دانلود کتاب Vulnerable Consumers and the Law: Consumer Protection and Access to Justice

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Cover
Half Title
Series Information
Title Page
Copyright Page
Table of contents
Acknowledgements
Contributors
Foreword
1 In search of (access to) justice for vulnerable consumers
1.1 Vulnerable consumers and access to justice: The debate in context
1.2 Unpicking the needs of vulnerable consumers to design better access to justice
1.2.1 Normative responses to consumer vulnerability
1.2.2 Regulatory responses
1.2.3 State of the access to justice solutions
2 Economic theory and consumer vulnerability: Exploring an uneasy relationship
2.1 Introduction
2.2 Neoclassical influence on consumer law
2.3 Catering for the vulnerable in the ‘information paradigm’: The use of behavioural economics
2.4 Carving out ‘vulnerable groups of consumers’ in regulation
2.5 The need to re-interpret economic theories to serve the vulnerable
3 A universal perspective on vulnerability: International definitions and targets
3.1 Introduction
3.2 Inclusion of vulnerable consumers in the United Nations Guidelines for Consumer Protection (UNGCP)
3.3 Vulnerability in the Sustainable Development Goals
3.3.1 SDG 1: End poverty in all its forms everywhere
3.3.2 SDG 10: Reduce inequality within and among countries
3.3.3 Interface between protection of vulnerable consumers in OECD countries and SDGs
3.4 Integrating ‘vulnerability’ and its protection in law and regulation
3.4.1 Variety in tackling the protection of vulnerable consumers in law
3.4.2 Spotlight on the protection of vulnerable consumers in regulated public services
3.4.2.1 Protection of existing customers
3.4.2.2 Protection against disconnection
3.4.2.3 Universal or selective help?
3.4.2.4 A human rights approach?
3.4.2.5 Non-connected consumer – the most expensive service is that which does not exist
3.5 Conclusion
4 The legal definition of ‘vulnerable’ consumers in the UCPD: Benefits and limitations of a focus on personal attributes
4.1 Introduction
4.2 A multi-disciplinary conceptualisation of consumer vulnerability
4.3 Vulnerable consumers in the UCPD
4.3.1 Vulnerability due to age
4.3.2 Vulnerability due to infirmity
4.3.3 Vulnerability due to credulity
4.3.4 Foreseeability by the trader
4.4 The way forward for consumer vulnerability
4.4.1 A missed opportunity to reform
4.4.2 Possible interim solutions
4.5 Conclusion
5 Vulnerable consumers in financial services and access to justice: The regulatory response
5.1 Introduction
5.2 Vulnerability in the financial services context
5.3 Access to justice in the financial services context
5.4 Regulatory response and its impact on vulnerability and access to justice
5.4.1 Regulatory framework for financial services
5.4.2 Specific case of the unfair credit relationship
5.5 Conclusion
6 Regulating the consumer credit market: Protecting vulnerable consumers
6.1 Introduction
6.2 The UK consumer protection regime: Price regulation
6.3 Protecting vulnerable consumers: Regulating conduct, rather than prices
6.4 Financial sanctions and criminal proceedings: Solution to protect vulnerable consumers?
6.5 Conclusion
7 Vulnerability in the UK energy market
7.1 Introduction
7.2 Price cap and consumer engagement in the market
7.2.1 The difficulties with a price cap
7.2.2 Consumer engagement as an indicator
7.3 Vulnerability as a concept
7.3.1 Fuel poverty
7.3.2 Impact vulnerability
7.3.3 Redress vulnerability
7.4 Vulnerability in context: Societal vulnerability and energy market vulnerability
7.5 Changing the perspective: Reasonable expectations
7.6 Additional expectations
7.6.1 Relational contracts
7.6.2 Energy as a public good
7.7 Conclusion
8 Using ‘stokvel’ community values to combat financial exclusion
8.1 Introduction
8.2 Financial exclusion as consumer vulnerability
8.3 Stokvels as a response to financial exclusion and lack of access to credit
8.4 Formalising stokvels
8.4.1 Formalising the informal economy through law
8.4.2 Registering stokvels as financial mutuals
8.5 Comparative analysis: Credit unions in the UK
8.6 Conclusion
9 The role of voluntary standards in improving outcomes for consumers in vulnerable situations
9.1 Introduction
9.2 Standards solutions to vulnerability
9.2.1 What are standards?
