Dissemination of Consumer Law and Policy in South Africa

This article considers to what extent some important areas of South African consumer law have been influenced by the laws of international bodies, other countries or regional bodies or, in turn, influenced other laws in Southern Africa and beyond. It focuses on rules on product safety, product liability, remedies for defective quality of goods, some basic rules on unfair commercial practices and various aspects of consumer law relating to the use of mobile phones by South African consumers. The main piece of legislation considered is the Consumer Protection Act 68 of 2008 (“CPA”), which came into force in 2011. The article considers whether aspects of this legislation were influenced by the EC Product Safety Directive, EC Product Liability Directive, EC Consumer Sales Directive, EC Unfair Commercial Practices Directive and EC Directive on Misleading and Comparative Marketing. It shows how the relevant provisions of the CPA influenced the laws of some African countries. The article also considers various issues faced by consumers in the mobile phone sector, including defective handsets, defective services, the high cost of mobile calls and data, the lapsing of “unused” data after short periods, data “disappearing” faster than expected, unfair contract terms, unsolicited marketing and the complexity of mobile phone contracts, which leads consumers to overestimate or underestimate their future usage, therefore paying too much because they are on an ill-suited plan. Conclusion of agreements via mobile phones, marketing of additional services like ringtones and apps and unsolicited marketing via mobile phones are also considered. Some complaints regarding the use of mobile phones should be better provided for in legislation, and enforcement of consumer rights in this sector could be improved.     

Dissemination of Consumer Law and Policy in Tanzania

This paper discusses the current consumer protection laws status in Tanzania with special focus on selected areas, including product safety and product liability, quality of goods and services, and telecommunication consumer protection. A case study on status of consumer protection in Tanzania is rendered to reveal the realities of consumer protection in the country. The paper also reflects the desired state of consumer protection in the country and how it can be achieved. Furthermore, the paper highlights the influence laws from other jurisdictions and international organisations have on the Tanzania consumer protection laws and regime.     

Dissemination of Consumer Law and Policy in Brazil: The Impact of EU Law

Journal of Consumer Policy - This paper analyses the influence of European Law on Brazilian Consumer Law. It starts by describing the general features of Brazilian Consumer Protection law,...     

Consumer Law and Policy in Ghana

This paper presents a picture of the landscape of consumer law and policy in Ghana and reviews the scope of protection of consumer interests with specific regard to product safety and liability, consumer sales, and telecommunication services. It assesses the legislative and policy framework on consumer contracts, product safety, and unfair commercial practices; discusses the role of national agencies in enforcing safety standards; and highlights some critical consumer issues in telecommunications service delivery. The paper examines the regulatory framework on other consumer issues such as advertising, labelling, and marketing of consumer products; terms and conditions of consumer contracts; and after sales services including the enforcement of guarantees, warranties, refund, and return policies. The paper also discusses the extent of external influence on the development of consumer law and policy in Ghana and reviews the level of interaction with other legal systems and supranational bodies in the three focal areas. The contribution also explores areas of Ghana’s consumer protection framework which could benefit from guidance from the EU transnational model on consumer protection and makes recommendations for the enhancement of the emerging legislative and policy regime on consumer protection in Ghana.     

Consumer Law and Policy in Kenya

This contribution seeks to examine the consumer protection law and policy in Kenya with a view to understand how consumer issues, such as product safety and product liability, are addressed as well as the remedies for defective goods. It also seeks to understand the available provisions on the safety standards of consumer products, such as mobile phones, by highlighting the consumer issues that arise for mobile phone users with particular reference to the services provided by mobile network operators (MNOs) – i.e., the financial services and products – and how the consumer protection regime has addressed them. It will conclude by examining how the Kenyan consumer law has manifested itself, either by its influence on other states’ consumer laws and policies or the way(s) in which its own laws have been influenced by foreign and supranational consumer laws. References will be made with regard to the influence by the European Commission (EC) Product Safety Directive, the EC Product Liability Directive, the EC Consumer Sales Directive and the EC Unfair Commercial Practices Directive. Furthermore, this contribution will highlight the challenges encountered with respect to the achievement of a consumer protection regime in Kenya, as a result of the fragmentation of the law and policies.     

