Consumer Rights Directive 2011

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The UK government held a consultation in 2012.[10][11] The new laws overhaul a number of consumer protection measures originally enacted long before the rise of internet shopping[12][13] and fit together with a number of other changes[14] to form a new Consumer Bill of Rights replacing more than a dozen older, often overlapping and inconsistent laws.[15] Outdated Spanish mortgage laws have already been shown to be in breach of the new rules and must conform.[16]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". European Union. 22 November 2011. Retrieved 15 April 2022.
  2. ^ "Online shoppers to receive more help from new EU rules". BBC News. BBC. 23 June 2011. Retrieved 25 March 2013.
  3. ^ "New proposals announced on consumer rights across Europe". Department for Business, Innovation & Skills. 18 August 2012. Retrieved 25 February 2013.
  4. ^ OutLaw (August 2011). "The new Consumer Rights Directive". Pinsent Masons LLP. Retrieved 25 March 2013.
  5. ^ "Implementing the Consumer Rights Directive 2011/83/EU". Department for Business, Innovation & Skills. 18 January 2013. Retrieved 25 March 2013.
  6. ^ "How are the upcoming changes to consumer rights going to affect retailers?". Retail Week. EMAP Publishing Limited. 22 March 2013. Retrieved 25 March 2013.
  7. ^ a b "ABTA Opposes Extension of Consumer Rights Directive to Cover Package Travel and Timeshare Markets". ABTA. 1 November 2012. Retrieved 25 March 2013.
  8. ^ LoveMoney (25 February 2013). "ICSS: this premium rate number rip-off will cost you a fortune". AOL Money. AOL (UK) Limited. Retrieved 25 March 2013.
  9. ^ "Government to ban 'rip-off' card surcharges". Which?. Consumers' Association. 23 December 2011. Archived from the original on 1 October 2013. Retrieved 25 February 2013.
  10. ^ "New proposals on consumer rights across Europe". Department for Business, Innovation & Skills. 20 August 2012. Retrieved 25 March 2013.
  11. ^ "Consultation on the implementation of the Consumer Rights Directive 2011/83/EU". OFT Responses. Office of Fair Trading. 8 November 2012. Archived from the original on 9 April 2013. Retrieved 25 March 2013.
  12. ^ Moore, Elaine (18 August 2012). "Consumer protection laws to be overhauled". Financial Times. London: The Financial Times Ltd. Retrieved 25 March 2013.
  13. ^ D'Italia, Stella (1 November 2012). "Implementing the Consumer Rights Directive" (PDF). Which?. Consumers' Association. Retrieved 25 March 2013.
  14. ^ Burch, Lara (8 March 2013). "Regulatory Timeline 2013–2014: Consumer Protection". Osborne Clarke. Retrieved 25 March 2013.
  15. ^ Conway, Lorraine (21 March 2013). "Proposed consumer Bill of Rights". Commons Library Standard Note. Parliament UK. Retrieved 25 March 2013.
  16. ^ "Spain to comply with EU ruling on mortages (sic) and evictions". Deutsche Welle. 14 March 2013. Retrieved 25 March 2013.

References