Information Obligations and Disinformation of Consumers: Irish Law Report

Kelly, Cliona

doi:10.1007/978-3-030-18054-6_10

Cliona Kelly¹³

Part of the book series: Ius Comparatum - Global Studies in Comparative Law ((GSCL,volume 33))

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Abstract

Ireland’s consumer protection framework is heavily influenced by both the European Union and the United Kingdom, but also contains certain unique features which are domestic in origin. This chapter demonstrates how a complex layering of laws interact to counteract the information deficit faced by consumers on a daily basis, be that when buying a loaf of bread in the supermarket or taking out a mortgage with a financial service provider. Often common law doctrines which are not obviously designed with consumer information rights in mind—such as the rules on misrepresentation or passing off—can be utilised to provide protection in individual cases, and can have a moderate impact on the overall consumer experience. However, much of the protection in this area comes from the monitoring and enforcement techniques of actors such as the Competition and Consumer Protection Commission, the Commission for Communications Regulation and the Central Bank and Financial Services Authority of Ireland. There is also an increasing appreciation of the limits of the information provision model and of the possibility of developing alternative models of consumer protection, for example in the design of consumer financial products and the incorporation of suitability tests for financial consumers.

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Notes

1.
Donnelly and White (2014), p. 2.
2.
Donnelly and White (2006), pp. 29–30.
3.
See the criticism in Kelly (2013).
4.
Donnelly and White (2014), p. 27, referring to the OECD Report Regulatory Reform in Ireland (2001).
5.
Report of the Governor of the Central Bank The Irish Banking Crisis: Regulatory and Financial Stability Policy: 2003 – 2008 (2010), p. 43, cited in Donnelly and White (2014), p. 30.
6.
Consumer Strategy Group, Make Consumers Count: A New Direction for Consumers (2005).
7.
Under the Consumer Protection Act 2007.
8.
Under the Competition and Consumer Protection Act 2014.
9.
Of course it has been pointed out that maximum harmonisation “despite its labelling cannot offer a completely harmonized sphere”: Miller (2011), p. 83.
10.
Directive 2005/29/EC.
11.
Sales Law Review Group Terms of Reference. This is a reference to the original 2008 proposal for a Consumer Rights Directive.
12.
For analysis see Kelly (2018a).
13.
See Written Answer by the Minister for Minister for Jobs, Enterprise and Innovation (Ms Mitchell-O’Connor), 15th December 2016.
14.
Office of Fair Trading v Abbey National Plc [2008] EWHC 875 (UK).
15.
McCambridge Ltd v Joseph Brennan Bakeries [2013] 1 ILRM 369.
16.
Aldi Stores (Ireland) Limited and Aldi GMBH & Co KG v Dunnes Stores [2017] IECA 116, at paras 104 and 105.
17.
McCambridge Ltd v Joseph Brennan Bakeries [2013] 1 ILRM 369.
18.
Ibid.
19.
For example, where a previous statement was made which is now false (See With v OFlanagan [1936] Ch 575 (UK)), where conduct is viewed as making an implied misrepresentation (See Gill v M’Dowell [1903] 2 IR 463), where there is a contractual or fiduciary duty to disclose, or in a contract of insurance.
20.
McCaughey v Irish Bank Resolution Corporation [2013] IESC 17 para.79 (Hardiman J). See also Spencer v Irish Bank Resolution Corporation Limited [2016] IECA 346.
21.
Section 4 of the Sale of Goods Act 1893 provides that contracts with a value of over €12.70 shall not be enforceable unless evidence in writing or by payment/part payment or by delivery/part delivery.
