consumer protection code 2020
2.10 What types of goods and services are covered by the protections relating to the safety of goods and services? Note: Authority cited: Section 1798.185, Civil Code. The ICA has the competence to enforce the Code in relation to unfair business-to-consumer practices. ICLG - Consumer Protection Laws and Regulations - On-premises contracts. In October 2016, the ICA fined Norwegian Air and Blue Air EUR 170,000 for charging extra fees where payments for online purchases by consumers were made by credit card. 2.13 Are there mandatory reporting requirements with respect to the safety of goods or services? BUREAU OF CONSUMER FINANCIAL PROTECTION . CFPB-2020-0021] RIN 3170-AA98 . DEPARTMENT OF CONSUMER AFFAIRS . However, where there is an imminent risk to public health and safety caused by a dangerous product, the competent authorities can prohibit commercialisation and take necessary measures to ensure compliance with any such prohibition. In November 2018, the ICA fined Facebook EUR 10 million after finding that it misled consumers registering on its platform by not adequately and immediately informing them during the setting up of the account that the users’ data would be used for commercial purposes. 145 of 2 August 2007, implementing Section 14 of Directive 2005/29/EC and amending Directive 84/450/EEC on misleading advertising. It is the highest-level meeting on competition and consumer protection at the multilateral level and an opportunity for the global community to continue advancing the welfare of consumers in open markets, leaving no one behind. Already registered? Generally, consumers have the right to bring an action for damages before civil courts in cases relating to unfair terms, defective products or consumer contracts provisions (on-premises, distance and off-premises contracts and other consumer protections). 3.12 Is there a right to a stand-alone action and follow on right of action within consumer law? In order to assess whether a commercial practice might be considered misleading or aggressive, the ICA focuses its analysis on whether the practice is in line with the professional diligence typically required, and the effects on the average consumer’s economic behaviour, having regard to the product/service which is the object of the commercial conduct. 2.7 Describe at least two examples of public or private enforcement of these protections in the last five years, including the conduct/alleged conduct, result and penalties imposed. If the opinion of a regulatory authority is necessary, the term is extended to 150 days, whereas if the party has its seat/registered office outside Italy, the terms mentioned above are extended to 180 and 210 days respectively. 2) Act 2020. The ICA can order the trader to interrupt the practice and can impose fines of up to EUR 5 million for each unfair commercial practice at issue. Distance and off-premises contracts. The various Ministries apply sectoral regulations concerning product quality on the basis of their specific competences. The Consumer Code for New Homes is a mandatory Code for members which has been established to ensure that best practice is followed by registered Developers in respect of the marketing, selling and purchasing of New Homes, and also sets expected standards for after sales customer care service. There are no specific formal requirements to submit a complaint, but it is important to describe facts as precisely as possible, including any supporting documentation. Other consumer protections. In case of defective products, Section 125 of the Consumer Code provides that the right to bring an action for damages can be exercised only within three years from the day the consumer had knowledge or should have had knowledge of the damage. In general, according to Section 2946 of the Civil Code, action for damages arising from contracts can be brought within 10 years from the infringement. Misleading practices are sanctioned with monetary fines (up to EUR 5 million). Where producers and/or distributors know or ought to know that a product that they have placed on the market poses hazards to consumers which are incompatible with general safety requirements, they are required to notify the competent authorities immediately, specifying the actions taken to prevent risk to consumers (Section 107 of the Code). Under Section 27 of the Code, the ICA may launch an investigation ex officio or following a complaint. Unfair terms. 