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Author: | Willett, C. |
Title: | Fairness and consumer decision making under the Unfair Commercial Practices Directive |
Journal: | Journal of Consumer Policy
2010 : SEP, VOL. 33:3, p. 247-273 |
Index terms: | consumer behaviour decision making consumer protection consumer law policy regulations European Union |
Language: | eng |
Abstract: | This article explores the unfairness (henceforth as: u-f.) concept from the Unfair Commercial Practices Directive (UCPD), considering why the nature and level of protection is especially important, given the range of coverage of the regime and the Europeanisation agenda. The UCPD concept is argued to provide the potential for a relatively protective (here as: prot.) approach to consumer decision making. It is further suggested that the prot. potential of the regime is not necessarily undermined by the "average consumer" concept or by the "informed decision-making" paradigm of the general u-f. clause. Finally, it is suggested that regulators may have a key role in maximizing both the level of protection and the prospects for a true common European approach. |
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