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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.
When faced with tackling food-borne illness, regulators have a number of competing goals. They must investigate in order to discover the source of the illness. Once the source is identified they must take action to prevent further cases of illness occurring. Finally, once the illness is under control, they may wish to take enforcement action against those responsible. Regulating Food-Borne Illness uses interviews and documentary analysis to examine the actions of regulators and considers how they balance these three tasks. Central to the regulators' role is the collection of information. Without information about the source, control or enforcement action cannot be taken. Investigation must therefore take place to produce the necessary information. Utilising theoretical frameworks drawn from regulation and biosecurity, Regulating Food-Borne Illness shows that control is prioritised, and that investigatory steps are chosen in order to ensure that the information necessary for control, rather than enforcement, is collected. This has the effect of reducing the possibility that enforcement action can be taken. The difficulty of evidence gathering and case-building in food-borne illness cases is exposed, and the author considers the methods aimed at reducing the difficulty of bringing successful enforcement action.
The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as 'normal' market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law. Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.
The book offers a theoretically justified and pragmatic concept of
the so-called 'lex mercatoria' contributing to the debate
concerning the existence of this law as an autonomous, a-national
and universal legal system established by trade practice.
Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.
Finding yourself in a lawuit by a junk debt buyer (debt collection agency)? Glean from this book's inclusion of over 120 pages of actual court documents that this Florida mom used to fight back and ultimately win against one of the largest and oldest debt collection agencies in the country Read step-by-step her thinking and methods and an explanation of important terms. It even includes mistakes she made so a reader may avoid making the same ones. This book is not intended as legal advice. It is simply a true story. Every case is different; every case is won by different methods. However, by reading this book, one may very well grab ideas to help them in their battle against a debt collection agency.
Despite 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.
This book provides a broad conspectus on the application of EU and international regulation of the food sector on English law. It is aimed at practitioners and students of this vital and emerging branch of law, which has become an important part of current political and legal debate. It is written not just for lawyers as a statement of current law, but is also aimed at all those involved or interested in the food industry who wish to familiarise themselves with how the law is applied practically in this jurisdiction. The book commences with a short conceptual framework for the study of food law. It then provides a comprehensive and up-to-date account of current English law, explaining fully the detailed processes by which both international and national law and EU decision making have impacted upon most aspects of the production, sale and consumption of food in England. The book explains and assesses the operation of the current law by describing in detail the roles of Government, the Food Standards Agency and local enforcement authorities in the making and enforcing of laws concerning food. The work contains full outlines of the developments in the most significant areas of food law. It concentrates specifically on topics such as food labelling and advertising, quality and compositional requirements, geographical food names, genetic modification, organic production, animal welfare and also the role of law in tackling poor health, obesity, and diet-related disease. The book, though primarily designed as a law text, goes beyond the usual confines of such works. It sets out to explain and describe the impact of successive food crises, such as BSE and the use of horsemeat in beef products, on food safety and transparency requirements. The book considers and assesses how the existing rules on the chemical and biological safety of food impact on our law, and concludes with a review of the developing legal issues concerning the environmental impacts of current and proposed food law, in particular the relationship between food law, climate change and food security.
'It's high time we expose and remedy the pseudo-feminist marketing malarkey holding women back under the guise of empowerment' Amanda Montell, author of Wordslut ________________ Brands profit by telling women who they are and how to be. Now they've discovered feminism and are hell bent on selling 'fempowerment' back to us. But behind the go-girl slogans and the viral hash-tags has anything really changed? In Brandsplaining, Jane Cunningham and Philippa Roberts expose the monumental gap that exists between the women that appear in the media around us and the women we really are. Their research reveals how our experiences, wants and needs - in all forms - are ignored and misrepresented by an industry that fails to understand us. They propose a radical solution to resolve this once and for all: an innovative framework for marketing that is fresh, exciting, and - at last - sexism-free. ________________ 'If you think we've moved on from 'Good Girl' to 'Go Girl', think again!' Professor Gina Rippon, author of The Gendered Brain 'An outrageously important book. Erudite, funny, and deeply engaging -- with no condescension or bullshit' Dr Aarathi Prasad, author of Like A Virgin 'This book has the power to change the way we see the world' Sophie Devonshire, CEO, The Marketing Society and author of Superfast
A unique publication on lending law. it brings together for the first time the law relating to regulation of loans in the UK, focusing on the remedies available to consumers and commercial borrowers.