31 of Proposition 24.) Rule Effective Date: January 28, 2020 The Department is amending title 6 of the Rules of the City of New York to clarify that mobile car wash services are subject to the license requirement for operating a car wash service. As regards the rules that only safe products are put on the market, it is presumed that products bearing the CE marking will normally meet EU health, safety, and environmental standards. BUREAU OF CONSUMER FINANCIAL PROTECTION . 1.2 What is the definition of “consumer” (i.e., who does consumer protection law protect)? Part II, Title III, of the Code prohibits traders from carrying out unfair commercial practices, which means any act, omission, course of conduct or representation, or commercial communication including advertising and marketing by a trader directly connected with the promotion, sale or supply of a product to consumers (Section 18(1)(d) of the Code). Distance or off-premises contracts. McAfee Total Protection is easy to use, works for Mac, PC & mobile devices & is your best bet to stay safer online. 2.2 Please outline the substantive tests for these protections. All goods and services are covered by the protections. 2.9 Please outline the substantive tests for these protections. A “producer” is the manufacturer of the product in the EU and any other person(s) presenting themselves as the manufacturer by placing a name, trademark or other distinguishing mark on the product. CFPB-2020-0021] RIN 3170-AA98 . There is no standalone or follow-on right of action in relation to unfair commercial practices, as in antitrust cases. The investigation phase shall start within 180 days from the receipt of a complaint, and should be concluded within 120 days of the communication of the decision to open the proceedings to the party concerned (150 days in cases where the proceedings concern unfair terms). 145 of 2 August 2007). Proceedings concerning the assessment of unfair terms and, in general, the legality of consumer contracts follow the same procedure (with few exceptions, e.g. Pursuant to Section 36 of the Consumer Code, unfair terms shall be void, while the remaining part of the contract remains valid. Other consumer protections. 12 CFR Part 1006 [Docket No. Consumer Protection Code 2012 (revised) Chapter 3 General requirements (effective from 31 March 2020) Consumer Protection (Price and Supplies Control) (Amendment of Schedule) No.79 Regulations 2020; Consumer Protection (Consumer Goods) (Maximum Mark-up) (Amendment No.2) No. With regards to misleading practices, please see the answer to question 2.18. For an unsafe product already placed on the market for which the action already taken by producers and distributors is unsatisfactory or insufficient, the competent authorities can order a recall or organise an effective and immediate seizure and withdrawal from the market of the unsafe product. The provisions of the Consumer Protection Code came into effect on 01 July 2007. Operative January 1, 2023, pursuant to Sec. Consumer Protection Code. AGENCY: Bureau of Consumer Financial Protection. Once the commitments are made legally binding, the ICA may automatically reopen the investigation if: (i) the trader has not implemented the commitments; (ii) the underlying facts that lead to the acceptance of the commitments have changed; or (iii) the decision making the commitments binding is based on incomplete, incorrect or misleading information provided by the parties. these initial questions ..... 4 Step 1: Ask is solar . its availability, benefits, risks, execution, composition, accessories, aftersales assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, geographical or commercial origin or the results to be expected from its use, etc.). The ICA has administrative enforcement powers. Nigerian Electricity Regulatory Commission (“NERC”): The Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Licensed Moneylenders) Regulations 2020 will replace the General Principles of the Consumer Protection Code for Licensed Moneylenders from 1 January 2021. ..... 5 Step 2: Understand Pending the investigation, the ICA can order the interim suspension of the practice as a matter of urgency. Part IV of the Code specifically concerns measures addressing the safety of products (other than food products) to be put on the market. Similar remedies are provided by Section 8, paragraph 9 of Legislative Decree No. CFPB-2020-0028] RIN 3170-AA98 . Pursuant to Section 102(6) of the Code, the provisions in Part IV, Title I of the Code apply to all products other than food products pursuant to Parliament and Council Regulation No. h�bbd```b``�kA$�5X�#�] "A$�?�]���6`7��D�,��* Rm*�d�{��
$�>f`bd�� �G�?��/ K%G
