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Fairness and Consumer Decision Making under the Unfair Commercial Practices Directive

Willett, C (2010) 'Fairness and Consumer Decision Making under the Unfair Commercial Practices Directive.' Journal of Consumer Policy, 33 (3). pp. 247-273. ISSN 0168-7034

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Abstract

This article analyses the unfairness concept from the Unfair Commercial Practices Directive (UCPD). It considers why the nature and level of protection is particularly important given the range of coverage of the regime and the Europeanisation agenda. It argues that the UCPD concept provides the potential for a relatively protective approach to consumer decision making. At the same time, it emphasizes that realisation of this potential is partly dependent on recognizing the limits of transparency as a protective tool and in understanding the ?professional diligence? and ?average consumer? concepts in particular ways. It is further suggested that the protective potential of the regime is not necessarily undermined by the ?average consumer? concept or by the ?informed decision-making? paradigm of the general unfairness clause. Indeed, the general clause may be capable of extending the protective effects to some extent. Finally, it is suggested that regulators may have a key role to play in maximizing both the level of protection and the prospects for a genuinely common European approach.

Item Type: Article
Uncontrolled Keywords: Importance; Misleading practices; Aggressive practices; Average consumer; Professional diligence
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 21 Mar 2013 10:00
Last Modified: 15 Jan 2022 01:02
URI: http://repository.essex.ac.uk/id/eprint/5889

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