Consumer Litigation Publications

Consumer Litigation Committee Publications

The Consumer Litigation Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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The overcompensation scheme in Quebec consumer protection class actions

Quebec was the first Canadian province to adopt a class action regime in 1978 and class actions were quickly considered the most suitable vehicle for consumer protection proceedings. Has the levelling out of the economic imbalance impacted the legal balance?
The overcompensation scheme in Quebec consumer protection class actions

This article examines the crisis of overindebtedness currently affecting Brazil and looks at how the introduction of the bill, PLS No 283/12, would result in important legal changes and affect the alternatives available to individual consumers.
Schrems vs. Facebook Ireland Case Study - Consumer Litigation Committee, August 2015

Factsheet #1
Factsheet #2
Argentina in 2015: a brand new legal framework for consumers – Consumer Litigation Committee, August 2015

For a variety of reasons – such as the need to update obsolete procedures and simplify the ways in which consumers can bring their claims to court, as well as the political decision of the national government to drastically renew civil and commercial regulations – consumers and companies have witnessed how relevant regulations have undergone major changes. This article is a summary of these changes.
A secret shared is a secret no longer: consumer data breaches - Consumer Litigation Committee, August 2015

There have been a number of very large and very public consumer data breaches in recent years. The impact of the Neiman Marcus case remains to be seen, but it is already generating much discussion in legal circles in the US and elsewhere. The result may be a significant rise in data breach cases class actions based on consumer data breaches successfully proceeding in the US.
The EEC Product Liability Directive – what constitutes a defective product? - Consumer Litigation Law Committee, August 2015

The recent decision of the ECJ in the case of Boston Scientific Medizintechnik (Case C-503/13, 5 March 2015) has led some commentators to argue that the concept of what constitutes a ‘defective’ product under the Product Liability Directive (85/374/EEC) has been widened. This article considers the effect of the decision and whether its application is limited purely to the medical sector.
Litigating consumer claims in Brazil: the beginning of a new era? – Consumer Litigation Committee, August 2015

Since the enactment of the 1988 Constitution, Brazil has come a long way in advancing consumer rights. The transition to democracy and the adoption of an extensive bill of rights paved the way for a very progressive Consumer Protection Code in 1990. Brazil’s achievements in expanding consumers’ substantive rights have been accompanied by several challenges related to consumer law litigation, faced by all branches of government, companies and civil society. This article discusses the evolution of some of these challenges and the latest efforts to address them in the new Code of Civil Procedure, which will enter into force in March 2016.
Meet the officers – Consumer Litigation Committee, August 2015

Meet the officers: Mariano Enrique de Estrada – Chair, Audley David Hanna Jr – Secretary, Jill Yates – Vice Chair, Christopher Lund Richter – Publication and Newsletter Editor
From the Chair - Consumer Litigation Law Committee newsletter article, June 2015

From the Chair of the Consumer Litigation Committee, Mariano de Estrada
‘Meet the officer’ newsletter: Tara Archer, Consumer Litigation, May 2015

An interview with Tara Archer, Chair of the Consumer Litigation Committee
Collective redress across borders: how consumers are flexing their multi-jurisdictional muscle, Consumer Litigation, May 2015

In an ever-increasing environment of globalisation and jurisdictional interconnectivity, an emerging issue for litigators is the manner in which parties can obtain multijurisdictional relief across borders. Accordingly, this session considered the views of both judges and practitioners as to the practical implications involved in cross- border collective redress. From a judicial perspective, Justices Clarke and Hamada provided insight into their experiences of collaborating with foreign courts in the context of actions with cross-jurisdictional elements. Additionally, the panel discussed the development and evolution of protocols which can assist in this arena.
David v Goliath: the financial consumer and financial entities, Consumer Litigation, May 2015

While the Consumer Litigation Committee has often tackled the issue of defective products in its past sessions, during this session the concept was examined from a different perspective, specifically that of financial products. Like physical items, financial products are becoming ever more complex and in some instances confusing. Consumers are sometimes being targeted by predatory lenders who put their investment portfolios at risk with hidden toxic financial products.
Argentina: Court of Appeal judgments provide guidelines for settling consumer collective actions, Consumer Litigation, May 2015

Even though the following comments are based on Argentine law and jurisprudence, we believe that they might be useful for practitioners in other Latin American countries where these types of cases are brought, since Latin American courts usually share similar views when it comes to adopting foreign legal tools such as class actions and class settlements.
Towards a Uniform European Approach, Consumer Litigation, May 2015

This article examines the steps taken by the EC to develop its Recommendation on collective redress and where the key features already exist in current national laws. The number of these examples suggests that a critical mass of Member States already has some or all of the recommended features. The debate to come is whether the Commission will agree that sufficient progress has been made or, instead, that anything short of complete uniformity will justify stronger measures to bring all MS in line.
International Litigation Newsletter, April 2011

Download the International Litigation Newsletter, April 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
International Litigation Newsletter, September 2009

Download the International Litigation Newsletter, September 2009, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee publishes guide to the law and practice of litigation in many countries around the world

The Litigation Committee has prepared a guide to the law and practice of litigation in many countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to litigation in particular jurisdictions.
Mediation Techniques
Consulting editor: Patricia Barclay
The IBA is pleased to announce the launch of its first e-book. Although there are many books about mediation, most of them concentrate on a single topic or have a bias towards the theoretical or philosophical. This e-book offers a practical collection of tips from and for practising mediators of different styles facing different sorts of issues.
Dispute Resolution International

Dispute Resolution International is available to access online for all members of the IBA Dispute Resolution Section.