Development of consumer protection law over the past 25 years. dr. Krisztina Grimm 11 November 2015
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1 Development of consumer protection law over the past 25 years dr. Krisztina Grimm 11 November 2015
2 The frame 1. Consumer protection: legal environment in GVH: finding a role in the consumer protection enforcement regime 3. Enforcement 4. Consumer protection law in 2016
3 Consumer protection: legal environment in 1990 In Hungary Competition Act of 1990 (prohibition of unfair competition, misleading of the consumers) lack of general consumer protection or advertising act On EU level different national laws, national enforcement systems specific regulations
4 GVH: finding a role in the consumer protection enforcement regime Underlying concept: the protection of the decisionmaking of the consumer entails the protection of effective competition Competition itself won t force market players to exploit the biases/misperceptions
5 GVH: finding a role in the consumer protection enforcement regime Effect on competition required Taking actions both on the demand and the supply side Fields of activities: investigations, competition advocacy and competition culture development
6 GVH: finding a role in the consumer protection enforcement regime Investigations based on Competition Acts Acts on Advertising UCP Act sectoral regulations Major changes in the regulation on 1 September 2008 with the implementation of the UCP Directive (UCP Act)
7 GVH: finding a role in the consumer protection enforcement regime Competencies shared since 2008 but all cases covered Unfair manipulation/ misleading advertising B2B Comparative advertising B2B/B2C Substantial effect on competition B2C Lack of substantial effect B2C Financial sector GVH GVH GVH Hungarian National Bank Other sectors GVH GVH GVH Consumer protection supervision
8 GVH: finding a role in the consumer protection enforcement regime Organisation and cooperations 2004: Consumer Protection Department 2007: CPCN (VJ/64/2013) 2010: Customer Service Department 2014: 5 Competition Affairs Advisory Offices continously: growing number of cooperation agreements, international cooperations (ICPEN, OECD, UNCTAD)
9 Consumer protection enforcement Market trends and recurring problems 1991 pepper of Kalocsa, weight loss product 1992 chance to win, home shopping 1995 time-share contract 1998 mobile phone services 1999 health claims 2000 buyer s groups, supermarket promotions 2005 cheap airline tickets, mortgages 2007 combined savings, costs of credit cards, effect of cosmetics 2008 car insurance (KGFB) costs, healing of cancer 2009 CDO bonds, bait advertising 2010 Hungarian products comparative advertising, fuel saving, quick credit, advertising to children, travel costs, misleading invoices
10 Consumer protection enforcement Consumer average consumer (VJ/44/2013 OTP Bank, credit card) vulnerable consumer (VJ/34/2013 Foodorgany, health claim) average business partner (VJ/53/2014 Cleaner Pack, office supply) consumer learns about the product (78/2012 Telenor, 2-year contracts) Blacklist stock not available, bait advertising (VJ/8/2014 ALDI, printer) health claim, Regulation 1169/2011/EC (VJ/34/2013 Foodorgany, health claim)
11 Consumer protection enforcement Professional diligence control system fails (VJ/18/2012 Penny, Hungarian products) Comparative advertising price comparison (VJ/65/2013 AUCHAN, supermarket) the fastest (VJ/77/2013, Vodafone, mobile net) Online practices car insurance (VJ/75/2013 Netrisk, website) flight ticket (VJ/94/2012 Ryanair, website) pyramide scheme on facebook, e-dm (VJ/74/2012 MKK)
12 Consumer protection enforcement Sanctions fine - until HUF (appr EUR) NEW NOTICE ISSUED commitment (VJ/75/2012 Teva, VJ/84/2014 L Oreal) educational campaign, repayment, etc. warning new tool since 2015 against SME s Further investigations investigations against all market players, over 10 banks misleading information about credit card costs
13 Consumer protection enforcement Further actions representative action unfair contract terms of online advertising website (VJ/122/2010) prosecute for unfair commercial practices sectoral inquiry retail banking, possibility of bank switching for consumers (2009) recommendations: new regulation, online comparision platform EU sweep - online credits, GVH checked websites in cooperation (2011)
14 Consumer protection enforcement Competiton Advocacy regulation of the activities of buyer s groups Campaigns for education every 4th Hungarian consumer functional illiterate (OECD) for consumer: (2012), Gondolja végig higgadtan (2015) complainance campaign for SME s (2014)
15 Future aspects More detailed regulation More complex enforcement system More possibilities Need for streamlining, effective enforcement Further cooperation and development based on all the experiences collected in 25 years
16 Thank you for your attention!
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