LSN: Enforcement of Consumer Laws (Topic)最新文献

{"title":"Consumer ADR in Hungary","authors":"A. Fejős","doi":"10.2139/ssrn.3303290","DOIUrl":"https://doi.org/10.2139/ssrn.3303290","url":null,"abstract":"This paper discusses the system of ADR in Hungary. It considers whether the system provides a high level of consumer protection and consumer access to justice, looking for the most interesting and important elements of the system while highlighting areas that need improvement.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125038506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Choosing Among Authorities for Consumer Financial Protection in Taiwan: A Legal-Theory-of-Finance Perspective","authors":"Chang-hsien Tsai","doi":"10.1017/9781108612821.009","DOIUrl":"https://doi.org/10.1017/9781108612821.009","url":null,"abstract":"From a political economy perspective, this book chapter uses the Taiwanese case study to shed light on the significant questions about how best to design economic “safety valves”, especially on the periphery of the financial system. These issues are raised in the seminal paper by Professor Katharina Pistor of Columbia Law School, “A Legal Theory of Finance” (“LTF”): Would courts, regulators, or other agents be best placed to act as a safety valve and empowered to initiate interventions for retail investors or financial services consumers in times of economic distress? This chapter unfolds as follows: Part I deals with the question of whether the substantive aspect of the rule of changed circumstances is applicable in such circumstances as financial crises, bearing in mind the issue of whether courts are suitable bodies to create safety valves for consumer financial protection. Part II discusses the emergence of the procedural aspect of the rule of changed circumstances, a variation of its substantive form and the legislation introduced following the Global Financial Crisis. It then offers a political economy analysis of whether the Financial Supervisory Commission (“FSC”), which is the sole financial market watchdog in Taiwan, would be a better choice than courts to create safety valve waivers of law on the periphery of the financial system. Part III, from the LTF and political economy perspective, assesses why the FSC intervened in the structured notes debacle and its regulatory aftermath in Taiwan. To conclude, this paper advocates creating an independent agency such as a Taiwanese version of the the U.S. Consumer Financial Protection Bureau to act independently of the FSC and exclusively control its own rulemaking, supervision, and enforcement of consumer financial protection measures in Taiwan. This body would be better placed to offer the legal flexibility of safety valves within the financial system. In short, the structured notes saga illuminates the power relationships within the Taiwanese financial system, illustrating how law is applied under pressure.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114724969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Sell-Side Analysts after Accusations of Managerial Misconduct","authors":"Jared N. Jennings","doi":"10.2139/ssrn.2128122","DOIUrl":"https://doi.org/10.2139/ssrn.2128122","url":null,"abstract":"ABSTRACT Prior research questions the general informational role of analysts by documenting inefficiencies, biases, and limitations of their research. Rather than examine the general informational ...","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121314482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"When Best Effort is Not Good Enough: Incomplete Contracting, Risk Allocation, and Demand for Consumer Protection in the Market for Broadband Access Services","authors":"Reza Rajabiun, Carmen Scurato","doi":"10.2139/ssrn.3142048","DOIUrl":"https://doi.org/10.2139/ssrn.3142048","url":null,"abstract":"Starting from a luxury available to small networks of relatively high-income users, high-speed access to the open Internet has become a necessity for social and economic participation of individuals, competitiveness of business, and economic development. In the transition of broadband from a luxury to a necessity over the past two decades, “best effort” retail contracts (i.e. up to xMbps, subject to varying network conditions) have provided Internet service providers (ISPs) with significant flexibility in managing scarce capacity in response to growing consumer demand for network resources. Over time however, the emergence of a wide variety of advanced Internet applications that require reliable high-speed connectivity (i.e. minimum effective bandwidth/speed, Quality of Service (QoS) guarantees) has stimulated the development of a wide range of network management technologies that enable the delivery of quality of service guarantees and fine-grained service quality and price differentiation (e.g. across applications, senders, users). The combination of these factors has led to the