22.
O’Flynn v Balkan Tours Ltd Unreported, High Court, Dec 1 1995, Unreported, Supreme Court, April 7 1997. See however McKenna Best Travel Ltd [1998] 3 IR 57 on the limits of such a duty.
23.
Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011.
24.
Regulation 3(5) and 3(6).
25.
Regulation 5(1). Regulation 5(2) provides that this “does not apply to contracts which involve day-to-day transactions and which are performed immediately at the time of the conclusion of the contract”.
26.
Regulation 5(2).
27.
Regulation 8.
28.
Regulation 7(1)(b); Regulation 10(1)(b).
29.
Regulation 7(2); Regulation 10(2).
30.
Regulation 7(1)(a).
31.
Regulation 7(4); Regulation.
32.
Article 6(7) of the Directive.
33.
Regulation 9.
34.
See for example Regulation 7(8); Regulation 8(5); Regulation 10(10); Regulation 11(6).
35.
Regulation 38(1).
36.
Regulation 16(1).
37.
Regulation 16(2).
38.
Com Reg Information Notice 18/80, 13 September 2018.
39.
Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1988] 1 All ER 348.
40.
Thornton v Shoe Lane Parking [1971] 2 QB 163. See also Spurling v Bradshaw [1956] 1 WLR 461, 466. Approved in Ireland in McCabe Builders (Dublin) Ltd v Sagamu Developments Ltd [2007] IEHC 391.
41.
It can perhaps be contrasted with Regulation 9(2)(b) of the European Communities (Certain Aspects of the Sale of Goods and Associated Guarantees) Regulations 2003, which provides that product guarantees ‘shall set out in plain intelligible language the contents of the guarantee and the essential particulars for making claims under the guarantee”. [Emphasis added].
42.
For example, regulation 6 of the European Communities (Requirements To Indicate Product Prices) Regulation 2002 states that pricing information must be clearly visible and legible to prospective customers.
43.
Discussed below.
44.
Sales Law Review Group (2011) para.13.50.
45.
Ibid., para.13.47.
46.
Department of Jobs, Enterprise and Innovation (2013) para.5.
47.
Regulation No 1169/2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004. In Ireland see the European Union (Provision of Food Information to Consumers) Regulations 2014, S.I. 556/2014.
48.
See Recital 20; Article 7.
49.
Article 9–35.
50.
Article 7(2).
51.
Article 7(1).
52.
Article 36(2).
53.
Article 4, Article 9.
54.
Article 14.
55.
Article 10, as set out in Annex III of the Regulation.
56.
Article 16, 19, 20.
57.
Article 19.
58.
Article 20.
59.
Article 12(1).
60.
Article 12(2).
61.
Article 13(5).
62.
Article 13(1).
63.
Articl3 13(1).
64.
Article 37.
65.
Article 13(2) and 13(3); Annex IV.
66.
Article 15.
67.
Article 21(1)(b).
68.
Article 34(1).
69.
Article 34(2).
70.
Article 35.
71.
See http://www.eatwell.gov.uk/foodlabels/trafficlights/.
72.
Dr Upton Dáil Éireann, Volume 633, 08 March, 2007.
73.
Dr Louise Sullivan, 17 June 2008, Joint Committee on European Scrutiny, Available at www.oireachtas.ie.
74.
See The Irish Times, Oct 8, 2008. “Campaign on Food Labelling Unveiled”. See also www.gdaguide.ie.
75.
Source: www.fdii.ie.
76.
European Union (Provision of Food Information to Consumers) Regulations 2014, S.I. 556/2014.
Regulation 4–15.
77.
Ibid., Regulation 5.
78.
Ibid., Regulations 16, 17.
79.
Ibid., Regulation 25.
80.
Ibid., Regulation 29.
81.
See https://www.fsai.ie/news_centre/food_alerts/recall_rainbow_apricot_kernels.html.
82.
See https://www.fsai.ie/news_centre/press_releases/allergens_03052017.html.
83.
Section 2, Merchandise Marks Act 1887.
84.
Section 2.
85.
Section 3.
86.
Sections 6, 7, 8.
87.
Directive of the European Parliament and Council concerning unfair business-to-consumer practices in the internal market and amending Directives 84/450/EEC, 98/27/EC.
