Legal Literature

  • Legal Literature Details
    • Member State: Ireland
    • Title: The Consumer Protection Act 2007: Rationalising the regulation of misleading commercial practices in Ireland – Part I and Part II
    • Subtitle:
    • Type:
    • URL:
    • Author: N. REILLY
    • Reference: (2008) 15(6) CPL 127 Commercial Law Practitioner and (2008) 15(7) CPL 157 Commercial Law Practitioner
    • Publication Year: 2008
    • Keywords: consumer rights, enforcement, misleading actions, misleading commercial practices
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 3. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1. Unfair Commercial Practices Directive, Annex I
  • Headnote
    This article focuses on the regulation of actively misleading commercial practices, and argues that the introduction of the Irish Consumer Protection Act has rationalised the regulation of misleading consumer practices by updating penalties and providing the National Consumer Agency with effective tools.  The article argues that the Irish Consumer Protection Act takes an effects-based approach to misleading commercial practices (i.e., what is the effect of such practices?), which is an improvement on what the author considers to be an inconsistent historical legal framework for regulating such conduct.

    In part II of the article, the author focuses on specific examples of how the new regime improves the old law.

     
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