Consumer Redress in the United States

THE TRANSFORMATION OF CONSUMER DISPUTE RESOLUTION IN THE EUROPEAN UNION: A RENEWED APPROACH TO CONSUMER PROTECTION, ___ (Oxford Univ. Press, 2016, Forthcoming)

U of Colorado Law Legal Studies Research Paper No. 15-16

33 Pages Posted: 26 Nov 2015

See all articles by Amy J. Schmitz

Amy J. Schmitz

University of Missouri School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: November 25, 2015

Abstract

This chapter provides a snapshot of consumer redress processes in the United States (“U.S.”), and suggests policy reforms building on advances in the European Union (“E.U.”). The U.S. traditionally has been distinct in its allowance for class relief and other judicial action as the primary means for consumers to pursue remedies in B2C transactions. However, these traditional American remedies processes have diminished due to the strict enforcement of pre-dispute arbitration clauses and other restrictions on class actions in the U.S. Furthermore, U.S. small claims court and credit card chargeback procedures are limited and outdated, while emerging online complaint and dispute resolution processes remain largely unregulated. This leaves many consumers without meaningful access to remedies when they experience purchase problems. Accordingly, the chapter will suggest ideas for regulatory reforms building on the E.U. model for ODR aimed to expand consumers’ access to remedies with respect to their small dollar claims.

Keywords: Arbitration,ADR,ODR,Consumer Redress,Complaint Handling,Small Claims Key,contracts,consumer protection,dispute resolution,law and society,remedies,e-contracts,sales,consumer contracts,e-Commerce,ADR,ODR,online dispute resolution,international law,UNCITRAL,international dispute resolution

JEL Classification: K12, K40, K41, K00, K29, K20, K30, K10, K39, P45, P46, O31

Suggested Citation

Schmitz, Amy J., Consumer Redress in the United States (November 25, 2015). THE TRANSFORMATION OF CONSUMER DISPUTE RESOLUTION IN THE EUROPEAN UNION: A RENEWED APPROACH TO CONSUMER PROTECTION, ___ (Oxford Univ. Press, 2016, Forthcoming); U of Colorado Law Legal Studies Research Paper No. 15-16. Available at SSRN: https://ssrn.com/abstract=2695575

Amy J. Schmitz (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States
573-882-5969 (Phone)

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