Consumer Law: Rights and Regulation 2nd ed (eBook)

The new edition of Consumer Law: Rights and Regulation provides a comprehensive and definitive analysis of this fast-moving area of law and regulation. It is substantially rewritten from the first edition to reflect the wide-ranging legal changes that have occurred since this was published.

The second edition:

• Provides a comprehensive reference that provides detailed Irish and EU coverage.
• Features all up-to-date and important case-law and legislation.
• Identifies public enforcement mechanisms and operations and presents ongoing enforcement challenges, especially in the cross-border context.
• Offers an in-depth exploration of the policy basis for consumer protection.
• Remains future-focussed, including discussion of directives which are due for transposition as well as key EU
• legislative consumer protection initiatives.

New content in this second edition includes:

• Detailed analysis of the Consumer Rights Act 2022
• Analysis of the impact of digitalisation and sustainability on consumer protection law and policy
• Up-to-date analysis of caselaw and developments in respect of unfair terms and unfair commercial practices
• Detailed analysis of extensive legislation in financial services consumer protection, including amendments to the Consumer Credit Act 1995 and the Consumer Insurance Contracts Act 2019 as well as the new Consumer Protection Code which comes into force in 2026
• Examination of collective redress, including an evaluation of the Representative Actions Act 2023
• Detailed analysis of caselaw under the Financial Services and Pensions Ombudsman Act 2017

A substantial amount of Irish consumer protection legislation has been introduced since the previous edition was published in 2014. Among the most significant legislation is:

• Consumer Insurance Contracts Act 2019
• Consumer Rights Act 2022
• Consumer Credit (Amendment) Act 2022
• Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Consumer Protection) Regulations 2025

A significant body of EU legislation has been enacted, some of which is still in the process of transposition. Important EU measures include:

• Directive (EU) 2019/770 on certain contracts for the supply of digital content and digital services
• Directive (EU) 2019/771 on certain aspects concerning contacts for the sale of goods
• Directive (EU) 2019/2161 on better enforcement and modernisation of Union consumer law
• Directive (EU) 2020/1828 on representative actions
• Directive (EU) 2023/2225 on credit agreements for consumers
• Directive (EU) 2024/825 on empowering consumers for the green transition
• Directive (EU) 2024/1799 on common rules promoting the repair of goods
• Directive (EU) 2024/2853 on liability for defective products

The EU remains highly active in consumer law reform and proposals have either been published or are forthcoming in respect of:

• Digital Fairness
• Green Claims
• Payment Services
• Alternative Dispute Resolution
• Enhanced Cross-border enforcement

  Significant bodies of Irish and European consumer case law have emerged including in relation to distance sales; unfair terms; consumer credit; the Financial Services and Pensions Ombudsman; unfair commercial practices.