LSN: Miscellaneous Consumer Matters (Topic)最新文献

{"title":"Bank Profit Efficiency and Financial Consumer Protection Policies","authors":"Fotios Pasiouras, Chrysovalantis Gaganis, E. Galariotis, C. Staikouras","doi":"10.2139/ssrn.3116258","DOIUrl":"https://doi.org/10.2139/ssrn.3116258","url":null,"abstract":"Abstract Over the last decade, financial consumer protection policies have attracted a lot of attention among policy makers. However, empirical evidence on the impact of such policies on bank efficiency is nonexistent. At the same time, important differences on the instruments used to conduct prudential and financial consumer supervision do not permit the generalization of the findings of studies that focus on the former. The present study uses a sample of 2413 banks from 79 countries to examine, for the first time in the literature, whether and if so how financial consumer protection policies influence bank profit efficiency around the globe. Considering policies related to disclosures to customers, fair treatment, dispute resolution, and the power of the financial consumer protection supervisory agency, our results show that more regulatory requirements decrease bank efficiency. The results are robust to various tests.","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130625090","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":"Regulatory Validity","authors":"K. Purnhagen","doi":"10.2139/ssrn.3004424","DOIUrl":"https://doi.org/10.2139/ssrn.3004424","url":null,"abstract":"Behavioural forms of regulation, e.g. nudging and debiasing, increasingly take centre stage in regulatory agendas and are making their way into consumer law. In order to warrant for an effective implementation from a legal point of view, findings from behavioural sciences need to confirm with the regulatory context conditions of the underlying legal system and need to be fit for purpose to answer questions the law requires. Behavioural studies hence need to pass a regulatory validity test before they can be operationalised in the law. Subsequently I will explain how such a regulatory validity check can work in consumer law. I will first illustrate the different context conditions of behavioural sciences and law (I.). Subsequently, I will illustrate these differences on the example of a comparison of the recently commissioned behavioural science study on the “vulnerable consumer” and the legal requirements of the “average consumer” benchmark (II.). To overcome the so illustrated shortfalls I will introduce a regulatory validity test which can be applied by behavioural and legal scientist, courts, regulators (III.). I will conclude then conclude the findings (IV.).","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116709999","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":"Considerações Sobre a Aplicação Dos Direitos Do Consumidor Aos Meios De Comunicação De Massa No Brasil (Considerations about the Application of Consumers Rights to Mass Media in Brazil)","authors":"E. Ariente","doi":"10.5902/1981369423889","DOIUrl":"https://doi.org/10.5902/1981369423889","url":null,"abstract":"Portuguese Abstract: O artigo pretende debater sobre os deveres dos meios de comunicacao de massa diante dos direitos dos consumidores. Aborda, tambem, a questao da responsabilidade civil da atividade de comunicacao social. Salienta a importância da pluralidade, transparencia e dos direitos de resposta como elementos indispensaveis para o respeito ao publico. Ao final, descreve alguns dos direitos do consumidor diante da imprensa, bem como defende o papel das associacoes de defesa dos consumidores para a melhoria da qualidade dos servicos de informacao. \u0000English Abstract: This paper aims to discuss the duties of the mass media in light of consumer rights. It also addresses the question of civil liability of the media activity. It stresses the importance of plurality, transparency and the right to response as indispensable elements to respect the public. Finally, it describes some of the consumer rights before the press and it sustains the role of the associations of consumers to improve the quality of information services","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127613927","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":"Online Appendix for 'Does Opening Complaints Data Change Company and Consumer Behavior? Evidence from the Consumer Financial Protection Bureau'","authors":"K. Opoku-Agyemang","doi":"10.2139/SSRN.2931200","DOIUrl":"https://doi.org/10.2139/SSRN.2931200","url":null,"abstract":"This is an online appendix for the paper 'Does Opening Complaints Data Change Company and Consumer Behavior? Evidence from the Consumer Financial Protection Bureau'. \u0000The abstract for the main paper is available here: http://ssrn.com/abstract=2929790","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125261303","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":"'Removing Illicit Products from Online Marketplaces: Private Enforcement Tools As Alternatives to Court Actions'","authors":"Knud Wallberg","doi":"10.2139/SSRN.2802558","DOIUrl":"https://doi.org/10.2139/SSRN.2802558","url":null,"abstract":"According to the latest figures from Eurostat 65 % of internet users in the EU shopped online in 2015, and a large portion of this trade takes place through online marketplaces like eBay, Amazon, Allegro, Groupon and Zalando. The growth in the legitimate online trade is however being paralleled by a growth in the illicit trade where the marketplaces are used by vendors to sell illicit goods such as counterfeited software, clothes and mobile phones and unauthorized sale of subscription drugs such as growth hormones. Such illicit trade has significant, negative consequences for the holders of the rights that are being infringed by way of lost revenues and bad will. And this trade has reached a scale where rights infringements are listed as one of the three main concerns for businesses and business associations in relation to the role of online platforms in Europe. The sale of illicit goods on the online marketplaces also has serious negative impact on the consumers that are being misled and even risk buying harmful products, as well as for society as a whole in terms of lost jobs and lack of innovation. How to reduce or eliminate this trade are therefore an important and a prioritized issue for the decision makers as well as for the businesses that are affected by the illicit trade.The overall purpose of the Post Doc project is to provide input to the stakeholders that are engaged in these current efforts by analyzing and assessing one of the tools in the toolbox namely the “notice and takedown” procedures that are applied by most – if not all – of the operators of the digital marketplaces. These are procedures whereby a company can file a complaint (“notice”) to the operator of a marketplace and request the operator to remove (“takedown”) an illicit product that is offered for sale by an independent vendor on the market place. It is then the operator of the specific market place that decides whether to accept or to reject the complaint. Notice and takedown procedures are already being used in large