Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic

COVID-19- Consumer Law Research Group, 'Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic' (2020) 43(3) Journal of Consumer Policy 437.

U. of Adelaide Law Research Paper No. 2020-121

21 Pages Posted: 27 Aug 2020

Date Written: August 19, 2020

Abstract

An unprecedented number of consumer problems has been caused by the COVID-19 pandemic, not least with regard to refunds of prepayments and the ability of consumers to keep up their monthly payments under loan and rental agreements. Based on a notion of societal force majeure sketched in this paper, we propose guiding principles in respect of the introduction of moratoria on recurring payments, the use of refunds or vouchers in respect of prepayments, and associated enforcement challenges. This analysis draws on experiences around the globe.

Keywords: Consumer law, COVID-19, moratoria, refunds, guiding principle

JEL Classification: K10

Suggested Citation

Giancaspro, Mark, Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic (August 19, 2020). COVID-19- Consumer Law Research Group, 'Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic' (2020) 43(3) Journal of Consumer Policy 437., U. of Adelaide Law Research Paper No. 2020-121, Available at SSRN: https://ssrn.com/abstract=3677581

Mark Giancaspro (Contact Author)

Adelaide Law School ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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