Food products (which fall outside the scope of Part IV, Title I of the Code) must be compliant with relevant EU regulations (e.g. 12 CFR Part 1026 [Docket No. As noted, the Code prohibits misleading commercial practices that may induce consumers to take a transactional decision that would have not been taken otherwise, e.g., in relation to the product characteristics and the risks involved in its use. (x) “Verify” means to determine that the consumer making a request to know or request to delete is the consumer about whom the business has collected information, or if that consumer is less than 13 years of age, the consumer’s parent or legal guardian. 2.1 Please describe any protections regarding the quality and function of goods and services acquired by consumers. Normally, a one-off conduct that is not widespread would unlikely be considered a “practice”. Protections/prohibitions in relation to the safety of goods and services. BUREAU OF CONSUMER FINANCIAL PROTECTION . 3.8 Are the consumer protection authority(ies) bound by a time limit to commence proceedings on breaches? Consumers’ rights are safeguarded by provisions in the Italian Civil Code and in Legislative Decree No. It shall be assessed whether the contract disregards the safeguards and actually imposes the additional burdens/costs on the consumer, either directly or indirectly. 2.25 List at least two examples of public or private enforcement of these protections in the last five years, including the breach/alleged breach, result and penalties imposed. The assessment as to the whether a product is unsafe is made on a case-by-case basis. 2.6 Who has or which agencies have standing to initiate proceedings for a breach? As a result of Legislative Decree No. Yes, except in the event of serious misleading commercial practice. The competent authorities can prevent dangerous products from being commercialised, or order a ban or recall if the product is already on the market. Furthermore, it provides that producers or distributors attempting to mislead consumers through the programmed obsolescence may be liable to imprisonment for up to two years, and a fine of EUR 300,000. no fines are imposed in the event of unfair terms). Normally, unfair commercial practices are subject to monetary fines (see answer to question 2.19 below). Safe products shall mean any product which, under normal or reasonably foreseeable conditions of use including duration, and, where applicable, installation and maintenance, does not present any risk or only the minimum risks compatible with the product’s use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons. Brochure. If a commercial practice is not a priority, it may use advocacy or moral suasion powers that are somewhat less demanding in terms of resources and effort. In principle, the ICA may (under certain circumstances) close proceedings by accepting the commitments proposed by the trader, provided they are considered suitable to solve the original concerns. 31 of 12 April 2019 sets out certain provisions aimed at modifying. 2.20 List at least two examples of public or private enforcement of the protections relating to Conduct in the last five years, including the breach/alleged breach, result and penalties imposed. 3.9 Describe the enforcement powers/tools available to these bodies (civil, administrative, criminal). endstream
endobj
startxref
We were delighted to see when the published Chapter in the ICLG resulted in new clients contacting our firm and engaging our services. Section 47 of the Consumer Code provides a list of contracts that do not fall within the rules concerning on-premises contracts. Emergency Legislation. It shall be assessed whether the consumer has been provided with all the relevant information and the possibility to exercise the right of withdrawal. Pursuant to Section 20, paragraph 3 of the Code, the common advertising practice consisting of exaggerated statements or statements which are not intended to be taken literally cannot be considered misleading. 29/2005. On April 10, 2020, the Council for the District of Columbia passed the emergency Act 23-286, the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (“Emergency Act”) which aims to help DC residents deal with the fallout from the coronavirus … That was beyond our expectations in terms of expected visibility and fast results related to our business.Alexander Uros Kosenina - Rojs, Peljhan, Prelesnik & partners, © 2002-2021 Copyright: ICLG.com | Our Privacy, Unlock 3 FREE PDF chapters by registering with us FREE Prohibitions relating to “conduct” against consumers. Full Delaware Landlord Tenant Code. As regards the payment of the fine, if any, the court can make the suspension of the payment conditional upon the provision of a guarantee. Fraud & Consumer Protection Division Landlord Tenant Code. Pursuant to Section 104 of the Code, producers may only put safe products on the market. 12 CFR Part 1005 [Docket No. Additional fines can be imposed in case of non-compliance. %%EOF
