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Consumer protection and the regulation of mobile phone contracts : a study of automatically renewable long-term contracts across jurisdictions
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Bisping, Christopher and Dodsworth, Timothy J. (2019) Consumer protection and the regulation of mobile phone contracts : a study of automatically renewable long-term contracts across jurisdictions. Journal of Consumer Policy, 42 . pp. 349-375. doi:10.1007/s10603-019-09417-0
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Official URL: https://doi.org/10.1007/s10603-019-09417-0
Abstract
This article deconstructs mobile phone contracts as an example of long-term contractual relations in four jurisdictions to reveal that there are three elements which define consumer protection. The elements are contract duration, renewal of the agreement and unilateral modification. Each of these factors are regulated differently in each of the jurisdictions, but, assessed collectively, similar levels of consumer protection are found. The authors show that the reason for the different weighting is determined by regulation (subject-specific or general); by external factors, such as technological development, geography or business considerations; and by wider cultural considerations. The comparison of these features across the jurisdictions shows that, ultimately, regulatory intervention plays little role in contract design, unless an overwhelming policy goal is pursued, which means that, in most cases, regulators would be advised to avoid or reduce regulation of mobile phone and other long-term contracts.
| Item Type: | Journal Article | ||||||||
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Journal or Publication Title: | Journal of Consumer Policy | ||||||||
| Publisher: | Springer | ||||||||
| ISSN: | 1573-0700 | ||||||||
| Official Date: | 15 September 2019 | ||||||||
| Dates: |
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| Volume: | 42 | ||||||||
| Page Range: | pp. 349-375 | ||||||||
| DOI: | 10.1007/s10603-019-09417-0 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Publisher Statement: | This is a post-peer-review, pre-copyedit version of an article published in Journal of Consumer Policy. The final authenticated version is available online at: https://doi.org/10.1007/s10603-019-09417-0. | ||||||||
| Access rights to Published version: | Open Access | ||||||||
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