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Consumer Rights Directive 2011

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The Consumer Rights Directive 2011/83/EU[1] is a consumer protection measure in EU law.[2][3] It was due to be implemented by 13 December 2013[4]

Scope

The Directive applies to most contracts between traders and consumers[5] and applied to all contracts concluded after 13 June 2014.[6] Exceptions include financial services, gambling, healthcare by regulated professionals, package travel,[7] property transactions, social services, timeshare[7] and most aspects of passenger transport.

Content

The Consumer Rights Directive contains provisions on:

  • Information to be given before a consumer buys goods or services on the trader’s premises
  • Information to be given before a consumer buys goods or services away from the trader's premises (e.g. at home or at a fair), or at a distance (internet, telesales)
  • Cancellation rights and responsibilities where the consumer buys goods or services away from the trader's premises or at a distance
  • Delivery times for goods - clarifying what deadlines for delivery should be and where responsibilities lie if there is a problem
  • Post-contract customer helplines, where existing customers must be charged no more than the basic rate for phone calls[8]
  • Additional payments (on top of the main price of a purchase) which would need to have active or express consent of the consumer. An example is that pre-ticked boxes which the consumer must 'untick' will no longer be allowed
  • Fees charged for a particular method of payment (e.g. credit card surcharges).[9]

Implementation

See also: Consumer Rights Act 2015 and English contract law

The UK government held a consultation in 2012.[10][11] The new laws overhaul a number of consumer protection measures originally enacted long before the rise of internet shopping[12][13] and fit together with a number of other changes[14] to form a new Consumer Bill of Rights replacing more than a dozen older, often overlapping and inconsistent laws.[15] Outdated Spanish mortgage laws have already been shown to be in breach of the new rules and must conform.[16]

See also

Notes

  1. ^ "Directive 2011/83/EU on Consumer Rights" (PDF). European Union. 2011-11-22. Retrieved 2013-02-25.
  2. ^ "Online shoppers to receive more help from new EU rules". BBC News. BBC. 2011-06-23. Retrieved 2013-03-25.
  3. ^ "New proposals announced on consumer rights across Europe". Department for Business, Innovation & Skills. 2012-08-18. Retrieved 2013-02-25.
  4. ^ OutLaw (August 2011). "The new Consumer Rights Directive". Pinsent Masons LLP. Retrieved 2013-03-25.
  5. ^ "Implementing the Consumer Rights Directive 2011/83/EU". Department for Business, Innovation & Skills. 2013-01-18. Retrieved 2013-03-25.
  6. ^ "How are the upcoming changes to consumer rights going to affect retailers?". Retail Week. EMAP Publishing Limited. 2013-03-22. Retrieved 2013-03-25.
  7. ^ a b "ABTA Opposes Extension of Consumer Rights Directive to Cover Package Travel and Timeshare Markets". ABTA. 2012-11-01. Retrieved 2013-03-25.
  8. ^ LoveMoney (2013-02-25). "ICSS: this premium rate number rip-off will cost you a fortune". AOL Money. AOL (UK) Limited. Retrieved 2013-03-25.
  9. ^ "Government to ban 'rip-off' card surcharges". Which?. Consumers' Association. 2011-12-23. Retrieved 2013-02-25.
  10. ^ "New proposals on consumer rights across Europe". Department for Business, Innovation & Skills. 2012-08-20. Retrieved 2013-03-25.
  11. ^ "Consultation on the implementation of the Consumer Rights Directive 2011/83/EU". OFT Responses. Office of Fair Trading. 2012-11-08. Retrieved 2013-03-25.
  12. ^ Moore, Elaine (2012-08-18). "Consumer protection laws to be overhauled". Financial Times. London: The Financial Times Ltd. Retrieved 2013-03-25.
  13. ^ D'Italia, Stella (2012-11-01). "Implementing the Consumer Rights Directive" (PDF). Which?. Consumers' Association. Retrieved 2013-03-25.
  14. ^ Burch, Lara (2013-03-08). "Regulatory Timeline 2013-2014: Consumer Protection". Osborne Clarke. Retrieved 2013-03-25.
  15. ^ Conway, Lorraine (2013-03-21). "Proposed consumer Bill of Rights". Commons Library Standard Note. Parliament UK. Retrieved 2013-03-25.
  16. ^ "Spain to comply with EU ruling on mortages and evictions". Deutsche Welle. 2013-03-14. Retrieved 2013-03-25.

References

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