Consumer Rights Directive 2011

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The UK government held a consultation in 2012.[10][11] The new laws overhaul a number of consumer protection measures originally enacted long before the rise of internet shopping[12][13] and fit together with a number of other changes[14] to form a new Consumer Bill of Rights replacing more than a dozen older, often overlapping and inconsistent laws.[15] Outdated Spanish mortgage laws have already been shown to be in breach of the new rules and must conform.[16]

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See also

Notes
  1. "Directive 2011/83/EU on Consumer Rights" (PDF). European Union. 22 November 2011. Retrieved 25 February 2013.
  2. "Online shoppers to receive more help from new EU rules". BBC News. BBC. 23 June 2011. Retrieved 25 March 2013.
  3. "New proposals announced on consumer rights across Europe". Department for Business, Innovation & Skills. 18 August 2012. Retrieved 25 February 2013.
  4. OutLaw (August 2011). "The new Consumer Rights Directive". Pinsent Masons LLP. Retrieved 25 March 2013.
  5. "Implementing the Consumer Rights Directive 2011/83/EU". Department for Business, Innovation & Skills. 18 January 2013. Retrieved 25 March 2013.
  6. "How are the upcoming changes to consumer rights going to affect retailers?". Retail Week. EMAP Publishing Limited. 22 March 2013. Retrieved 25 March 2013.
  7. "ABTA Opposes Extension of Consumer Rights Directive to Cover Package Travel and Timeshare Markets". ABTA. 1 November 2012. Retrieved 25 March 2013.
  8. LoveMoney (25 February 2013). "ICSS: this premium rate number rip-off will cost you a fortune". AOL Money. AOL (UK) Limited. Retrieved 25 March 2013.
  9. "Government to ban 'rip-off' card surcharges". Which?. Consumers' Association. 23 December 2011. Retrieved 25 February 2013.
  10. "New proposals on consumer rights across Europe". Department for Business, Innovation & Skills. 20 August 2012. Retrieved 25 March 2013.
  11. "Consultation on the implementation of the Consumer Rights Directive 2011/83/EU". OFT Responses. Office of Fair Trading. 8 November 2012. Archived from the original on 9 April 2013. Retrieved 25 March 2013.
  12. Moore, Elaine (18 August 2012). "Consumer protection laws to be overhauled". Financial Times. London: The Financial Times Ltd. Retrieved 25 March 2013.
  13. D'Italia, Stella (1 November 2012). "Implementing the Consumer Rights Directive" (PDF). Which?. Consumers' Association. Retrieved 25 March 2013.
  14. Burch, Lara (8 March 2013). "Regulatory Timeline 2013–2014: Consumer Protection". Osborne Clarke. Retrieved 25 March 2013.
  15. Conway, Lorraine (21 March 2013). "Proposed consumer Bill of Rights". Commons Library Standard Note. Parliament UK. Retrieved 25 March 2013.
  16. "Spain to comply with EU ruling on mortages (sic) and evictions". Deutsche Welle. 14 March 2013. Retrieved 25 March 2013.

References
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