BILLING CODE: 4810-AM-P . BUREAU OF CONSUMER FINANCIAL PROTECTION . 2.16 Please describe any protections/prohibitions relating to the conduct of persons or businesses (e.g., manufacturers/retailers) which sell or supply goods and services (“Conduct”) to consumers. If so, please describe these prohibitions/protections. On-premises contracts. 2.24 What remedies are available for a breach of these protections? In practice, a Case Team is tasked with the role of instructing the investigation and bringing evidence before the ICA’s Board of Commissioners. h�b```�u,��@��Y8000`-BKD�Y��^��d5a\6!�@"��{cڅ�2�l�W��"=����'!�Ab���� �g�.�,z��!u�����w�?�K4�g�쑜����� )Bz'c��bѬ��-��Ȑ9n�W. Legislative History (LIMS) Law 23-93, the “Games of Skill Consumer Protection Temporary Amendment Act of 2020,” was introduced in the Council and assigned Bill No. ACTION: Final rule; official interpretation. Administrative Code Chapter Affected: Ch. BILLING CODE: 4810-AM-P . In force - Superseded Version. Sections 3(a) and 18(1)(a) of the Code define “consumer or user” as the natural person acting for purposes other than trade, business, craft or profession. After the hearing the court issues its judgment. See also the answer to question 2.16 below. 23-591 which was retained by the Council. It can also order the trader to publish the decision and to adopt all the necessary adjustments/remedies. 145 of 2007, in case of misleading and comparative advertising. This term is extended by 30 days if the trader has its registered office outside Italy but within the European Union and by 90 days if the trader has its registered office outside the European Union. Section 47 of the Consumer Code provides a list of contracts that do not fall within the rules concerning distance and off-premises contracts and Section 59 of the Consumer Code provides a list of cases in which the right of withdrawal is excluded; for instance, in the event of customised products, products with risk of deterioration, products whose value depends on fluctuations of the market, etc. Qualified Mortgage Definition under the Truth in Lending Act (Regulation Z): General 2.8 Please describe any protections regarding the safety of goods and services acquired by consumers. ex officio, whistleblower or complaint)? 2.23 Are there any exceptions/exemptions? The MISE can order the recall of unsafe products that are already placed on the market (see answer to question 2.8) or the withdrawal of unsafe products before they are placed on the market. Defend yourself and the entire family against the latest virus, malware, ransomware and spyware threats while staying on top of … "The Consumer Protection Code is supposed to be the document that protects consumers from being treated unfairly by financial services firms, and … The MISE manages the RAPEX system (Rapid Alert System – Non-Food) and may order the recall and withdrawal of unsafe and risky products. Manufacturers and distributors must comply with the provisions of the Code concerning product quality and safety (Part IV). The bill prohibits the producer from manufacturing products which are subject to the planned obsolescence and aims at increasing the standard warranty period from two years to five years for small appliances and 10 years for big appliances. Designated dollar amounts in the Consumer Protection Code are subject If the ICA finds that the terms included in contracts between traders and consumers concluded by adhering to general terms and conditions or by signing forms or templates are unfair, it will order that the amended terms are published on the trader’s websites. The addressee of the decision can appeal it before the administrative courts. 2006/2004, the Italian Competition Authority (“ICA”) is responsible for enforcement of the Code in relation to unfair business-to-consumer practices carried out before, during and after a commercial transaction. Moreover, terms that have been individually negotiated between the parties cannot be considered unfair, except those excluding or limiting the trader’s liability in case of a consumer’s death/damages caused by an action/omission of the trader, or excluding or limiting the consumer’s actions or rights against the trader in the event of non-performance or incorrect performance by the latter or, finally, providing for the consumer’s acceptance of terms that he has never acknowledged before entering into the contract. GUIDANCE ON THE DEBT COLLECTION PROVISIONS OF THE COVID-19 RESPONSE SUPPLEMENTAL EMERGENCY AMENDMENT ACT OF 2020. Italy Act No. ... Papers should be submitted by 18 September 2020 to the contacts provided below. Pursuant to Section 37-1-109, designated dollar amounts in the Consumer Protection Code are subject to change on July 1 of every even-numbered year based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI). 