Collective Redress as an Ideal Model of Consumer Redress in the European Union?

Abstract

This paper aims at examining the problem of consumer redress and then be able to propose a comprehensive solution that could be applied in Europe. The importance of consumer redress is highlighted when considering its frequent connection to the issue of access to justice. In cases of small diffuse harms in particular, the need for redress become even more acute, as it is the only way for wrongdoing to not go unpunished. As indicated by empirical evidence, consumers when faced with a problem, most often take no action at all. If they do take action, their most likely reaction would be to take up their complaint with the trader and rarely take action even though they may be unsatisfied with the response. Consumers are not aware of the different third-party redress mechanisms and tend to believe getting redress is costly and time-consuming.