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

Alderman, Richard, Franceschi, Alberto De, Giancaspro, Mark, Howells, Geraint, Lei, Chen, Lete, Javier, Micklitz, Hans-W, Miscenic, Emilia, Naude, Tjakie, Pichonnaz, Pascal, and others. (2020) Consumer Law and Policy Relating to Change of Circumstances Due to the COVID-19 Pandemic. Journal of Consumer Policy, 43 . pp. 437-450. ISSN 0168-7034. E-ISSN 1573-0700. (doi:10.1007/s10603-020-09463-z) (KAR id:82458)

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http://dx.doi.org/10.1007/s10603-020-09463-z

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.

The COVID-19 pandemic has swept around the world. As well as huge suffering and high numbers of fatalities, it has had a heavy negative economic impact. Millions of consumers around the world are suffering financially, because many have lost their regular income, and many are fighting to obtain refunds of prepayments from struggling businesses whilst having to service loans and rental payments. In this contribution, we, a research group on consumer law with a global reach, offer an initial assessment of the legal difficulties consumers face. We argue for a principles-based way forward and evaluate a range of global initiatives taken thus far.

Item Type: Article
DOI/Identification number: 10.1007/s10603-020-09463-z
Uncontrolled keywords: Consumer law; COVID-19
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 14 Aug 2020 10:24 UTC
Last Modified: 16 Feb 2021 14:14 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/82458 (The current URI for this page, for reference purposes)
Ramsay, Iain: https://orcid.org/0000-0001-8064-0590
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