88.
Section 46(2).
89.
Section 1(2).
90.
[2017] IECA 116, 6 April 2017.
91.
S.I. No. 774 of 2007, implementing Directive 2006/114/EC.
92.
See Regulation 4(2)(a) and Regulation 3. This provision was not engaged by the facts of the case.
93.
Regulation 4(2)(b).
94.
Regulation 4(2)(c).
95.
Regulation 4(2)(d).
96.
Aldi Stores (Ireland) Limited and Aldi GMBH & Co KG v Dunnes Stores [2015] IEHC 495.
97.
The High Court decision in relation to certain banners was upheld, on the basis that they did not meet the criteria for comparative advertising and thus constituted trademark infringement: [2017] IECA 116, at paras.111–112.
98.
[2017] IECA 116, at para.30.
99.
[2017] IECA 116, at para.95.
100.
[2017] IECA 116, at para.98. See also para.82.
101.
[2017] IECA 116, at para.100.
102.
[2017] IECA 116, at para.100. It should be noted that it is questionable whether intent is necessary under the 2007 Act.
103.
See National Consumer Agency v Associated Newspapers (Ireland) Ltd Dublin Metropolitan District, Gibbons J., January 25, 2011. This case concerned an incident in February 2011, when the “Irish Mail on Sunday” produced an edition of their newspaper with a “wraparound” cover which had the effect of misleading consumers into believing that the paper being purchased was a “Sunday Tribune” newspaper. The Sunday Tribune had gone into receivership several days earlier.
104.
[2017] IECA 116, at paras.27, 104.
105.
[2017] IECA 116, at para.91.
106.
[2017] IECA 116, at para.105.
107.
McCambridge Ltd v Joseph Brennan Bakeries [2013] 1 ILRM 369.
108.
See Reckitt and Colman v Borden [1990] RPC 341 (UK).
109.
This is because although a trader can seek a court order under the Consumer Protection Act (see s.71(2)), only a consumer can claim damages (see s.74). In contrast, damages or an account of profits are available to the plaintiff in an action for passing off.
110.
[2013] 1 ILRM 369, at para.43.
111.
Ibid.
112.
See Recital 18 of the Directive also.
113.
Section 71(2).
114.
Section 74. There is no right of damages for a breach of s.45, relating to a misrepresentation about being bound to a code of practice.
115.
See Kelly (2018b).
116.
Section 75.
117.
Section 73.
118.
Section 85.
119.
Sections 76–84.
120.
Section 86.
121.
See http://www.consumerhelp.ie/index.jsp?p=100&n=101&a=1713.
122.
Competition and Consumer Protection Commission, Consumer Protection List 2016.
123.
Competition and Consumer Protection Commission, Consumer Protection List 2016.
124.
http://www.consumerhelp.ie/index.jsp?p=121&n=478&a=1246.
125.
Mc Cord v ESB [1980] 1 ILRM 153, 161.
126.
Ibid. It should be noted that this case concerned contracts entered into with an electricity supplier who at the time had a monopoly on electricity supply in Ireland.
127.
The Sale of Goods Act 1893, s.55 as amended by the Sale of Goods and Supply of Services Act 1980; The Sale of Goods and Supply of Services Act 1980, s.40.
128.
See for example Noreside Construction Ltd v Irish Asphalt Ltd [2014] IESC 68; Carroll v An Post National Lottery Co [1996] 1 IR 443.
129.
Such as the contra proferentem rule—see Andrews v Singer [1934] 1 KB 394 (Eng.)—or the “main purpose” rule—see Glynn v Margotson [1893] AC 351.
130.
Clayton Love v B&I Transport (1970) 104 ILTR 157. Discussed below.
131.
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
132.
SI No.27 of 1995, as amended by the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2000 (S.I. No. 307 of 2000).
133.
Regulation 3(2).
134.
Regulation 6.
135.
AIB v Counihan [2016] IEHC 752 Barrett J, 21st December 2016, para.17.
136.