9.2.2 Benefits of consumer involvement in standards
9.2.3 How standards protect consumers in vulnerable situations
9.3 The impact of BS 18477 in tackling consumer vulnerability
9.3.1 How BS18477 works
9.3.2 Consumers in vulnerable situations and essential services
9.3.3 Certification
9.4 Addressing consumer vulnerability at a global level
9.5 Tackling vulnerability in practice: case studies
9.5.1 Scottish and Southern Electricity Networks (SSEN)
9.5.2 South East Water (SE Water)
9.5.3 Wales and West Utilities (WWU)
9.6 Conclusion
10 Improving courts and ADR to help vulnerable consumers access justice
10.1 Introduction
10.2 Access to justice
10.2.1 Accessibility
10.2.2 Procedural and substantive fairness
10.3 The courts’ reform programme
10.4 Small claims in the county court
10.5 The growth of ADR
10.5.1 Consumer ADR systems
10.5.2 ADR users
10.6 Conclusion
11 ODR and access to justice for vulnerable consumers: The case of the EU ODR Platform
11.1 Introduction
11.2 Workings of the EU Online Dispute Resolution platform (ODR)
11.3 Critical evaluation of the ODR Platform
11.3.1 Lack of compliance with ODR regulation requirements
11.3.2 Limitations of the ODR Platform in addressing fragmentation and its impact on the vulnerable
11.3.3 Lack of traders’ engagement with the ODR Platform does not serve the vulnerable
11.3.4 Platform accessibility needs improving
11.3.5 Lack of awareness amongst potential claimants
11.4 Conclusion
12 Consumer ADR in the European Union and in Portugal as a means of ensuring consumer protection
12.1 Introduction
12.2 Historical background and rationale underlying the adoption of ADR
12.3 Main features of consumer ADR in Portugal
12.3.1 Role of arbitration centres
12.3.2 Mediation procedure
12.3.3 Compulsory arbitration procedures
12.4 Obligation of information about ADR procedures
12.5 Role of the fundamental principles in protecting (vulnerable) consumers
12.6 Rationale and relevance of consumer ADR for vulnerability mitigation
12.7 Conclusion
13 Online dispute resolution of consumer disputes, vulnerable consumers and new technologies
13.1 Introduction
13.2 Strategies to address the shortcomings of ODR to serve vulnerable consumers
13.2.1 Raising awareness
13.2.2 Addressing the digital divide
13.2.3 Offering support to facilitate engagement
13.2.4 Monitor and report
13.3 Can new technologies really improve ODR for vulnerable consumers?
13.3.1 ODR decision compliance solved on the blockchain
13.3.2 Example of blockchain enabled systems
13.3.3 Algorithm enabled mediation
13.4 Conclusion
14 Using claims management as a method to help consumers on low income
14.1 Introduction
14.2 Assessing the relevance of CMCs by reference to their national legal environment
14.3 The development and regulation of ‘legal tech’ CMCs
14.3.1 Legal constructions and business models
14.3.2 Regulation of CMCs
14.4 Merits of legal tech CMCs as a tool for low-income consumers
14.4.1 Advantages and inconveniences of CMCs over competing legal services
14.4.2 Barriers for consumers on low income
14.4.2.1 Technological barriers
14.4.2.2 Financial barriers
14.4.2.3 Psychological barriers
14.5 Lack of availability of CMCs for low-income consumers
14.6 Conclusion: Are digitalised administration and self-executing ‘smart’ contracts the new frontier to protect ...
15 The way forward: For an ‘inclusive’ access to justice to protect vulnerable consumers
15.1 Breaking boundaries and silos in the definition(s) and framework of protection of ‘vulnerable consumers’
15.1.1 Dismantling compartments and looking for a coherent and inclusive approach
15.1.2 A solution to the limitations of a definition of the vulnerable
15.1.3 Make ‘vulnerability’ a core value of consumer protection policies
15.2 Acknowledging lack of access to justice as a systemic failure
15.3 Access to justice stuck in neutral? Supporting effective and fair dispute avoidance through regulation and public ...
15.4 Back to the future: Some suggested solutions for improved dispute resolution and access to justice for vulnerable ...
15.4.1 One-stop shop: Closing the access to justice gap
15.4.2 Embracing digital justice as a means to transform access to justice?
15.4.3 Back to the future: towards inclusive access to justice for vulnerable consumers
Index