The Law of Consumer Redress in an Evolving Digital Market

Cortés, Pablo

doi:10.1017/9781139940900

Cited by 13 publications

(11 citation statements)

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“…Firstly, the issue identifi cation and dispute prevention function should encourage early settlement by automatically providing custom-made information about the rights and obligations of the consumers 74 . Secondly, the platform should off er an online negotiation tool that provides consumers and traders with a forum to handle complaints before dispute resolution bodies participate in the process 75 . Finally, a full referral function should be designed not only to send an invitation to both parties to choose a dispute resolution body, but also to automatically escalate the dispute to resolution body when the parties fail to reach an agreement through online negotiation and the trader is signed to an ADR process 76 .…”

Section: B the Un Ntended Consequences Of The Eu Odr Platformmentioning

confidence: 99%

Access to Justice for Consumers in Turkey: The Need for Enhancing Consumer Dispute Resolution Through Online Dispute Resolution

Kaya

2022

Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi

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In recent years, consumer spending has dominated the Gross Domestic Product (GDP). The continuously increasing consumer spending boosts the possibility of consumer disputes. In Turkey, there is still a need for enhanced consumer redress, although there is a continuing attempt to bring Turkish consumer law into line with the European Union (EU) legislation to meet the needs of our digitised society. This paper explores the powers and defi ciencies of the Turkish Consumer Redress System and examines the judicial process to the implementation of consumer access to justice. This article evaluates the resolution of consumer disputes and analyses the EU ODR regime and best practices seeking for models to be followed by Turkey. The research of ODR and its applicability in consumer disputes proposes assembling instructions for outlining a new legal framework and establishing an eff ective ODR platform for resolving consumer disputes in Turkey.

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Section: B the Un Ntended Consequences Of The Eu Odr Platformmentioning

confidence: 99%

Access to Justice for Consumers in Turkey: The Need for Enhancing Consumer Dispute Resolution Through Online Dispute Resolution

Kaya

2022

Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi

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“…Llegados a este punto la Unión Europea podría haber optado por un camino legislativo que impulsase los ADR de consumo a través de incentivos fiscales o sellos de confianza europeos que permitiese a los comerciantes conocer los beneficios del uso de los ADR 39 . Es decir, aunque estos se adhiriesen por puro interés fiscal o para mejorar o posicionar su imagen comercial, pudiesen entender, a través de su experiencia propia, de la importancia y los beneficios del uso de este tipo de mecanismos para resolver sus conflictos 40 .…”

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El derecho a la información de las ADR de consumo tras el caso C-380/19

Chamorro¹

2021

Cuad. derecho transnac.

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Los derechos de los consumidores han estado históricamente protegidos por la Unión Europea. Esto ha afectado fundamentalmente a los derechos sustantivos, pero poco se ha avanzado en el reconocimiento de derechos procesales que permitan a los consumidores obtener una tutela efectiva de sus pretensiones. Por ello, fue importante la entrada en vigor de la Directiva 2013/11 sobre resoluciónalternativa de litigios en materia de consumo. En este sentido, el TJUE y sus pronunciamientos proconsumidor mejoran la calidad de las transposiciones de las normas a las legislaciones nacionales y sus interpretaciones.

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“…138 Guarantees against outside pressure involve protection of the judge against removal from office and protection against instructions from the executive. 139 While independence refers to the organisation of the judiciary in general, impartiality refers to specific cases. The ECtHR identifies both a subjective and an objective aspect of impartiality in its Micallef case.…”

Section: Independent and Impartial Tribunal 118mentioning

confidence: 99%

“…202 Member States may make participation in ADR proceedings compulsory for traders, as long as access to justice is maintained. 203 Consumers, however, are free to choose between court proceedings and proceedings offered by an ADR entity. 204 This is the principle of liberty.…”

Section: Procedural Requirements Regarding the Decisionmentioning

confidence: 99%

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Applying the right to a fair trial to alternative consumer dispute resolution

Kamphorst¹

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26 See also the discussion in Chapter III on the applicability of the right to a fair trial to the CCB proceedings. 27 Eddy Bauw and others, Rechtsstatelijke waarborging van buitengerechtelijke geschiloplossing (WODC report 2727) (Universiteit Utrecht/ Montaigne Centrum voor Rechtspleging en Conflictoplossing/ WODC 2017) 41. 29 Case studies may involve individuals or organisations, but also processes, such as the CCB proceedings. See also David E McNabb, Research Methods for Political Science: Quantitative, Qualitative and Mixed Methods Approaches (3 rd edn, Routledge 2020) 275-276 with further references. 30 See also section 5.3 on the cross-border perspective in Chapter II. 31 Commissie Webwinkels Beslist.nl. 32 3 complaints were filed in 2019, 4 in 2020. This committee ceased to exist as of 1 January 2021, De Geschillencommissie, 'Commissie Webwinkels Beslist.nl' (samenwerkenaankwaliteit.nl) accessed 30 November 2022. 33 The case file analysis is described in further detail in Appendix B. The statistical analysis is described in section 2 of Chapter V. 34 Two cases were included because the decision was already finished at the beginning of the case study, though the official date of the decision was later.(ii) the committee was not competent to decide the dispute, (iii) the case ended with an amicable settlement, or (iv) it was unclear who had won. 35 The qualitative part of the study included desk research, interviews, and observations. 36 The desk research regarded doctrinal legal research into the right to a fair trial and the horizontal effect of fundamental rights. 37 Furthermore, a literature study of the CCB was conducted, which included the WODC evaluations of the CCB. 38 Moreover, the CCB's websites, a variety of internal documents, the case management systems, and the case files were analysed. This case file analysis was mostly part of the quantitative research. However, several findings that stood out but were not part of the database were noted for the qualitative analysis of the CCB proceedings.The interviews with CCB employees mostly took place in September and October 2019, while the case file analysis was carried out. Some interviews were conducted later. Many interviews with chairpersons and committee members took place prior to, or after the hearing observations. Interviews were held with employees at all levels of the organisation: (i) employees working at the Bureau, including jurists, (ii) IT-personnel, (iii) committee members and chairpersons, and (iv) management. Furthermore, an interview with the Homeshop trade association was conducted as well.The observations concerned offline and remote hearings. The hearing observations took place mainly in conjunction with the case file analysis in 2019. Later, at the end of 2021 and early 2022, remote hearings were observed. In total, three offline hearing sessions were observed in the period 18 September 2019 to 9 October 2019, and ...

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The Law of Consumer Redress in an Evolving Digital Market

Cited by 13 publications

References 0 publications

Access to Justice for Consumers in Turkey: The Need for Enhancing Consumer Dispute Resolution Through Online Dispute Resolution

Access to Justice for Consumers in Turkey: The Need for Enhancing Consumer Dispute Resolution Through Online Dispute Resolution

El derecho a la información de las ADR de consumo tras el caso C-380/19

Applying the right to a fair trial to alternative consumer dispute resolution

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