Law Commons^™

Book Review On Consumer And Sme Credit Law By Nora Beausang, Prof. (Dr.) G.S. Bajpai, Dr. Sushila

International Journal on Consumer Law and Practice

In this book review, the authors review the book titled "Consumer and SME Credit Law" by Nora Beausang which addresses in detail legal requirements applicable to the provision of financial services to consumers/SMEs and conduct of business regulatory issues relevant to consumer protection in Ireland, a highly regulated common law jurisdiction. The book analyses how the Irish regulators and courts have dealt with the consequences of, and inevitable upsurge in, civil disputes arising from the fallout from the global financial crisis and an overheated residential property market in the context of national, EU and internationally-derived regulatory requirements.

Unethical Marketing And Advertising To Children: Need For Regulation, Dr Sheetal Kapoor, Vikas Trivedi

International Journal on Consumer Law and Practice

The International Organization for Standardization (ISO) lays emphasis to regulate advertising targeted at children globally as kids are inexperienced and vulnerable to adverse impact of promotions by marketers and such regulations are trailing behind.1 Ensuring a robust regulatory mechanism and its effective enforcement remains the biggest challenge globally. The present paper studies the rationale of advertisements targeting children, assesses the impact of contemporary media advertisements on children and appraises the existing regulatory landscape of children targeted advertisements in India. It pushes for the need for stronger regulatory framework in the emerging markets.

Is Right To Repair One’S Own Good A Consumer Right? An Analysis Of The Changing Dimensions Of Consumer Rights In India., Tr Subramanya, Nidhi Saroj

International Journal on Consumer Law and Practice

The “Right to Repair” is a novel and non - traditional legal concept that addresses granting of the right to fix a damaged product, such as a car or smartphone, or to make any changes to such a device by the owner, the maker, or a third-party repair store. A growing global movement, the “right to repair” promotes consumers’ independence by allowing them to perform maintenance and repairs on their own equipment rather than being limited to the manufacturer’s service options. Countries throughout the world including United States and the United Kingdom have enacted laws by way of protecting citizens’ …

Dark Patterns In A Bright World : An Analysis Of The Indian Consumer Legal Architecture, Sandeep Sharma J., Ishita Sharma Dr.

International Journal on Consumer Law and Practice

Dark patterns’ are consumer targeted marketing strategies that capitalize on cognitive biases of consumers’ propelling them to make decisions, contrary to their intended preferences. The term dark patterns coined by user designer Harry Bignull has gained traction recently, due to its correlation with psychological responses that are produced through nudges that are unaligned to the consumers’ original preference. The consumer responses elicited through the use of such dubious nudges have a direct correlation with the way human brain functions. These covert strategies employed by digital marketing platforms capitalize through behavioral science, aimed at their economic growth compromising the consumers’ free, …

The Economics Of Repair: Fixing Planned Obsolescence By Activating The Right To Repair In India, Dunia Zongwe, Mahantesh Gs, Mamatha R

International Journal on Consumer Law and Practice

This paper examines the lack of a Right to Repair (R2R) legislation in India, particularly in the technology sector, and proposes key principles for an optimal Right to Repair Act based on competition economics and consumer choice. In the current scenario, electronic devices are often designed with planned obsolescence, leading to limited lifespans and encouraging a cycle of consumption and disposal, which negatively impacts the economy, society, and the environment. The global R2R campaign aims to balance societal rights and corporate interests by empowering consumers with the right to repair their devices.

Our research is the first to develop core …

Consumer Harms Arising From The Competition Dynamic Of E-Commerce Platforms In Malaysia, Tze Chin Ong Dr, Mei Fei Lee Ms., Norhoneydayati Abdul Manap, Zalina Abdul Halim Dr., Sridevi Thambapillay

International Journal on Consumer Law and Practice

The structure of the digital market of e-commerce platforms is dynamic, with a combination of characteristics such as strong network effects, concentrated multi-sided platforms, extreme economies of scale and scope, low marginal costs, and high data returns. These strong network externalities within the multisided e-commerce market make the competitive environment in e-commerce significantly different from the conventional monogamous market as they create gatekeeper positions favouring a few incumbent e-commerce platforms. In these circumstances, gatekeeper incumbent e-commerce platforms often set commercial conditions that have the effect of undermining other players and potential rivals within the ecosystem. In this regard, there has …

Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot

International Journal on Consumer Law and Practice

This research identifies and analyses weaknesses in Qatar’s legal regulatory framework for the right to withdraw in electronic transactions, understands the causes of consumer dissatisfaction and their impact, and conducts a comparative analysis of European law to extract insights for improving Qatar’s legal regulations and organizational structure. This research employs a quantitative methodology, utilizing a survey administered to a random sample of 391 consumers. The survey will gather data on consumer perceptions, experiences, and satisfaction levels related to the right to withdraw in electronic transactions in Qatar. The results revealed a need for more confidence among Qatari consumers when purchasing …

Equity And Expedition In Consumer Law And Justice: Some Thoretical Reflections And Practical Concerns, Prof. Upendra Baxi

International Journal on Consumer Law and Practice

This essay examines the notions of consumer in various incarnations as Grahak and Upbhokta, ethical consumer. alienated consumer, and the involuntary consumer in the context of consumer law and justice (CLJ) and consumer education. In many senses, the idea of ‘consumer’ is a recent idea as a market subject both to necessary and unnecessary market evils and modern law enacts ‘consumer protection’ as reform and rationalization of the market leaving intact the mode of production or the structures of the economy. That tension is aggravated by the further questions as to whether consumer rights are human rights. And these may …

Commentary On Consumer Protection Act, 2019, Ashok R. Patil

Books

The development of new technology in the form of e-commerce and the increasing integration of global markets and supply chains have changed the way consumers interact with the marketplace. This has given rise to new challenges for the consumer, and the existing consumer protection framework falls short in dealing with them. To address these concerns, the Consumer Protection Act, 2019, seeks to lay down a more robust scheme for consumer protection with the introduction of new measures such as the establishment of a general regulator, providing for a product liability regime, encouraging mediation, and developing appropriate regulations to protect and …

Product Liability Action: A Tooth To Strengthen Consumer Protection, Ashok R. Patil

Articles

As the world shifts to technological advancements, the advent of e-commerce marks its peak, particularly in India, where it has been earmarked as the fastest growing market with an annual growth rate of 51%. While these developments are an important part of globalization, a few challenges come along. Issues like unfair contracts, privacy, data protection, faulty goods, refund or return remained unaddressed as the earlier existing Consumer Protection Act, 1986 did not elucidate on the same. Given the above, the Law Commission of India had recommended that a separate law be enacted for better consumer protection. Based on the recommendations …