development of a multi-tiered Internet in which scarce capacity is bifurcated into a basic best effort access path to the open Internet and a luxury class of prioritized/sponsored services on the same physical infrastructure. From an economic perspective, mitigating negative externalities from growth in the “fast lane” on best effort “slow lanes” in this differentiated broadband ecosystem have emerged as a seemingly intractable challenge in countries that are further behind in the transition from legacy copper to next generation fiber/4G broadband technologies. Previous research analyzes the emergence of a two-tiered Internet and draws policy inferences primarily in terms of the existence of market power by monopolistic/duopolistic infrastructure providers, inefficient discrimination by this class of gatekeepers to the open Internet, and/or innovation on the edges of the system. There has been little attention paid to the challenges best effort retail contracts that allocate the risk of capacity under-provisioning pose to buyers in a market where more and more applications require minimum service reliability standards. Voices of consumers are therefore almost always supressed in research and policy debates about the optimal design of institutions for ensuring universal access to the open Internet. This article tries to fill this gap by documenting barriers to accessing the open Internet faced by consumers. The first part of the paper provides an overview of the literature on the implications of imperfect contracting for the efficient operation of market systems and as a driver for consumer protection regulation. Then we use quantitative content analysis/natural language processing (NLP) techniques to analyze over 20,000 consumer complaints and carrier responses submitted to the U.S. Federal Communications Commission (FCC) between 2015 and 2017 obtained through the Freed","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129933256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Empirical Study-Emerging Trends in E-Commerce: A Field Study to Evaluate Trust and Security Parameters for Online Consumers in Online Shopping and E-Banking","authors":"Dr. Gagandeep Kaur","doi":"10.2139/ssrn.2994745","DOIUrl":"https://doi.org/10.2139/ssrn.2994745","url":null,"abstract":"Just as today’s economy is a mixture of old and new, similarly, marketing pattern is a hybrid of the traditional and the modern. The traditional marketing competencies have established their deep roots since the time immemorial, however, new technological competencies have also been absorbed in the market to add potential for growth. As ‘trust’ forms a background for the growth of e-Commerce, therefore, a field study has been conducted in order to explore the patterns of trust and security for consumers in ‘e’-marketing.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"227 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115106121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects","authors":"F. Cafaggi","doi":"10.2139/ssrn.2876500","DOIUrl":"https://doi.org/10.2139/ssrn.2876500","url":null,"abstract":"The enforcement of consumer law is characterized by a combination of judicial and administrative regimes that involve European and national institutions. The principle of sincere cooperation, enshrined in Art. 4(3) TEU, imposes the engagement of institutional dialogue based on loyalty. Increasingly, the Charter of Fundamental Rights (CFR) and, in particular Art. 47 CFR, plays a role in shaping enforcement both before courts and before administrative authorities exercising enforcement power. The separation between rights (at the EU level) and remedies (at the Member State level) has disintegrated, driven by the principles of equivalence and effectiveness.Fundamental rights and in particular the right to fair trial and to effective judicial protection are increasingly influencing both administrative enforcement and the scope of judicial review.The role of national courts as enforcers of EU law has long been recognized. However, the modes of interaction between administrative and judicial enforcement has been initially neglected; in recent years, increasing attention has been devoted to the coordination of different enforcement mechanisms, including private justice. This contribution examines the weaknesses of institutional design of the interaction between courts and administrative authorities exercising enforcement powers, broadly defined. Institutional dialogue between European and domestic enforcement bodies has been an important driver of legal innovation in European consumer law. The different levels of enforcement are not separate but rather interact continuously and often strategically. This chapter addresses and compares the different forms of institutional dialogue that have characterized judicial and administrative enforcement in consumer law and the potential role of Art. 47 CFR on the right to