Cooling off periods in franchise contracts: from consumer protection mechanisms to paternalistic remedies for behavioral biases

2015 ◽  
Vol 17 (4) ◽  
pp. 697-721
Author(s):  
Courtenay Atwell
Keyword(s):  
20Th Century ◽  
Consumer Protection ◽  
Path Dependence ◽  
Behavioral Science ◽  
Government Agencies ◽  
Protective Measures ◽  
Policy Orientation ◽  
Behavioral Biases ◽  
Protection Mechanisms ◽  
Protection Legislation

The “cooling-off period” has remained a fixture of domestic consumer-protection legislation. Yet, as I argue in this paper, the longevity of these provisions is neither the result of their effectiveness at solving the problems they were intended to solve nor the forces of path dependence. Rather, I suggest that the cooling-off period has endured because of a process of gradual ideational adaptation. Over the course of the 20th century, legal and economic intellectuals advising government agencies have abandoned traditional consumer-protection rationales that led to the creation of cooling-off periods in favor of a paternalistic policy orientation that integrates behavioral science insights. Though the organizational problems the cooling-off period were expected to resolve have been more effectively addressed through the concurrent institution of other protective measures, such as the disclosure document and compulsory advisory provisions, the cooling-off period has found new uses and advocates, which have made it far from obsolete.

Consumer Awareness, Consumer Protection, Service Quality and Loyalty: The Case of Long-term Insurance Consumers in Namibia

2019 ◽  
Vol 118 (8) ◽  
pp. 172-189
Author(s):  
Magreth B Tjizumaue ◽  
Krishna Govender
Keyword(s):  
Service Quality ◽  
Consumer Protection ◽  
Structural Equation ◽  
Insurance Industry ◽  
Business Practices ◽  
Consumer Awareness ◽  
Growth And Survival ◽  
Term Insurance ◽  
Protection Legislation

Due to the absence of appropriate Consumer Protection legislation in Namibia, there seems to be a lack of consumer protection, which may result in consumers being exploited. Since the literature reveals that Consumer Awareness, Consumer Protection, Service Quality and Customer Satisfaction influence Customer Loyalty, the aforementioned relationship was explored among consumers of long-term insurance products in Namibia. The researcher embedded the study in the Services Marketing and User’s Satisfaction/Dissatisfaction theory and developed a framework for creating a more aware consumer and thus contribute to the growth and survival of the long-term insurance industry in Namibia.  A survey was conducted using a questionnaire, among a judgmental sample of 407 long-term insurance consumers in Namibia and Structural Equation Modelling was used to analyse (eight) hypothesized relationships among the research constructs alluded to in the title of this study. In summary, it was ascertained that if the customers are fully aware (have sufficient knowledge of the products and their consumer rights), they will feel protected against unfair business practices. Furthermore, if they perceive having received quality services, they are more likely to be satisfied with the service provider and will therefore, remain loyal.

scholarly journals Night Parrots Pezoporus occidentalis at the Ethel River, Western Australia: Continuing opportunities for conserving habitats around rare permanent springs

2021 ◽  
Vol 38 ◽  
pp. 164-171
Author(s):  
Peter Curry ◽  
Charles Nicholson ◽  
Boyd Wykes
Keyword(s):  
20Th Century ◽  
Western Australia ◽  
Perennial Grasses ◽  
Land Uses ◽  
Protective Measures ◽  
The Future ◽  
Under Construction ◽  
Tussock Grasses

The combined records of two 20th-century observers (Martin Bourgoin and Julian Ford) of Night Parrots Pezoporus occidentalis at permanent springs on the Ethel River amount to more published records of this elusive bird over a longer timespan (1912–1964) than anywhere else in Western Australia. Likely Night Parrot habitats persisting in the Ethel River area in 2019–2020 include extensive areas of mature Limestone Spinifex Triodia wiseana with other native perennial grasses, hard spinifex on sandplains, patchy perennial tussock grasses on minor floodplains and chenopod shrublands including perennial saltbush. We evaluate these habitats for their past uses and likely continuing changes that might have affected Night Parrots. With a mine under construction upstream in the sub-catchment headwaters and indications that the species is not extinct in the district, there is an urgent need to raise awareness of a uniquely important area and to survey the area for the species. Monitoring and coordinating protective measures across intersecting land uses is likely to improve the future of rare permanent springs and sensitive habitats.

Institutional and Political Sources of Legislative Change: Explaining How Private Organizations Influence the Form and Content of Consumer Protection Legislation

2014 ◽  
Vol 39 (04) ◽  
pp. 973-1005 ◽  
Author(s):  
Shauhin A. Talesh
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Social Reform ◽  
Legislative History ◽  
Reform Legislation ◽  
Private Organizations ◽  
Political Alliances ◽  
Resolution System ◽  
Protection Legislation ◽  
The Impact

This article explores how private organizations influence the content and meaning of consumer protection legislation. I examine why California forced consumers to use a private dispute resolution system that affords consumers fewer rights, while Vermont adopted a state‐run disputing structure that affords consumers greater rights. Drawing from historical and new institutional theories, I analyze twenty‐five years of legislative history, as well as interviews with drafters of the California and Vermont laws, to show how automobile manufacturers weakened the impact of a powerful California consumer warranty law by creating dispute resolution venues. As these structures became institutionalized in the lemon law field, manufacturers reshaped the meaning of legislation. Unlike California, the political alliances in Vermont and a different developmental path led to a state‐run dispute resolution structure. I conclude that how social reform laws are designed and how businesses influence social reform legislation can increase or decrease the achievement of a statute's social reform goals.

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