The Consumer Benchmarks in the Unfair Commercial Practices Directive

Duivenvoorde, Bram B.

doi:10.1007/978-3-319-13924-1

Cited by 31 publications

(24 citation statements)

References 2 publications

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“…Two, our findings provide a critical backdrop against which to assess strategies, such as the European e-health strategies, which tend to differentiate little between different types of users. Here, it is important to bear in mind that certain consumers are probably better positioned to self-manage their health (e.g., the "average" e-health consumers who is young, highly educated, and e-health literate) than other more "vulnerable" consumers (for a more in-depth discussion on the notions of "average" and "vulnerable" consumer, see Baker, Gentry, and Rittenberg 2005;Duivenvoorde 2014;Hare, Law, and Brennan 2012;Incardona and Poncib o 2007;London Economics, VVA Consulting, and Ipsos Mori 2016). Moreover, with the increasing "datafication" and "commodification" of health data through online health platforms, users are increasingly challenged to identify trustworthy versus less trustworthy actors in this sector (Andrejevic 2014;Van Dijck and Poell 2016).…”

Section: Discussionmentioning

confidence: 99%

Differences in mobile health app use: A source of new digital inequalities?

Bol

Helberger

Weert

2018

The Information Society

297

219

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Section: Discussionmentioning

confidence: 99%

Differences in mobile health app use: A source of new digital inequalities?

Bol

Helberger

Weert

2018

The Information Society

297

219

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“…Scholars (Amir and Lobel 2012;Burgess 2012;Franck and Purnhagen 2014;Purnhagen and Feindt 2015;Sibony and Alemanno 2015;Trzaskowki 2011;van Aaken 2015) as well as members of the highly influential Joint Research Centre of the European Commission (van Bavel et al 2013) have asked for more recognition of behavioural studies in EU internal market regulation, particularly in the area of unfair commercial practices (Duivenvoorde 2015;Purnhagen 2017;Trzaskowki 2011; critical towards inclusion of such studies in unfair commercial practices law : Weatherill 2007, pp. 128-129).…”

mentioning

confidence: 99%

Can Bonus Packs Mislead Consumers? A Demonstration of How Behavioural Consumer Research Can Inform Unfair Commercial Practices Law on the Example of the ECJ’s Mars Judgement

Purnhagen

Herpen

2017

J Consum Policy

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The use of psychological findings in EU internal market regulation has gained interest, particularly in the area of unfair commercial practices. This study investigates consumer perceptions of bonus packs containing an oversized indication of the Bextra^volume in the package, such as in the Mars case. The Mars case serves as a standard reference in EU unfair commercial practices law which is used as a benchmark to determine the Baverage consumer.^Our study demonstrates how an experiment can be set up to provide empirically based insights on whether a practice is Bdeceptive.^Results of our experiment show that consumers overestimate the extra volume when confronted with an oversized indication compared to control conditions, which is first empirical evidence that this practice is potentially deceptive.

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“…901) but also 'younger' elderly consumers (e.g. 65-year-old) (Lyon and Bayliss, 1987;Duivenvoorde, 2013). Klemz et al (2010) refers to persons from the age of 50 to 93 while the UN Department of Economic and Social Affairs (2011) refers to persons of 60 years or older.…”

Section: The Elderly As Consumersmentioning

confidence: 99%

“…90+) but also ‘younger' elderly consumers (e.g. 65‐year‐old) (Lyon and Bayliss, ; Duivenvoorde, ). Klemz et al .…”

Section: The Elderly As Consumersmentioning

confidence: 99%

Consumer rights of the elderly as vulnerable consumers in South Africa: some comparative aspects of the Consumer Protection Act 68 of 2008

Barnard

2015

Int J Consumer Studies

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Although consumer protection is not a new concept in South African law, the Consumer Protection Act 68 of 2008 (CPA) now provides for a much more comprehensive and encompassing mechanism to protect consumers. Consumers are protected, not only in the provision of goods and services, the conclusion of contracts but also in the promotion and marketing thereof. The CPA further provides special protection to a particular type of consumer which is the vulnerable consumer and includes elderly consumers. Importantly, and for the first time in the history of South African law, the consumer is provided with eight core fundamental consumer rights. As this contribution is an attempt to provide an interdisciplinary analysis from a legal perspective, identification of what is considered to be an ‘elderly' consumer, needs to be assessed by referring to relevant empirical studies from both an international as well as South African perspective. The focus of this study is on the protection of the elderly as a category of vulnerable consumers in terms of the CPA. The investigation will attempt to show that the elderly is protected in terms of all eight of the fundamental consumer rights within the CPA. Special reference will be made to two fundamental rights of the consumer in terms of the CPA. First, the elderly consumer's right to equality in the consumer market (Part A of the CPA) which provides additional protection as the CPA also refers to the Constitutional right to equality. Second, the elderly consumer's the right to fair and responsible marketing (Part E of the CPA) which in terms of the research is compared with the EU Unfair Commercial Practices Directive. Certain problems regarding elderly consumers are identified and the importance of consumer rights as well as the implementation of the correct consumer policy is argued.

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The Consumer Benchmarks in the Unfair Commercial Practices Directive

Cited by 31 publications

References 2 publications

Differences in mobile health app use: A source of new digital inequalities?

Differences in mobile health app use: A source of new digital inequalities?

Can Bonus Packs Mislead Consumers? A Demonstration of How Behavioural Consumer Research Can Inform Unfair Commercial Practices Law on the Example of the ECJ’s Mars Judgement

Consumer rights of the elderly as vulnerable consumers in South Africa: some comparative aspects of the Consumer Protection Act 68 of 2008

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