Category Archives: Consumer Law

‘Rights of third party guarantors in payment services transactions – the CJEU in C-337/20 CRCAM

“Last month the CJEU delivered another judgment on the interpretation of payment services rules. Case C-337/20 DM, LR v Casisse régionale de Crédit agricole mutuel (CRCAM)-Alpes-Provence tackles an interesting and highly important question of concurrent liability based on special and general legal rules …” (more) [Andrea Fejős, Recent developments in European Consumer Law, 20 October]

Van Acker and Claes, ‘Covid-19 and Consumer Law – The Belgian Response’

The global Covid-19 pandemic and its resulting emergency measures have had far-reaching implications for Belgian citizens. Even though Belgian consumer law is usually well able to deal with crises, it was not designed for crises as disruptive as this pandemic. Consequently, temporary adjustments were found to be necessary to protect consumer interests. The following contribution […]

Laura Seritti, ‘Online Shopping and Quality Problems: What Safeguards for Platform Users Under the EU Consumer Protection Regime?’

INTRODUCTION Digitalization constitutes one of the fundamental trends of this century. Compared for its disruptiveness to the Industrial Revolution and the advent of steam powered machines, the digitalization process has in fact touched the very essence of the value-creation mechanisms and consumption patterns of our economy and society. Online platforms have emerged as new key […]

‘Incorporating by reference? Be caring and as clear as the sky is blu’

“A cancellation clause in a signed mobile phone supply contract was considered unduly onerous and not fairly and reasonably drawn to the purchaser’s attention to be incorporated by reference. A mobile phone supplier, Blu-Sky, entered into a mobile phone supply contract with a social care provider, Be Caring, for the supply of 800 mobile phone […]

Meirav Furth, ‘The Distributive Impacts of Nudnik-based Activism’

ABSTRACT In Theory of the Nudnik: The Future of Consumer Activism and What We Can Do to Stop It, Professors Yonathan Arbel and Roy Shapira propose that nudnik customers should be lauded for acting as engines of market discipline. According to Arbel and Shapira, nudnik consumers typically generate significant social benefits. Through their complaints, nudniks […]

‘Ryanair, chargebacks, unfair terms, and lawful act duress’

“If you pay for a transaction by a debit or card, and there are problems with it, you may be entitled to a chargeback, which is ‘reversal of a disputed sales transaction on a credit or debit card. … The card provider will decide if you are entitled to a refund based on the circumstances […]

Mariacristina Zarro, ‘Online Unfair Commercial Practices: A European Overview’

ABSTRACT The supranational economic paradigm considers the weak user a tool for the realization of the market: through his choices (contracts) he rewards companies that contribute to offering products at the best quality-price ratio, thus playing a central and propulsive role in the European common market. To do this, however, he needs correct information and […]

Baffi and Parisi, ‘Early Repayment of Loans Under EU Law: The Lexitor Judgment’

ABSTRACT Recent changes in EU law provide flexibility and protection to consumers, facilitating early repayment of loans, when the consumer is no longer interested in continuing a credit relationship. From an economic point of view, early repayment of loans should be facilitated, because it allows money that is no longer needed to be put to […]

‘Platform liability for unsafe products sold by third party sellers’

“Some of the favourite expressions of online platform providers around the world are that they ‘only offer a platform’ and are ‘in no way responsible for statements made or goods offered by third parties on their platform’. However, recent US case law held Amazon liable for physical harm caused by goods sold by a third […]

Victoria Haneman, ‘Prepaid Death’

ABSTRACT The cost of an adult funeral exceeds $9,000. Funerals are expensive and death is not considered an appropriate time to bargain shop. The consumer is generally inexpert and vulnerable due to bereavement. Decisions are often time-pressured and perceived as irreversibly final. Accordingly, the death care industry benefits both from information asymmetry and etiquette uncertainty. […]