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Author:Osuji, O.K.
Title:Business-to-consumer harassment, unfair commercial practices directive and the UK - a distorted picture of uniform harmonization?
Journal:Journal of Consumer Policy
2011 : DEC, VOL. 34:4, p. 437-453
Index terms:law
consumer protection
international law
legislation
United Kingdom
Freeterms:business-to-consumer transactions
Language:eng
Abstract:The goal of the Unfair Commercial Practices Directive 2005 (UCPD) is to protect consumers in unfair business-to-consumer (B2C) practices. The article claims, however, that UCPD does not achieve this goal because of hazy concepts and uncertain substantive and enforcement provisions in national laws. The Ferguson vs British Gas case acts as a demonstration of the ineffectiveness of UCPD. The paper suggests that improvements in issues such as clarity of concepts, definitions, liability, ancillary tort claims, enforcement rights and uniformity would make the harmonisation process of UCPD much more effective.
SCIMA record nr: 275219
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