Re an Application pursuant to Regulation 8(1) of the Unfair Terms in Consumer Contracts 1995 unreported, High Court, December 5, 2001 (hearing and judgment) and December 20, 2001 (order). In the High Court Kearns J declared 15 sample terms and an interim payment schedule invalid under the Regulations. No written reasons for the order were given. For criticism see Kelly (2013).
137.
Aziz v Caixa d’Estalvis de Caralunya C-415/11 para.46.
138.
AIB v Counihan [2016] IEHC 752: “the Court of Justice’s observations [in Aziz] appear to contemplate a court, even in an adversarial system of justice, acting in an inquisitorial manner.”
139.
Reg 3. (1) Subject to the provisions of Schedule 1, these Regulations apply to any term in a contract concluded between a seller of goods or supplier of services and a consumer which has not been individually negotiated.
140.
Regulation 3(6).
141.
Regulation 3(5).
142.
Head 71.
143.
Section 55(1) of the Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980.
144.
Even in the commercial context it is not possible to contract out of s.12 of the Sale of Goods Act 1893 (implied term that seller has the right to sell) and any exclusion from s.13, 14 or 15 must be fair and reasonable: see Section 55(1) of the Sale of Goods Act 1893, as amended by the Sale of Goods and Supply of Services Act 1980.
145.
SI No 11/2003, implementing Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
146.
Section 39 of the Sale of Goods and Supply of Services Act 1980.
147.
Schedule 2 to the Sale of Goods and Supply of Services Act 1980.
148.
Head 70.
149.
(1970) 104 ILTR 157.
150.
See for example Western Meats Ltd v National Ice and Cold Storage [1982] ILRM 101; Fitzpatrick and Harty v Ballsbridge International Bloodstock Sales Unreported, High Court Feb 25, 1983.
151.
Photo Production Ltd v Securicor Transport Ltd [1980] 2 WLR 283.
152.
See Clark (2013), pp. 221–232, 263.
153.
Carroll v Carroll [1999] 4 IR 241; Grealish v Murphy [1946] IR 35.
154.
Secured Property Loans v Floyd [2011] IEHC 189.
155.
Secured Property Loans v Floyd [2011] IEHC 189.
156.
Re an Application pursuant to Regulation 8(1) of the Unfair Terms in Consumer Contracts 1995 unreported, High Court, December 5, 2001 (hearing and judgment) and December 20, 2001 (order). For a good summary of the case see Dorgan (2002). For criticism see Kelly (2013).
157.
[2009] UKSC 52.
158.
Section 64 provides that a term of a consumer contract may not be assessed for fairness to the extent that—(a) it specifies the main subject matter of the contract, or (b)the assessment is of the appropriateness of the price payable under the contract by comparison with the goods, digital content or services supplied under it.
159.
See Kelly (2018a).
160.
This version of the contra proferentem rule does not apply where an application is made by the Competition and Consumer Protection Commission or a consumer organisation: Regulation 5(3).
161.
Regulation 4.
162.
Regulation 5(2).
163.
Árpád Kásler, Hajnalka Káslerné Rábai v OTP Jelzálogbank Zrt Case C-26/13 ECLI:EU:C:2014:282.
164.
Ibid., para.71.
165.
Ibid., para.72.
166.
Ibid., para.75.
167.
Office of Fair Trading v Abbey National Plc [2008] EWHC 875, at para.103.
168.
Office of Fair Trading v Abbey National Plc [2008] EWHC 875.
169.
Donnelly and White (2014), pp. 253–254.
170.
Directive 2002/65.
171.
Directive 2007/64.
172.
Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts.
173.
Section 117(1) of the Central Bank Act 1989.
174.
By the European Communities (Distance Marketing of Consumer Financial Services)(Amendment) Regulations 2005.
175.
Regulation 6(2).
176.
Regulation 6(3).
177.
Regulation 6(5).
178.
Regulation 6(2).
179.