effective judicial protection. It shows that there is an erosion of the principle of procedural autonomy, in respect of which fundamental rights and general principles play an increasing role in defining the architecture of consumer enforcement. It concludes by analyzing how judicial and administrative enforcement of consumer law may be recombined in the light of the Charter’s impact. The shift from the multilevel approach to the dialogical approach forces us to rethink how national and European enforcers interplay, creating a body of rules strained between uniformity and diversity. The perspective of strategic interaction offers additional and more convincing explanations to the conventional multilevel literature and especially to the concrete operations of enforcement mechanisms.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127732928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The New Regulatory Framework for Consumer Alternative Dispute Resolution","authors":"Pablo Cortés","doi":"10.2139/ssrn.2793564","DOIUrl":"https://doi.org/10.2139/ssrn.2793564","url":null,"abstract":"This concluding chapter calls for ensuring the effective provision of consumer ADR (CADR) by making the requirement of CADR mandatory in a number of sectors where there is a high demand for CADR and to set up an effective residual forum to ensure full coverage. The residual forum can be housed in a tribunal or in a much improved small claims court – it is argued that both of these options should incorporate CADR techniques and be accessible online. Another option, and one that may be less costly and more user-friendly (and thus preferred by consumers), would be the creation of a residual CADR entity with mandatory jurisdiction. The chapter then examines the main arguments against a mandatory CADR scheme, such as the argument of floodgates of complaints driving costs up for traders, the difficulties of enforcing outcomes with reluctant traders, and the restriction to the court and thus access to justice. Lastly this chapter briefly considers a number of dispute design options that policymakers should take into consideration when improving the CADR landscape.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123279238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"High Cost, Little Compensation, No Harm to Deter: New Evidence on Class Actions Under Federal Consumer Protection Statutes","authors":"J. Johnston","doi":"10.7916/CBLR.V2017I1.1712","DOIUrl":"https://doi.org/10.7916/CBLR.V2017I1.1712","url":null,"abstract":"Working from a sample of all consumer class actions filed in the Northern District of Illinois over the period 2010-2012 (totaling 510), this paper reports and analyzes data on class actions under four federal consumer protection statutes, the Electronic Funds Transfer Act (EFTA) the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and the Telephone Consumer Protection Act (TCPA). Even coding all TCPA cases as alleging actual harm to the named plaintiff, over half the cases in the sample analyzed here seek statutory damages without an allegation of harm to the plaintiff. For most case types, only 15 percent or less of the class receive compensation, and the aggregate compensation paid to the class is far less than the stated or nominal class settlement fund amount. Because courts award attorney fees based on the nominal settlement amount, attorney fees are a very large fraction of the amount paid to the class and for some case types attorney fees average 300-400 percent of the amount paid to the class. The findings of this article have the following implications for class actions under federal consumer protection statutes: i) due to statutory damage provisions, there are no “small dollar” filings under such statutes; ii) such cases are never tried, rarely generate binding legal precedent and may well be individually viable; iii) with low class compensation rates and attorney fees to class counsel that often dwarf total class compensation, such class actions are both highly ineffective and inefficient; iv) statutory damages provisions with no requirement to even plead harm incentivize class counsel to pursue claims where there is no harm to compensate or deter, and even cases with allegations of harm (as under the TCPA) may actually involve no harm as courts have created a presumption of harm (as in presuming the lack of consent under the TCPA).","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121889393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Overcoming the Knowledge Problem in Behavioral Law and Economics: Uncertainty, Decision Theory, and Autonomy","authors":"P. Hacker","doi":"10.2139/ssrn.2632022","DOIUrl":"https://doi.org/10.2139/ssrn.2632022","url":null,"abstract":"Science evolves in the long run. Law rules in the present. This potential temporal disconnect leads to a Hayekian “knowledge problem”, a challenge increasingly raised against behavioral law and