Keywords
consumers, claims, collective consumer interest, pursuing claims for an infringement of prohibited practices violating collective consumer interests, damage
Abstract
Consumers participate in business transactions. A review and analysis of consumer legislation shows that they enjoy a number of rights in their relationships with professionals (entrepreneurs). The legislator (national and EU) consistently seeks to enhance the protection of consumer's rights, which in turn leads to a gradual expansion of the duties placed on entrepreneurs towards consumers. An example of the above can be found in the Polish Consumer Rights Act of 30 May 2014. Nevertheless, considering the economic interest of consumers, it is essential to ensure effective instruments for the enforcement of the guaranteed rights. Lengthy proceedings, evidence collection difficulties, small value claims, high litigation fees are just some of the barriers that prevent consumers from seeking redress. The above obstacles contribute to consumers’ low level of interest in pursuing claims individually in civil proceedings. Class actions were intended by the legislator to become an alternative to solo civil claims. The paper’s aim is to identify the barriers that may restrict group litigation and affect the effectiveness of claim enforcement by consumers. However, irrespective of their existence, if only the circumstances of the case speak for collective redress, a class action will be a more effective way to protect the interests of numerous consumers than an individual civil lawsuit, regardless of its duration.
Recommended Citation
Sieradzka, M. (2014). Impediments to the effective enforcement of consumer claims in class actions for infringements of prohibited practices violating collective consumer interests. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(4), 68-78. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss4/5
First Page
68
Last Page
78
Page Count
10
Publisher
University of Warsaw