This book is a guide to consumer defense law that is designed for laypersons but is also beneficial to practitioners. The guide provides readers with a solid foundation in the law by illustrating each concept with hypothetical scenarios. When faced with financial difficulties, many consumers make hasty decisions based on fear. Armed with the information contained in the book, consumers will be able to make informed financial decisions. By taking a tactical approach to consumer law, individuals can better protect their rights. This tactical approach provides highly predictable results. Based on over a decade of practical experience in consumer law, this book is the most comprehensive guide to consumer law that is also written for non-lawyers.
In the wake of the worst U.S. financial crisis since the Great Depression, Congress passed and the President signed into law sweeping reforms of the financial services regulatory system through the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), P.L. 111-203. Title X of the Dodd-Frank Act is entitled the Consumer Financial Protection Act of 2010 (CFP Act). The CFP Act establishes the Bureau of Consumer Financial Protection (CFPB or Bureau) within the Federal Reserve System (FRS) with rulemaking, enforcement, and supervisory powers over many consumer financial products and services, as well as the entities that sell them. The CFP Act significantly enhances federal consumer protection regulatory authority over nondepository financial institutions, potentially subjecting them to analogous supervisory, examination, and enforcement standards that have been applicable to depository institutions in the past. The act also transfers to the Bureau much of the consumer compliance authority over larger depositories that previously had been held by banking regulators. Additionally, the Bureau acquired the authority to write rules to implement most federal consumer financial protection laws that previously was held by a number of other federal agencies. Although the powers that the CFPB has at its disposal are largely the same or analogous to those that other federal regulators have held for decades, there is a great deal of uncertainty in how the new agency will exercise these broad and flexible authorities, especially in light of its almost exclusive focus on consumer protection. As a result, the CFP Act has proven to be one of the more controversial portions of the financial reform legislation. The 112th Congress is actively involved in conducting oversight of the implementation of the CFP Act. Additionally, the 112th Congress has considered a number of bills that would significantly alter the structure of the Bureau. For example, H.R. 2434, the Financial Services and General Government Appropriations Act, 2012, would make the CFPB's primary funding subject to the traditional appropriations process, and H.R. 1315, the Consumer Financial Protection Safety and Soundness Improvement Act, would convert the CFPB's leadership structure from a sole directorship to a commission and would allow the newly established Financial Stability Oversight Council (FSOC) to overturn CFPB-issued regulations with a simple majority vote, as opposed to the current super majority requirement. H.R. 2434 was reported favorably out of the House Committee on Appropriations, and H.R. 1315 was referred to the Senate Committee on Banking, Housing, and Urban Affairs after passing the full House by a vote of 241 to 173. Additionally, 44 Senators signed a letter to the President expressing support for the Bureau-related objectives of H.R. 2434 and H.R. 1315. This report provides an overview of the regulatory structure of consumer finance under existing federal law before the Dodd-Frank Act went into effect and examines arguments for modifying the regime in order to more effectively regulate consumer financial markets. It then analyzes how the CFP Act changes that legal structure, with a focus on the Bureau's organization; the entities and activities that fall (and do not fall) under the Bureau's supervisory, enforcement, and rulemaking authorities; the Bureau's general and specific rulemaking powers and procedures; and the Bureau's funding.
Memoirs and case studies of fraud schemes and consumer protection from an insider who helped to found New York City's first consumer watchdog agency, "Counsel for the Deceived" is a funny, candid account of fraud and institutional paralysis written by a then-newby lawyer, the city's Consumer Advocate. Philip Schrag was appointed by former Miss America Bess Myerson to defend consumer rights. In six case histories, reading more like a true-crime novel than an academic study, he documents the schemes of the "commercial underworld" and the inability of courts and government agencies to respond in time. Schrag came into office expecting to initiate a new system, which would at last defend the powerless consumer. Instead, he discovered how both petty criminals and big corporations are able to use the law, the courts, and the status quo to delay and blunt any attacks made upon them. The book tells the fascinating and amusing story of how Schrag's young lawyers and investigators became disillusioned by observing the gap between the promise of the legal system and its actual performance-and how, in reaction, they invented unprecedented methods of consumer protection, some of which cause Schrag himself to question their ethical propriety. Enjoyable as the stories are, their purpose is to raise serious and basic questions about our legal process and its ability to secure consumer justice, or even "law and order." This book is a unique demonstration of a rare ability to report true crime as it occurs in everyday life. It is a witty and perceptive analysis of the actual working of our government and our courts. The 40th anniversary edition of this classic, acclaimed book adds thoughtful new material: a Preface by the author and a Foreword by Marc Galanter of the University of Wisconsin-Madison.
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