Donnelly and White., p. 344.
180.
Regulation 6(6)(a) (inserted by Reg 2(b) of the 2005 Regulations).
181.
Regulation 6(6)(b) (inserted by Reg 2(b) of the 2005 Regulations).
182.
Regulation 9(6).
183.
Regulations 24(6), Regulation 31.
184.
Regulation 4(4). Although the Regulation refers to compliance with Regulation 4(3), the Department of Finance’s June 2016 Public Consultation Paper envisages that it is important that the fee information be in a stand alone document and not incorporated.
185.
Regulations 4(5), 4(6).
186.
EBA Draft Regulatory Technical Standards setting out the Union standardised terminology for the most common services linked to a payment account, under Article 3(4) of Directive 2014/92/EU [Payment Accounts Directive] p. 53.
187.
Final Report on Draft Regulatory Technical Standards setting out the Union standardised terminology for the most common services linked to a payment account, under Article 3(4) of Directive 2014/92/EU [Payment Accounts Directive] (EBA/RTS/2017/04) Para.31.
188.
ANNEX—Union standardised terms and definitions for services linked to a payment account that are common to at least a majority of Member States, under Article 3(4) of Directive 2014/92/EU.
189.
Regulation 4(7).
190.
Regulation 5.
191.
Regulation.
192.
Article 7.
193.
Regulation 7(1). See https://www.ccpc.ie/consumers/financial-comparisons/.
194.
Department of Finance, Public Consultation Paper on the Payment Accounts Directive, June 2016, p. 6.
195.
Article 14(1).
196.
Article 14(1).
197.
Regulation 12(f).
198.
Central Bank of Ireland’s Code of Conduct on the Switching of Current Accounts with Credit Institutions (2016) provision 1.
199.
Central Bank of Ireland’s Code of Conduct on the Switching of Current Accounts with Credit Institutions (2016) provision 2.
200.
Central Bank of Ireland’s Code of Conduct on the Switching of Current Accounts with Credit Institutions (2016) provision 5.
201.
Central Bank of Ireland’s Code of Conduct on the Switching of Current Accounts with Credit Institutions (2016) Provision 18.
202.
Central Bank of Ireland, Consumer Protection Bulletin, 4 November 2016.
203.
The Code was first issued in 2006 and revised in 2012. Addendums were added in July 2015 and July 2016.
204.
Section 117 of the Central Bank Act 1989; Section 23 and Section 37 of the Investment Intermediaries Act 1995; Section 8H of the Consumer Credit Act 1995; and Section 61 of the Insurance Act 1989.
205.
4.1.
206.
4.2.
207.
4.4.
208.
4.12.
209.
4.21 In fact this information must be provided before offering or recommending such product.
210.
4.22.
211.
4.27.
212.
4.28.
213.
4.29: This includes: (a) the amount of the mortgage; (b) the interest rate that applies to the mortgage at the date of offer; (c) the term of the mortgage; (d) where there is a possibility that the interest rate set out in the offer document may not be the interest rate applicable when the mortgage is drawn down, this must be clearly highlighted. The offer document must also outline the circumstances that would result in such a change to the interest rate; and (e) the length of time for which the mortgage offer is valid, assuming that all details provided by the personal consumer are correct and do not change.
214.
Provisions 4.41–4.45.
215.
See provisions 4.30–4.40.
216.
4.35.
217.
Provisions 4.46–4.53.
218.
Provision 4.54–4.56.
219.
Provision 4.57–4.61.
220.
Chapter 6.
221.
Chapter 8.
222.
Chapter 9.
223.
Provision 9.2.
224.
Provision 9.19.
225.
Provision 9.22.
226.
Provision 9.23.
227.
Appendix A.
228.
Appendix D.
229.
Appendix F, added by an addendum in July 2016.
230.
3.9.
231.
4.25.
232.
