution. Such complaints can be supported by encouraging reliance on consumer product guarantees, particularly where consumers also enjoy strong legal rights. With this in mind, the book develops a legal framework for consumer guarantees, which is based on two key principles: fairness and transparency. There then follows an analysis of English and EC provisions on guarantees, as well as of relevant US law. Particular consideration is given to the relationship between consumer guarantees and statutory rights.
Consumer Product Safety (Routledge Revivals)
by Geraint G. HowellsPublished in 1998, this book seeks to analyse in a comparative framework laws relating to product safety. These include standard setting, general safety obligations, (enforcement agencies), recall of products, export control, product accident monitoring and information exchange systems. The countries studied will include UK, USA, Canada, France, Germany, Sweden, Australia, New Zealand, as well as EC law in the light of the recent EC product safety directives.
Consumer Product Safety (Routledge Revivals)
by Geraint G. HowellsPublished in 1998, this book seeks to analyse in a comparative framework laws relating to product safety. These include standard setting, general safety obligations, (enforcement agencies), recall of products, export control, product accident monitoring and information exchange systems. The countries studied will include UK, USA, Canada, France, Germany, Sweden, Australia, New Zealand, as well as EC law in the light of the recent EC product safety directives.
Consumer Protection and Online Auction Platforms: Towards a Safer Legal Framework (Markets and the Law)
by Christine RiefaOnline auctions have undergone many transformations and continue to attract millions of customers worldwide. However these popular platforms remain understudied by legal scholars and misunderstood by legislators. This book explores the legal classification of online auction sites across a range of countries in Europe. Including empirical studies conducted on 28 online auction websites in the UK, the research focusses on the protection of consumers’ economic rights and highlights the shortcomings that the law struggles to control. With examinations into important developments, including the Consumer Rights Directive and the latest case law from the CJEU on the liability of intermediaries, Riefa anticipates changes in the law, and points out further changes that are needed to create a safe legal environment for consumers, whilst preserving the varied business model adopted by online auction sites. The study provides insights into how technical measures as well as a tighter legislative framework or enforcement pattern could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves.
Consumer Protection and Online Auction Platforms: Towards a Safer Legal Framework (Markets and the Law)
by Christine RiefaOnline auctions have undergone many transformations and continue to attract millions of customers worldwide. However these popular platforms remain understudied by legal scholars and misunderstood by legislators. This book explores the legal classification of online auction sites across a range of countries in Europe. Including empirical studies conducted on 28 online auction websites in the UK, the research focusses on the protection of consumers’ economic rights and highlights the shortcomings that the law struggles to control. With examinations into important developments, including the Consumer Rights Directive and the latest case law from the CJEU on the liability of intermediaries, Riefa anticipates changes in the law, and points out further changes that are needed to create a safe legal environment for consumers, whilst preserving the varied business model adopted by online auction sites. The study provides insights into how technical measures as well as a tighter legislative framework or enforcement pattern could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves.
Consumer Protection, Automated Shopping Platforms and EU Law (Markets and the Law)
by Christiana N. MarkouThis book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the ‘shopping’ activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a ‘safe’ shopping environment to the e-consumer.
Consumer Protection, Automated Shopping Platforms and EU Law (Markets and the Law)
by Christiana N. MarkouThis book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the ‘shopping’ activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a ‘safe’ shopping environment to the e-consumer.
Consumer Protection In The Age Of The 'information Economy'
by Jane K. WinnTo date, there have been few theoretical inquiries into the relationship between the technological innovation and basic objectives of consumer protection laws. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets, contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.
Consumer Protection In The Age Of The 'information Economy' (PDF)
by Jane K. WinnTo date, there have been few theoretical inquiries into the relationship between the technological innovation and basic objectives of consumer protection laws. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets, contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.
Consumer Protection in Asia
by Geraint Howells, Hans-W Micklitz, Mateja Durovic and André JanssenThis book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Consumer Protection in Asia
This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Consumer Protection in the Age of the 'Information Economy'
by Jane K. WinnTo date, there have been few theoretical inquiries into the relationship between the technological innovation and basic objectives of consumer protection laws. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets, contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.
Consumer Protection in the Age of the 'Information Economy'
by Jane K. WinnTo date, there have been few theoretical inquiries into the relationship between the technological innovation and basic objectives of consumer protection laws. This book addresses this need by considering the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. The collection presents a unique and timely perspective on these issues. The authors, internationally renowned experts, from diverse areas such as consumer issues in technology markets, contract, and intellectual property provide a fresh perspective on these topics. Contributions provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation. The book will be a valuable resource to academics and researchers in law and public policy and is easily accessible to graduate and undergraduate students working in these areas.
Consumer Protection Law (Markets and the Law)
by Stephen Weatherill Geraint HowellsThis fully revised and updated second edition of Consumer Protection Law introduces the reader to the substantive law of consumer protection in the United Kingdom, the emphasis being on the place of United Kingdom law within an evolving European legal system and also on the need to draw upon comparative experience. The book not only seeks to place consumer protection in its purely black-letter context but also draws upon wider readings to show that consumer protection law is a complex area of law which reflects and shapes the individual citizen's position within the modern economy.
Consumer Protection Law: Legal Policy And Consumer Protection (Markets and the Law)
by Stephen Weatherill Geraint HowellsThis fully revised and updated second edition of Consumer Protection Law introduces the reader to the substantive law of consumer protection in the United Kingdom, the emphasis being on the place of United Kingdom law within an evolving European legal system and also on the need to draw upon comparative experience. The book not only seeks to place consumer protection in its purely black-letter context but also draws upon wider readings to show that consumer protection law is a complex area of law which reflects and shapes the individual citizen's position within the modern economy.