economics: Empirical findings are deemed too uncertain to provide a solid basis for legal reasoning. This paper claims that in such cases, rules for decision making under risk and uncertainty have to enter the game. They can serve as analytic tools and generate positive solutions to the knowledge problem, thereby ensuring a rational treatment of the question of bounded rationality. The paper thus essentially applies a meta-decision theory to the question of what kind of decision theory (rational choice or behavioral decision theory) should govern legal reasoning. \u0000Generally, two routes may be pursued: First, in some situations it is possible to reduce uncertainty with the help of advanced empirical techniques. This prepares the ground for decision making under risk in an expected utility analysis. Second, in the majority of cases, reliable empirical data are indeed so far unavailable, necessitating decision making under uncertainty. In a decision theoretic maximin analysis, this paper demonstrates that in these cases of empirically unresolved uncertainty legal rules should presumptively assume the significant presence of bounded rationality among the relevant actors. The result can be successfully defended against the common objection that behaviorally informed interventions, such as debiasing or nudging, constitute an infringement of autonomy. Finally, implications of this methodologically novel justification of behaviorally informed legislation and adjudication for specific legal concepts in consumer law and product liability are discussed.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"430 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113996271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Публічні зобов'язання Національного банку України (Public Liabilities of the National Bank of Ukraine)","authors":"Andrii Lozovytskyi","doi":"10.2139/ssrn.3163009","DOIUrl":"https://doi.org/10.2139/ssrn.3163009","url":null,"abstract":"<b>Ukrainian Abstract:</b> Лозовицький А.В. Публічні зобов’язання Національного банку України. – Рукопис. Дипломна робота на здобуття освітньо-кваліфікаційного рівня «магістр» за спеціальністю 8.060101 – Правознавство. Державний вищий навчальний заклад «Українська академія банківської справи Національного банку України», Суми, 2014. <br><br>У дипломній роботі проведено аналіз конституційної функції НБУ щодо забезпечення стабільності грошової одиниці, яка до цього часу не була предметом правового аналізу з позицій зобов’язального права. Наукова новизна полягає в тому, що вперше досліджено вказану функцію НБУ як публічно-правове зобов’язання за формально-логічним методом з розбиттям на структурні елементи (об’єкт, суб’єкт, зміст). <br><br>Вперше, розглядаючи Конституцію України як суспільний договір між народом України та державою, виокремлено публічно-правове зобов’язання Національного банку України щодо забезпечення стабільності грошової одиниці перед українським народом, предметом якого є забезпечення суспільного інтересу та добробуту населення. <br><br>Банкноти та монети досліджено як безумовні зобов’язання НБУ, які є матеріальним вираженням публічного зобов’язання НБУ щодо забезпечення стабільності грошової одиниці, разом породжуючи одне публічно-правове зобов’язання. <br><br>Запропоновано практичні шляхи вирішення проблеми відсутності відповідальності за невиконання НБУ свого публічно-правового зобов’язання.<br><br><b>English Abstract:</b> Manuscript. Diploma work for obtaining the educational qualification of \"Master\" in the specialty 8.060101 - Law. State Higher Educational Institution “Ukrainian Academy of Banking of the National Bank of Ukraine”, Sumy, 2014.<br><br>In a research paper analyzes the constitutional functions of the National Bank to ensure the stability of the currency, which has not been the subject of legal analysis from the standpoint of the law of obligations. Scientific novelty is that the first time the National Bank of Ukraine said function as public legal obligation under the formal-logical method of division into structural elements (object, subject, content).<br><br>First considering the Constitution of Ukraine as a social contract between the people of Ukraine and the State singles out public legal liabilities of the National Bank of Ukraine to ensure stability of the Ukrainian people, the object of which is to ensure the public interest and welfare.<br>Banknotes and coins studied as an unconditional commitment to the National Bank of Ukraine, which is the material expression of public obligation National Bank of Ukraine to ensure the stability of the currency, together creating one public legal liability.<br><br>Practical solutions to the lack of liability for failure to central bank its public law obligations.","PeriodicalId":246136,"journal":{"name":"LSN: Enforcement of Consumer Laws (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128653553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}