4.26: “Warning: As a guarantor of this credit, you will have to pay off the debt amount, the interest and all associated charges up to the level of your guarantee if the borrower(s) do(es) not. Before you sign this guarantee you should get independent legal advice.”
233.
Provision 4.46.
234.
Provision 4.47.
235.
Provision 4.49.
236.
Chapter 5.
237.
Provision 5.20.
238.
Provision 3.
239.
See https://www.centralbank.ie/regulation/consumer-protection/compliance-monitoring.
240.
Central Bank Consumer Protection Outlook Report 2017 p. 5.
241.
See https://www.financialombudsman.ie/.
242.
Donnelly and White (2014), p. 382.
243.
Carr v Financial Services Ombudsman [2013] IEHC 182 at para.84.
244.
Irish Life and Permanent v Financial Services Ombudsman [2012] IEHC 367.
245.
[2012] IEHC 367 at para.56.
246.
Clark (2013), p. 268 Referring to Zurich Bank v McConnon [2011] IEHC 75 Stepstone Mortgage Funding Ltd v Fitzell [2012] IEHC 142 Irish life and Permanent plc v Duff [2013] IEHC 43.
247.
Clark (2013), p. 268.
248.
Donnelly and White (2014), pp. 332–333.
249.
Ibid. p. 333.
250.
Donnelly and White (2014), p. 333; Mak (2012).
251.
Williams (2007), p. 246.
252.
Central Bank Consumer Protection Outlook Report 2017 p. 8.
253.
Central Bank Discussion Paper on the Consumer Protection Code and the Digitalisation of Financial Services p. 29, citing www.fca.org.uk/publication/research/review-of-literature-on-productdisclosure.pdf.
254.
Ibid.
255.
Ibid.
256.
Section 13.
257.
Regulation 10(1).
258.
Regulation 10(7).
259.
Regulation 10(4).
260.
Regulation 12.
261.
Regulation 11.
262.
Regulation 11.
263.
Regulation 11.
264.
Regulation 26.
265.
Regulation 26(6).
266.
Regulation 10(8).
267.
Article 8(6) states: Where a distance contract is to be concluded by telephone, Member States may provide that the trader has to confirm the offer to the consumer who is bound only once he has signed the offer or has sent his written consent. Member States may also provide that such confirmations have to be made on a durable medium.
268.
Donnelly and White (2006), p. 27.
269.
See the Consumer Protection Act 2007.
270.
See the Competition and Consumer Protection Act 2014.
271.
See http://www.consumerhelp.ie/index.jsp?p=100&n=101&a=1417.
272.
Regulation 16(1).
273.
Regulation 16(2).
274.
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector.
275.
Regulation 5(4).
276.
Regulation 5(4).
277.
Available at https://www.dataprotection.ie/docs/Guidance-Note-on-Data-Protection-in-the-Electronic-Communications-Sector/1152.htm##6.
278.
The full list is available at https://www.dataprotection.ie/docs/List-of-Websites/l/1280.htm. Receipt of a letter did not mean that compliance had not been achieved.
279.
The letter issued is available at https://www.dataprotection.ie/docs/Letter-issued/l/1281.htm.
280.
Luzak (2014), p. 557.
281.
Ibid., 552, referring to Turow et al. (2008).
282.
Commissioner Vera Jourova, Twitter September 18 2018 https://twitter.com/VeraJourova/status/1042053383945904129.
283.
The Economic and Social Research Institute (2016).
284.
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004. This will apply from January 2020 and sets out the conditions under which national consumer enforcement authorities are to cooperate and coordinate actions with each other and with the Commission, to address cross-border infringements of consumer law.
285.
McAleer (2016) and BEUC (2017).
286.
See http://europa.eu/rapid/press-release_IP-18-4453_en.htm.
287.
Commission Communication, A New Deal for Consumers (COM(2018) 183 final).
288.
Proposal for a Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC (COM(2018) 184 final; 2018/0089 (COD)).
289.
See Reddan (2015).
290.
Kelly (2018a), p. 53.