3.3 Describe any complaints procedure for (i) consumers, and (ii) businesses. See further in the answer to question 2.16 below. covers common issues in consumer protection laws and regulations, including substantive provisions, enforcement action, remedies and anticipated reforms, in 23 jurisdictions. BILLING CODE: 4810-AM-P . Pursuant to Section 21 of the Code, a commercial practice is misleading if it contains false information and is therefore untruthful or in any way deceives or is likely to deceive the average consumer, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise. Sections 49–59 of the Consumer Code provide for specific safeguards for the consumer who has entered into distance or off-premises contracts, notably concerning mandatory pre-contractual information, formal requirements of the contract and the right of withdrawal without cause at no cost. 80 Regulations 2020; Consumer Protection (Control of Fairs) Regulations 2016 updated as at May 2016; Consumer Protection (Control of Fairs) (Amendment) No 110 Regulations 2016 On 3 March 2017, the Ministry of Health ordered a prohibition on national sale, and withdrawal and recall from the market, of flying lanterns imported from China because of the presence of asbestos. CFPB-2020-0020] RIN 3170-AA98 . Please see the answer to question 2.18 below. After mayoral review, it was assigned Act No. 1 . The competent authorities will also notify the RAPEX system for an EU-wide recall.
There are no applicable exceptions. If the trader does not comply, the ICA can impose a fine of up to EUR 50,000 (Section 37-bis of the Consumer Code). In May 2017, the ICA assessed that WhatsApp Inc. applied certain unfair contractual terms infringing Section 33 of the Code to its contractual relationship with consumers. 3.13 Is there a statute of limitations for bringing stand-alone or follow on right of actions? 2.17 Please outline the substantive tests for the above-mentioned protections/prohibitions. ATCP 22 (Revised) Related to: Hemp and affecting small businesses. However, under Section 140-bis of the Consumer Code, it is possible to bring a class action to assess the trader’s liability and ask for damages and repayment. 3.11 Describe the relevant rules and procedures that must be followed by such bodies (e.g. Unfair clauses. Describe the key steps in a typical investigation. , No. The ICA will submit its defence within 30 days of the notification of the appeal. On-premises contracts. The NCC issued the General Consumer Code of Practice, 2018, and the Consumer Code of Practice Regulations, 2007, which have detailed provisions on protection of the rights and interest of communication services consumers. Micro-enterprises are also safeguarded against misleading advertising pursuant to Legislative Decree No. Section 1341 of the Civil Code and Sections 33–38 of the Consumer Code provide that unfair terms in consumer contracts shall be null and void. Regulation (EC) No. 0
In case of a criminal offence, the competent authority is the Criminal Court and its decisions may be appealed before the Criminal Court of Appeal. 1.1 What legislation, regulations and guidelines are relevant to consumer protection in your jurisdiction? The ICA normally has to deal with stretched resources and has to set enforcement priorities. National Consumer Credit Protection Act 2009. In December 2019, the ICA fined both Wind Tre and Vodafone EUR 5 million in connection with their promotion of “personalised” win-back offers for mobile services, sent by text messages, without informing consumers of the various services and/or options that would be activated in addition to the main offer, with additional costs, and therefore without their prior and express consent. OVERVIEW . 1 . Resources. The rule sets specific application requirements for mobile car wash services as well as o… These terms can be extended by up to a maximum of 60 days if necessary, taking into account the complexity of the investigation or in case the trader submits commitments. Unfair terms. If the product can be made compliant with safety requirements, the authorities may order that the manufacturer meets safety requirements before the product can be further commercialised. (5) That a consumer has the right to request the specific pieces of personal information the business has collected about that consumer. 