Reflections on Consumer Law and Policy in Seychelles

Consumerism only reached Seychelles after a wave of market-liberalization reforms adopted in 2008 as a response to a dire economic crisis. Consumer law is therefore only a recent phenomenon in the country. The main sources of inspiration for Seychelles legislation are the UN Guidelines on Consumer Protection, the EU Directive on unfair contract terms, and the South African Consumer Protection Act. Policy initiatives tend to be modelled either on other small island countries or on Commonwealth countries. The formal legal framework is overall modern and in line with international guidelines. However, the article identifies two sets of challenges encountered in practice. First, local standardization efforts fail to address the matter of poor-quality products entering the market, and this lack of local capacity is insufficiently complemented by reliance on international standards. Secondly, consumers seldom rely on the adjudicatory mechanism provided by consumer laws and informal settlement mechanisms are preferred, which comes at the cost of depriving consumer law operatives of precious interpretative materials, leaving areas of legal uncertainty. While policy guidance from the political sphere would be needed, it is unclear how much attention consumer matters will receive in the medium term.     

Chilean Consumer Law and Policy: A Brief Outlook

Journal of Consumer Policy - Chilean consumer law and policy has a short but enthralling history. As compared with other jurisdictions such as EU countries, its bedrock is still in formation,...     

Profiling the Australian Google Consumer: Implications of Search Engine Practices for Consumer Law and Policy

Against the legal backdrop of proceedings against Google in various jurisdictions regarding the layout of its search result page, this article presents the results of a survey of a representative sample of 1014 Australian consumers, investigating their use of the Internet and specifically Google’s search engine, and the implications of these findings for consumer law and policy concerning the operation of search engines. The study is the first of its kind in Australia, despite litigation against Google in this jurisdiction for alleged misleading and deceptive conduct. The survey findings indicate that consumers have a lack of understanding about the operation and origin of the different elements of the Google search engine. In particular, the findings show particular confusion in relation to the operation and origin of Google’s related vertical services. Such confusion seems to be more pronounced among older respondents and those without higher education qualifications, although the survey revealed some more surprising and unexpected results in terms of the demographics of confusion. These findings are important for several reasons. Firstly, they identify and point to a gap in consumer knowledge about Google search that should be addressed, presenting an opportunity for consumer education in this area. Secondly, this research challenges the widely held assumption that the average (Australian) Internet user has a basic understanding about the operation and function of the Google search engine. Thirdly, the results leave open the possibility for further proceedings against Google in Australia on the basis of consumer law, the decision in Google v ACCC notwithstanding. This points to the potential for a more active role for consumer law in the digital ecosystem to address problems emanating from large and powerful platform providers such as Google than it previously has occupied.     

Price Intransparency,Consumer Decision Making and European Consumer Law

Price comparison is a basic element of competition. For comparison to work, at least prices need to be transparent. Moreover, price is usually a focal point in consumer thinking and deciding on transactions. Hence, obfuscating prices can be detrimental to consumers. Therefore, it is vital for policymakers to know how transparent pricing is in reality. Commercial practices involving price intransparency can be detrimental to consumer decision making and may be associated with market failure. So, legislative intervention to ensure price transparency is sometimes warranted. Suppliers may disclose and frame pricing information in such ways as to influence consumers. For some suppliers, advantages may be gained by obfuscating price—through practices ranging from the outright hiding of price terms in the small print to subtle ways of throwing in gifts or adding charges during the vending process. Do consumers appreciate the implications of the fact that by framing price in different ways suppliers actually try to influence their demand for products? And how does the law broadly speaking respond to problems of price intransparency? In this article, behavioural science insights are combined with a legal analysis of European consumer law in order to chart some of the detrimental influences of price intransparency on the consumer decision-making process and to answer whether and to what extent European consumer law addresses these issues. In doing so, this article first reviews research from consumer psychology, marketing, and behavioural law, and economics regarding the influence of presentation, framing, and transparency of price on the consumer decision-making process. Subsequently, it describes and evaluates the legal framework offered by European consumer law and how this framework responds to practices of price intransparency. Particular problematic pricing techniques are identified and discussed. In conclusion, attention is drawn to the disadvantages of the increasing full harmonization character of European consumer law for combating price intransparency at Member State level.     