References

BEUC (2017) European collective redress – what is the EU waiting for? (July 2017), section 3.2. https://www.beuc.eu/publications/beuc-x-2017-086_ama_european_collective_redress.pdf
Clark R (2013) Contract law in Ireland, 7th edn. Round Hall Thomson Reuters
Google Scholar
Consumer Strategy Group (2005) Make consumers count: a new direction for consumers
Google Scholar
Department of Finance’s June 2016 Public Consultation Paper. http://www.finance.gov.ie/sites/default/files/20160628%20PAD%20consultation%20with%20Minister%27s%20decisions%20on%20discretions.pdf
Department of Jobs, Enterprise and Innovation (2013) Consultation on the Regulation of Small Print in Consumer Contracts
Google Scholar
Donnelly M, White F (2006) Regulation and consumer protection: a study of the online market. Dublin Univ Law J 13(1):27
Google Scholar
Donnelly M, White F (2014) Consumer law rights and regulation. Round Hall
Google Scholar
Dorgan P (2002) Safe as Houses? Law Society of Ireland Gazette, January 2002, 12
Google Scholar
Kelly C (2013) The impact of Europe on Irish contract law. In: Devenney J, Kenny M (eds) The transformation of European Private Law. Cambridge University Press
Google Scholar
Kelly C (2018a) Consumer reform in Ireland and the United Kingdom: regulatory divergence before, after and without Brexit. Common Law World Rev 47(1):53
Article Google Scholar
Kelly C (2018b) The ‘New Deal for Consumers’ and consumer collective redress. Commer Law Pract 25(8):171
Google Scholar
Luzak JA (2014) Privacy notice for dummies? Towards European guidelines on how to give “clear and comprehensive information” on the cookies’ use in order to protect the internet users’ right to online privacy. J Consum Policy 37(4):547
Article Google Scholar
Mak V (2012) The myth of the empowered consumer: lessons for financial literacy studies. J Eur Consum Mark Law 1:254
Google Scholar
McAleer M (2016) VW emissions scandal leads to calls for class action lawsuits. The Irish Times, 15 September 2016
Google Scholar
Miller L (2011) The emergence of EU contract law: exploring Europeanization. Oxford University Press, p 83
Google Scholar
Reddan F (2015) Up to €30m to be paid over mis-selling of card protection. The Irish Times, 14 April 2015
Google Scholar
Sales Law Review Group (2011) Report on the legislation governing the sale of goods and supply of services
Google Scholar
The Economic and Social Research Institute (May 2016) PRICE Lab: An Investigation of Consumers’ Capabilities with Complex Products. Available at https://www.esri.ie/pubs/BKMNEXT306.pdf
Turow J, Hennessy M, Bleakley A (2008) Consumers’ understanding of privacy rules in the marketplace. J Consum Aff 42:411–424
Article Google Scholar
Williams T (2007) Empowerment of whom and for what? Financial Literacy Education and the new regulation of consumer financial services. Law Policy 27:226
Article Google Scholar

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Sutherland School of Law, University College Dublin, Dublin, Ireland
Cliona Kelly

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Cliona Kelly
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Correspondence to Cliona Kelly .

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Faculty of Law, University of Antwerp, Antwerp, Belgium
Gert Straetmans

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Kelly, C. (2019). Information Obligations and Disinformation of Consumers: Irish Law Report. In: Straetmans, G. (eds) Information Obligations and Disinformation of Consumers. Ius Comparatum - Global Studies in Comparative Law, vol 33. Springer, Cham. https://doi.org/10.1007/978-3-030-18054-6_10

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DOI: https://doi.org/10.1007/978-3-030-18054-6_10
Published: 06 September 2019
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-18053-9
Online ISBN: 978-3-030-18054-6
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