2.4 Are there any exceptions to these protections? The information provided by Facebook was too generic and incomplete, and did not adequately make a distinction between the use of data to personalise the service and the use of data to conceive targeted advertising campaigns. A “trader” is any natural or legal person who is acting for purposes related to their trade, business, craft or profession, and anyone acting in the name of or on behalf of a trader (Section 18(1)(b) of the Code). In January 2020, the ICA imposed a EUR 5 million fine on ENI in relation to an illegal claim that its Diesel+ fuel allegedly contributed to reducing greenhouse emissions, and that the “green diesel” label for a highly polluting product was misleading in relation to the environmental impact and the characteristics of ENI’s diesel. § 64.1200(a)(1)(iv). Consumers will then be informed about the risks presented by the unsafe product, with the cost met by the producer. Therefore, the traders have to immediately refrain from further carrying out the concerned conduct and must pay the imposed fine. Misleading practices also include misleading and/or comparative advertising (Legislative Decree No. All traders must comply with the rules of the Code concerning unfair business-to-consumer (or micro-enterprises) commercial practices (see answer to question 2.16). Decisions issued by the ICA may be challenged before the administrative courts, notably the TAR (Latium) at first instance and before the Council of State at second instance. Non-compliance or delays to report are punished with an administrative fine between EUR 1,500 and EUR 30,000 (Section 112 of the Code). View Series. Log in 3.6 Can investigations be resolved by way of commitments or undertakings? 134 of 2009 as amended, taking into account amendments up to Treasury Laws Amendment (2018 Measures No. The Consumer Protection Code is a set of rules and principles that all regulated financial services firms must follow when providing financial products and services to consumers. The Italian Parliament is currently considering a bill providing some amendments to the Consumer Code in order to implement specific rules imposing fines for so-called planned obsolescence, namely the set of techniques and technologies by which the manufacturer, in the design of consumer goods, deliberately shortens the life or potential use of those goods in order to increase its replacement rate. On-premises contracts – Distance and off-premises contracts – Other consumer protections. 2785 0 obj
<>
endobj
1.3 Who is/which entities are required to comply with consumer protection law? If so, provide examples where such penalties have been imposed. Debt Collection Practices (Regulation F) Following the submission of the commitments (within 45 days from the launch of the proceedings), the ICA may: (i) accept the commitments, making them binding, and therefore close the proceedings without making a finding on the infringement; (ii) grant a deadline to have the commitments improved; or (iii) reject the commitments that are deemed unsuitable to meet the concerns raised, or if the practice is manifestly unlawful and serious. Purchase our trustworthy antivirus software now! INDUSTRY CODE Consumer Protection Code | 2020 v PART 3 PROTECTION OF FRANCHISE CUSTOMERS 22 Part 3.1 STANDARD CUSTOMER CONTRACTS 22 Application 22 17 Standard customer contract provisions 22 17.1 Obligations under the Utilities Act 22 17.2 Provisions to be contained in standard customer contracts 22 Italy. 25411 of 1 April 2015 – Regulation on Investigation Procedures Concerning Consumer’s Protection. CHANGES IN DOLLAR AMOUNTS . With regards to misleading practices, see the answer to question 2.17. Pursuant to Section 2947 of the Civil Code, action for damages deriving from non-contractual liability can be brought within five years from the event. Moreover, the Ministry of Economic Development (“MISE”) is responsible for consumer protection policies and its local offices are tasked with monitoring compliance of the rules and enforcement powers, notably with regards to the general rules of the Code concerning product quality and safety. This chapter sets out enforcement of the Code rules by the ICA in relation to business-to-consumer commercial practices, but does not consider the rules on contracts entered into by consumers, which, pursuant to article 1469-bis of the Italian Civil Code, are governed by the general provisions of the Italian Civil Code (Title II), unless amended by the specific consumer protection rules introduced in Italy by the Code, or by other rules that are more favourable to the consumer.