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Enhancing quality in innovative higher education about consumer awareness

Enhancing quality in innovative higher education about consumer awareness Consume-aware Erasmus+ Action 2. CHAPTER 10. CONSUMER DISPUTE RESOLUTION. 1. Understand “consumer dispute resolution”. 2.

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Enhancing quality in innovative higher education about consumer awareness

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  1. Enhancing quality in innovative higher education about consumer awareness Consume-awareErasmus+ Action 2

  2. CHAPTER 10 CONSUMER DISPUTE RESOLUTION

  3. 1. Understand “consumer dispute resolution” 2. Understand the difference between informal dispute resolution, alternative dispute resolution and formal legal action GOALS 3. Advise a consumer who purchased, online or offline, in another EU country how to seek redress

  4. CONSUMER DISPUTE RESOLUTION Have you ever had problems with a good or a service bought in another EU country? • Informal dispute resolution • Out-of-court procedures • Formal legal action Note the restraints of the goal of this lesson! consumer / cross-border / EU

  5. INFORMAL DISPUTE RESOLUTION In case of a dispute parties first attempt to resolve their dispute informally, meaning, without a formal proceeding.

  6. INFORMAL DISPUTE RESOLUTION Case 1 Heinz, from Germany, was dissatisfied with his internet connection speed which was lower than stated in his contract. Case 2 Ewa, from Katowice in Poland, bought a new pair of headphones from a German-based website. Unfortunately, when the headphones arrived she discovered that they didn't work properly. When using the headphones they produced a strong whistling sound. The trader advised her to send it back to the manufacturer for repair. She did so, but it didn't last long before she had the same problem. Ewa contacted the trader again to ask for a refund, but was told this wouldn't be considered until the headphones had been repaired three times

  7. INFORMAL DISPUTE RESOLUTION You should: • Contact the trader • Contact a consumer organization or regular authority consumer organization competent national regulatory authority if you have problems with a service provider in the electronic communications sector in the energy sector in the financial sector 3. Contact a European Consumer Centre

  8. ECC: FACTS AND FIGURES

  9. ECC: FACTS AND FIGURES Complaints 74.3% online purchase 36.5% transport 22.4% of all complaints related to air transport and 6% to car rental.

  10. ECC: FACTS AND FIGURES Resolution of complaints: In 2017, the network Network amicably resolved almost half the complex cases (cases involving more than one consumer centre). The remaining cases were either referred to other organisations (including alternative dispute resolution bodies (ADRs), enforcement bodies or courts) or closed without a solution having been found, because: the consumer disagreed with the proposed solution, the complaint was considered to be unfounded. In all instances, consumers were advised on possible options.

  11. ECC: FACTS AND FIGURES Complex cases: The table shows a subset of the complex cases which were created and closed in 2017.

  12. INFORMAL DISPUTE RESOLUTION Case 1: Heinz, from Germany, was dissatisfied with his internet connection speed which was lower than stated in his contract. Possible answer: He can contact his internet provider to complain. The internet provider should promptly increase his connection speed. If that is done, Heinz won’t need to take any further action.

  13. INFORMAL DISPUTE RESOLUTION Case 2: Ewa, from Katowice in Poland, bought a new pair of headphones [...] Possible answer: At this point, Ewa can contact ECC Poland for help. The Polish office will share the case with its counterpart in Germany. The ECC Germany will then contact the trader. If the ECC Germany's intervention is successful, the trader will take back the headphones and give Ewa a full refund.

  14. INFORMAL DISPUTE RESOLUTION You should: • Contact the trader • Contact a consumer organization or regular authority consumer organization competent national regulatory authority if you have problems with a service provider in the electronic communications sector in the energy sector in the financial sector 3. Contact a European Consumer Centre Notice! After contacting one of the four above, you still have the right to bring a case before a court at a later stage.

  15. ALTERNATIVE DISPUTE RESOLUTION Alternative dispute resolution or ADR DEFINITION: ADR means settling a complaint out of court with the assistance of an impartial dispute resolution body: a conciliator, mediator, arbitrator, ombudsman, complaints board …

  16. ALTERNATIVE DISPUTE RESOLUTION Case: Giulia from Italy bought a new gaming laptop online from a trader in France. The gaming laptop did not correspond to what she had ordered and she couldn't reach a solution with the trader. Giulia wants this dispute to be solved in the cheapest and fastest way possible. What would you advise Giulia to do?

