Consumer Rights Directive

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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

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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The UK government held a consultation in 2012.[10][11] The new laws overhaul a number of consumer protection measures originally enacted long before the rise of internet shopping[12][13] and fit together with a number of other changes[14] to form a new Consumer Bill of Rights replacing more than a dozen older, often overlapping and inconsistent laws.[15] Outdated Spanish mortgage laws have already been shown to be in breach of the new rules and must conform.[16]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

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  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.

References

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