numbers on a daily basis and they are being regarded as so efficient that they are foreseen by the European Commission to play a vital role in the creation of the Digital Single Market in Europe, i.e. a market within Europe where the present legal and practical obstacles for digital trade is removed. The notice and takedown tools are however based on the “terms of use” of the individual marketplaces, just as the decisions on and the execution of the concrete takedown actions are made by the private entity that is the operator of the market place. Further, the decisions are not immediately available to other than the involved parties. This is in contrast to court proceedings which are based on legislation, which are carried out by an independent public authority and whose decisions are made publicly available. Because of growing importance of the notice and takedown procedures and because of the outlined basic differences between these procedures and cou","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130512144","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":"Judging Third-Party Funding","authors":"V. Sahani","doi":"10.2139/SSRN.2478245","DOIUrl":"https://doi.org/10.2139/SSRN.2478245","url":null,"abstract":"Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity — called a “third-party funder” — could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party’s legal representation in return for a profit. Third-party funding is a controversial, dynamic, and evolving phenomenon. The practice has attracted national headlines and the attention of the Advisory Committee on the Federal Rules of Civil Procedure (Advisory Committee). The Advisory Committee stated in a recent report that “judges currently have the power to obtain information about third-party funding when it is relevant in a particular case,” but the Committee did not provide any additional guidance on how to determine the relevance of third-party funding. What information should be obtained, and from whom? This Article offers that needed guidance by setting forth revisions and reinterpretations of procedural rules to provide judges and arbitrators with disclosure requirements and a framework for handling known issues as they arise. By revising and interpreting the procedural rules as suggested in this Article, judges and arbitrators will be able to gain a better sense of the prevalence, structures, and impact of third-party funding and its effects (if any) on dispute resolution procedures. Over time, these observations will reveal the true systemic impact of third-party funding and contribute to developing more robust third-party funding procedural regulations.","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126457158","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":"Enforcing EU Consumer Policy Through Different Layers: Combining the Judicial and the Out-of-Court Mechanisms","authors":"Pablo Cortés","doi":"10.2139/ssrn.2520487","DOIUrl":"https://doi.org/10.2139/ssrn.2520487","url":null,"abstract":"This paper will analyse the new EU legal framework for enforcing consumer law through various layers: public enforcement bodies, judicial mechanisms and out-of-court redress schemes. Accordingly, it will depart from a brief examination of the changes in the Consumer Protection Cooperation Regulation, it will then analyse the judicial options offered by small claims processes and collective redress, and lastly it will examine the new framework on out-of-court redress and the impact that it will have on three radically different redress cultures: Italy, Spain and the UK. The paper concludes arguing that the growth of out-of-court mechanisms to facilitate compliance with consumer law poses new challenges and opportunities in ensuring an adequate enforcement of EU consumer law.","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129125455","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":"Consumer Sales in the Netherlands after Implementation of the Consumer Rights Directive and with a View to the Future Common European Sales Law","authors":"M. Loos","doi":"10.2139/SSRN.2506048","DOIUrl":"https://doi.org/10.2139/SSRN.2506048","url":null,"abstract":"In this paper I will describe the implementation of the Consumer Rights Directive, or CRD, in The Netherlands. Section 2 will deal with the provisions of the implementing act and the relation between these provisions and other provisions of consumer law. Section 3 will discuss the relationship between the rules on consumer sales and the general rules on sales contracts in The Netherlands. In section 4, I will indicate whether and to what extent Dutch law would be affected if the proposal for a Common European Sales law would be enacted. Section 5 will summarize the main findings of the paper.","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114673133","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 First Sale Doctrine and the Economics of Post-Sale Restraints","authors":"Ariel Katz","doi":"10.31235/osf.io/58a4j","DOIUrl":"https://doi.org/10.31235/osf.io/58a4j","url":null,"abstract":"The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to situations of parallel importation. This Article provides answers to these unsettled issues. By applying insights from the economics of post-sale restraints, the Article shows that the main benefits of post-sale restraints involve situations of imperfect vertical integration between coproducing or collaborating firms, which occur during the production and distribution phases or shortly thereafter. In such situations, opting out of the first sale doctrine should be permitted. Beyond such limited circumstances, however, the first sale doctrine promotes important social and economic goals: it promotes efficient long-term use and preservation of goods embodying IP and facilitates user-innovation. Therefore, contrary to some other views, I conclude that the economics of post-sale restraints confirm the validity and support the continued vitality of the first sale doctrine.","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132397618","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":"A 20th Century Debate About Imprisonment for Debt","authors":"S. Ware","doi":"10.2139/SSRN.2431342","DOIUrl":"https://doi.org/10.2139/SSRN.2431342","url":null,"abstract":"In the early twentieth century, Parliament debated whether to abolish imprisonment for debt. Parliament’s Select Committee on Debtors (Imprisonment) of 1909 heard testimony from witnesses and issued a report recommending the continuation of imprisonment for debt. This testimony and report make for fascinating history. Although imprisonment is not part of contemporary debates about debt collection and personal insolvency (consumer bankruptcy) law, the competing views expressed in Parliament over a century ago about consumer debtors and those who lend to them will be recognizable to anyone familiar with contemporary debates on either side of the Atlantic.","PeriodicalId":269248,"journal":{"name":"LSN: Miscellaneous Consumer Matters (Topic)","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124688900","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}