  17. OTHER PROCEDURES THAN ECC: ALTERNATIVE DISPUTE RESOLUTION (ADR) • Mediation • Conciliation commission • Arbitration                                              • Ombudsman all over Europe quality standards 2 types of ADR • Dispute commission: binding • Mediation services: binding

  18. ALTERNATIVE DISPUTE RESOLUTION Advantages of this procedure? Usually: • low-cost • simple • fast

  19. ALTERNATIVE DISPUTE RESOLUTION A problem with a product or service that you bought offline? Alternative Dispute Resolution (ADR) Provided by neutral out-of-court bodies that have to meet strict EU quality criteria for any market sector Link to dispute resolution bodies in EU-countrieslink

  20. ADR - ODR • ADR bodies>>      ODR-platform • Goods/services bought online • 4 partners:  • Consumer • Trader/webshop • ADR body • ODR contact point • ECC Belgium>>     ODR contact point

  21. ALTERNATIVE DISPUTE RESOLUTION Summarized: if your dispute relates to a product or service you bought online Online Dispute Resolution platform (also ADR)link Cf. ADR Submit your complaint online via the ODR platformlink Link to dispute resolution bodies in EU-countries

  22. ALTERNATIVE DISPUTE RESOLUTION Case: Giulia from Italy bought a new gaming laptop online from a trader in France. The gaming laptop did not correspond to what she had ordered [...] Possible answer: Advise her to submit her complaint through theEU online dispute resolution site. With the agreement of Giulia and the trader, the appropriate alternative dispute resolution body will handle the case. Most probably this will result in Giulia receiving a new gaming laptop corresponding to the order that was made.

  23. FORMAL LEGAL ACTION 1. Informal dispute resolution 2. Out-of-court procedures 3. Formal legal action European Small Claims Procedure European Payment Order Formal Court Procedure

  24. FORMAL LEGAL ACTION What does it mean? Bringing your case to court

  25. FORMAL LEGAL ACTION 1. European Small Claims Procedure (ESCP) When to use? Claims up to 5000 euros How to claim? Via forms, at home How to enforce? Cost of the procedure? Low cost

  26. FORMAL LEGAL ACTION 2. European Order for Payment procedure (EOP) When to use? For non-disputed payments How to claim? Via forms, at home How to enforce?

  27. FORMAL LEGAL ACTION 1. Formal court procedure (national procedure) If you believe your rights under EU law have been breached, you are entitled to: a fair and public hearing within a reasonable time limit before an independent and impartial court the services of a lawyer to advise, defend and represent you.

  28. REMARK Even if the service provider or trader is based abroad, you can have your case heard in your home country if the company is commercially or professionally active in or towards your country. The Council Directive 2002/8/EC establishing minimum common rules relating to legal aid in civil matters also improves access to justice in cross-border disputes.

  29. In which countries can you find a European Consumer Centre? • Where is ADR an abbreviation of? • What is the main characteristic of ADR entities? • Where is ODR an abbreviation of? • What is the European small claims procedure ? • What is the aim of the European order for payment procedure? ___ QUESTIONS

  30. 1.In which countries can you find a European Consumer Centre? In every EU country, Iceland and Norway. 2. Where is ADR an abbreviation of? ANSWERS ADR is an abbreviation of Alternative Dispute Resolution. 3. What is the main characteristic of ADR entities? ADR entities are out-of-court (non-judicial) entities.

  31. 4.Where is ODR an abbreviation of? ODR is an abbreviation of Online Dispute Resolution. 5. What is the European small claims procedure ? The European Small Claim Procedure is a formal court procedure to make a claim against a person, organisation or business based in another EU country except for Denmark for a maximum value of EUR 5 000 ANSWERS 6. What is the aim of the European order for payment procedure? The aim of the European Order for Payment procedure is to simplify and to speed up litigation in cross-border matters and reduce the parties’ litigation costs.

  32. Mention the name and website of one or more consumer organizations in your country. Find the European Consumer Centre in your country. Note the hyperlink. How can you mail, call or write your European Consumer Centre? Give the three conditions to get free of charge help from a consumer centre. ___ QUESTIONS

  33. 1. E.g. Belgium:(Dutch) link, (French) link 2. There is a European Consumer Centre in all 28 EU countries, Iceland and Norway. The consumer centre in for instance Belgium: step 1 to the right answer: link step 2 to the right answer: link ANSWERS 6. European Consumer Centres can help you free of charge if you: have a problem with a trader based in another EU country Iceland or Norway; have already complained to the trader in writing; are complaining as an individual, not on behalf of a company;

  34. 1. Informal dispute resolution: First explore ways of settling your dispute directly with the trader, or with the help of a consumer organisation in your country! 2. Out-of-court procedures: You can then try to solve your problem through alternative (possibly online) dispute resolution. CONCLUSION

  35. 3. Formal legal action: Know that a small claims procedure and payment order can help you recover money from a trader in another EU country. Off course you always remain to have the right to decide to enter into a full formal court procedure CONCLUSION

  36. READINGS

  37. Cortés, P. (2016). Enforcing EU consumer policy more effectively: a three pronged approach. In S. Drake, & M. Smith (Reds.), New Directions in the Effective Enforcement of EU Law and Policy (pp. 202-230). Cheltenham, United Kingdom: Edward Elgar Publishing. Cortés, P. (Red.). (2016). The New Regulatory Framework for Consumer Dispute Resolution. Oxford, United Kingdom: Oxford University Press. Voet, S. (2018). CDR in België. Buitengerechtelijke beslechting en oplossing van consumentengeschillen. Brugge, België: Die Keure.

  38. THANK YOU

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