Consumer Sales Law in Poland: Changing the Law,Changing Attitudes

The purpose of this paper is to show what the future implementation of the Consumer Sales Directive by Poland may involve. The analysis focuses on the substantive legal and other changes necessary to give full effect to the Directive. Polish guarantees law is compared with the Directive in order to identify similarities and divergences and highlight areas in need of reform. A brief account of the extra-legal factors affecting the position of consumers in post-Communist countries supplements the legal analysis in order to show what sort of reforms are necessary. It will be demonstrated that the black letter laws do not need as much change as certain other issues, such as political, economic, and social factors, and, most of all, the idiosyncrasies of the legal profession. Finally, the role of the European Communities in the process of harmonisation of post-Socialist laws with the European Union standards is briefly analysed. Although the analysis of guarantee laws is focused on Poland, the reader is encouraged to see the wider picture of post-Communist countries of Central and Eastern Europe, and the specificity of the position of consumers there.     

Consumer Law and the Environment: From Consumer to Citizen

This paper addresses the question of the relationship between consumer law and the protection of the environment. In contradiction to those who see the goals of consumer protection and environmental protection as being close to each other, this paper presents the relationship as one of conflict rather than one of harmony. Consumer law as an expression of the consumer society promotes goals which sometimes run counter to the environmental interest. This clearly comes to the fore when analysing the main consumer rights and their relationship to environmental issues. However, despite this basic incompatibility, the book of consumer law also contains some small stories of environmentally constructive behaviour. The telling of these good stories would require us to transcend the boundaries of traditional consumer law and to replace "the consumer" by "the citizen" who is interested not only in his own consumption but in all aspects of social life. In support of this development certain consumer law measures can be used to raise the awareness of consumers regarding environmental issues.     

Principles and Visions of a New Consumer Policy: Discussion Paper by the Scientific Advisory Board for Consumer,Food, and Nutrition Policy to the German Federal Ministry of Consumer Protection,Food, and Agriculture

Journal of Consumer Policy -     

消费者增权理论与我国消费者权益保护法的完善

消费者增权理论是近年来西方社会科学领域关注的热点问题之一,在消费者增权理论中,信息供给型增权和制度供给型增权是两种主要模式。我国现阶段的消费模式和消费者权益保护实践表明,制度供给型消费者增权可以更好地保护消费者利益。所以,从消费者增权理论出发,完善消费者权益保护法律体系,是增进消费者利益保护和实现消费和谐的重要举措。     

Consumer preferences for rockmelons in Australia

On the demand side, consumer's decision choice for rockmelon is often compounded by a number of factors including quality, which is often not related to the visual characteristics observed in fruits such as bananas or mangoes. On the supply side, there is a general lack of understanding of consumer response towards rockmelon attributes in Australia and consequently, great fluctuations of demand and hence supply of the fruit. Thus, objectives of this study were to evaluate and compare analytical measures by instruments and sensory assessments by consumers based on sweetness levels (8–13 ^oBrix) of rockmelons. Results indicated that there was a large variation in texture, juiciness and flavour for each ^oBrix level. A significant correlation coefficient (r = 0.829) was obtained between analytical and sensory measures for sweetness. High organoleptic scores for flavour were noted among the higher sweetness levels. It is recommended that due to the change in consumer acceptability, marketing of rockmelons should not be solely based on ^oBrix levels; other attributes such as flavour, texture and juiciness should be utilized.     

论反垄断法中的消费者福利保护——以知识经济为背景

消费者福利一直是反垄断法保护的对象。在知识经济时代,反垄断法受到了前所未有的挑战,将保护消费者福利明确定位为反垄断法的终极目的与核心价值,有针对性的制定微观制度与政策,是传统反垄断法因应知识经济时代的必然选择。     

Consumer Protection Law in Cuba

Journal of Consumer Policy - The authors address the origins and evolution of consumer law in Cuba and the influence of European Union consumer law on development in Cuba. The transition from the...     

Innovation and EU Consumer Law

Recent consumer policy initiatives, primarily at the domestic, but also at the European, level have emphasised the need to ensure that consumer law not only protects consumers, but also encourages competition and supports innovation. The purpose of this paper is to offer some preliminary thoughts on the relationship between consumer protection and innovation, and to consider the potential impact of the main consumer law directives adopted by the European Union on this relationship.     

Influences of Comparative Law in Uruguayan Consumer Protection Law

Journal of Consumer Policy - Uruguay was the last country in MERCOSUR to pass a consumer Protection Law in 2000. The purpose of this article is to analyse the origins and influences of the Law on...