Regulation of Abusive Debt Collection Practices in the EU Member States: An Empirical Account.

IF 1.4 Q3 BUSINESS
JOURNAL OF CONSUMER POLICY Pub Date : 2021-01-01 Epub Date: 2021-01-22 DOI:10.1007/s10603-020-09476-8
C-G Stănescu
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引用次数: 2

Abstract

The article seeks to establish, in a comprehensive manner, if and how abusive debt collection practices are regulated in the respondent EU Member States. Using empirical data gathered from consumer and supervisory agencies as well as debt collection associations in 26 EU Member States, it provides an insight into (a) the existence of a licencing regime for debt collectors; (b) the potential transboundary dimension of debt collection and its implications for the common market; (c) the types of abusive debt-collection practices encountered in the Member States; (d) the efficacy of self-regulation via Codes of Conduct; and (e) the potential traditional remedies available to consumer-debtors. The article concludes that the existence of different national models creates potential issues and discrepancies in the legal status and defences available to consumer-debtors across the EU, which ultimately affects the proper functioning of the single credit servicing market. The advocated solution is that of a harmonized sector-specific regulation of abusive debt collection practices at EU level.

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欧盟成员国滥用债务催收行为的监管:一个实证账户。
该条旨在以全面的方式确定在答复的欧盟成员国是否以及如何管制滥用债务催收做法。使用从26个欧盟成员国的消费者和监管机构以及债务催收协会收集的经验数据,它提供了对(a)存在的债务催收许可制度的见解;(b)债务催收可能的跨界问题及其对共同市场的影响;(c)会员国遇到的滥用催收债务做法的种类;(d)通过行为准则进行自我监管的有效性;(e)消费者债务人可用的潜在传统补救措施。文章的结论是,不同国家模式的存在在整个欧盟消费者债务人的法律地位和辩护方面产生了潜在的问题和差异,这最终影响了单一信贷服务市场的正常运作。所提倡的解决方案是,在欧盟层面对滥用债务催收行为进行统一的针对特定行业的监管。
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来源期刊
CiteScore
5.00
自引率
8.70%
发文量
28
期刊介绍: The Journal of Consumer Policy is a refereed, international journal which encompasses a broad range of issues concerned with consumer affairs. It looks at the consumer''s dependence on existing social and economic structures, helps to define the consumer''s interest, and discusses the ways in which consumer welfare can be fostered - or restrained - through actions and policies of consumers, industry, organizations, government, educational institutions, and the mass media. The Journal of Consumer Policy publishes theoretical and empirical research on consumer and producer conduct, emphasizing the implications for consumers and increasing communication between the parties in the marketplace. Articles cover consumer issues in law, economics, and behavioural sciences. Current areas of topical interest include the impact of new information technologies, the economics of information, the consequences of regulation or deregulation of markets, problems related to an increasing internationalization of trade and marketing practices, consumers in less affluent societies, the efficacy of economic cooperation, consumers and the environment, problems with products and services provided by the public sector, the setting of priorities by consumer organizations and agencies, gender issues, product safety and product liability, and the interaction between consumption and associated forms of behaviour such as work and leisure. The Journal of Consumer Policy reports regularly on developments in legal policy with a bearing on consumer issues. It covers the integration of consumer law in the European Union and other transnational communities and analyzes trends in the application and implementation of consumer legislation through administrative agencies, courts, trade associations, and consumer organizations. It also considers the impact of consumer legislation on the supply side and discusses comparative legal approaches to issues of cons umer policy in different parts of the world. The Journal of Consumer Policy informs readers about a broad array of consumer policy issues by publishing regularly both extended book reviews and brief, non-evaluative book notes on new publications in the field. Officially cited as: J Consum Policy
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