Posted in Consumer Law

In de fysieke winkel kan een consument een product even vasthouden of een demonstratie krijgen, maar bij een aankoop via internet wordt dat lastig. Daarom krijgen consumenten bij aankopen op afstand het recht van ontbinding (herroepingsrecht) tot 14 dagen na ontvangst van de goederen of diensten.

The Netherlands: a very well-made factsheet with periods, deadlines, exceptions, requirements/conditions to offer and exercise ones’s right of withdrawal after a purchase.

Some gems:

  • A notice should be served max 14 days after the purchase,
  • the recession form must be available online,
  • in case of withdrawal from all of the items, also shipment costs must be repaid to the consumer, and
  • refund can take place, at latest, 14 days after the notice

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Posted in Consumer Law

FTC’s First Action Against a Social Media ‘Influencer’ Might Not Be Last

The recent legal waves in Europe, requiring youtuber and social media users to disclose their relationship to the company they;re paid from to post comments, has hit the US too, perhaps even sooner than the old continent.

The last case revolves around Warner Bros and the marketing campaign to promote the video game “Middle Earth: Shadow of Mordor”.

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Posted in Arbitration Law, Consumer Law, Litigation, Privacy

Equifax Is Bashed for Forcing Arbitration on Consumers After Data Breach

Add insult to data breach.

123m clients of Equifax have lost their perosnal data, but luckily the company allows them to check whether their data has gone stolen.

Just check the box to agree on T&Cs that you would only sue them in arbitration and lose your rights to a class action.
The immediate correction allowed ocnsumer to opt out within 30 days from the agreement to the T&Cs.

All of this happened right before the 18th Sep, date by which the CFPB will enforce a law banning class action right waiver for consumers.

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Posted in Consumer Law

Versoepeling voorwaarden hotelboekingssites leidt tot gevarieerder aanbod

One of the further reason to praise Competition Law.

Expedia and Booking deployed T&Cs which demanded their hotels to provide the lowest price ever only on their respective platforms. This would imply that a given hotel had to offer a higher price even on its own website. Furthermore, this would impede the hotel from being hosted on another platform, since a higher price would hardly be feasible.

The EU Competition authority stepped in in 2014 and demanded such companies to ease their T&Cs which indeeed take place but was not made known to 50% of the hotels in Europe (40% in the NL).

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Posted in Consumer Law

Online vakanties boeken: Commissie en instanties voor consumentenbescherming pakken misleidende boekingswebsites aan

235 onlie flight comparator out of 352 have been found unreliable by the EU Commission and EU consumer protection authoroities.

  • In 30% Of the cases, the first price is not the same as the final one,
  • In 20% of the case the promotional offers were not available
  • in 30% of the cases, it was unclear what was the total and how it was calculated
  • in 25% of the cases it was not reported that the popup message referring to the last available room (“Hurry up, only 1 room left”), actaully referred only to that platform and not to the overall avilability.
  • In 22,7% of the cases there was not enough informaiton about the website and the company behind it.

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Posted in Consumer Law

Reclamecode Social Media: regels voor gesponsorde content op sociale media

Netherlands (at the forefront, once again): the law on advertising does apply also to vloggers. Up to now, vloggers could escape such regulations but will now need to, among the others:

  • let users recognise their advertising
  • not misled users
  • not damage confidence in a given industry

I’m so looking forward to the first lawsuit against a vloggers for erroneous/misleading/tarnishing vide on a given product.

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Posted in Consumer Law

Geen extra kosten naast de gebruikelijke belkosten voor een servicelijn

The Netherlands: how often have you called a customer service and heard that the cost of the call will be “1 euro plus normal calling tariefs”? How often have you heard it easily phrased?

According to the EUCJ, this has to be twisted (in favour of consumers).

Firstly, the 1 Euro must already include the normal tariff (therefore it may amount to less than 1 euro).

Secondly, such calls directed to 09xx numbers can only be valid to prospective customers.
Those who have already engaged in a contract (i.e. a purchase), must be given a normal telephone number, since a higher fee may discourage them from pursuing their queries.

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