Consumer Protection Act + IT + QC

1. Consumer Protection Act + IT + QC vincent gautrais associate professor faculty of law /university of montreal october 28th, 2010 udm chair in e-Security and e-Business law www.gautrais.com

4. je me souviens … remember …

5. que né sous le lys … that born under the lily …

6. ... je crois sous la rose. … I grow under the rose. (Eugène-Étienne Taché)

8. souvenons-nous que nés sous le papier … remember that born under paper …

9. ... nous croissons sous l’électronique. … we grow under electronic.

10. an important objective of CPA management ofchange

11. an important objective of CPA hugemanagement ofchange

12. quebec legal situation consumer protection act 19782006 2009 bill 48 bill 60

13. 2 ways toprotect

14. substantial versus processualprotection protection plato aristotle

15. substantial versus processualprotection protection plato aristotle

16. 1 consumer protection = processual element

17. 1A state of the law

18. « Paper contract is an act; electronic contract is a process » Ethan Katsh.

19. Internet sales contract harmonization template(2001)

20. Chargebacks 54.8 Accept before 54.5 Evidence 54.6 Inform before 54.4 Print / Retain 54.4 Transmission 54.7 Resolution 54.8 6 7 1 2 3 4 5

21. 1 • « 54.4. Before a distance contract is entered into, the merchant must disclose the following information to the consumer : • a) The merchant’s name and any other name under which the merchant carries on business ; • b) The merchant’s address ; • c) The merchant’s telephone number and, if available, the merchant’s fax number and technological address ; • d) A detailed description of goods or services that are to be the object of the contract, including characteristics and technical specifications ; • e) An itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the consumer and any additional charges payable under the Act ; • f) A description of any possible additional charges payable tp a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined ; • g) The total amount to be paid by the consumer under the contract and, if applicable, the amount of instalments, the rate applicable yo the use of an incidental good or service and the terms of payment; • h) The currency in which amounts owing under the contract are payable if not Canadian dollars ; • i) The date on which, or the time within which, the merchant’s principal obligation must be performed; • j) If applicable, the mode of delivery, the name of the carrier and the place of delivery ; • k) The applicable cancellation, rescission, remurn, exchange and refund conditions, if any, and ; • l) Any other applicable restructions or conditions.

22. 54in fine "prominently and in a comprehensible manner [brought] expressly to the consumer’s attention"

24. protection = information

25. jakob nielsen and legibility

26. solutions ? • short • accessible • with humanity • slow • visual

27. information = oxygen

28. 54.4 in fine 2 print / retain In the case of a written offer, the merchant must present the information in a manner that ensures that te consumer is able to easily retain it and print it. »

29. hybrid proof (written /online)

30. France the merchant retains the contract himself

31. 3 « 54.5. Before a distance contract is entered into, the merchant must provide the consumer with an express opportunity to accept or decline the proposal and to correct any errors. »

32. 54.6 4 The contract must be evidenced in writing and indicate : a) The consumer’s name and address ; b) The date the contract is entered into ; c) The information described in section 54.4.

33. draw me a writing!

34. draw me a writing! ROC = "accessible so as to be usable for subsequent reference"

35. draw me a writing! quebec = integrity

36. draw me a writing! Comparative Analysis of the United Nations Convention on the Use of Electronic Communications in International Contracts and the Civil Law of Quebec

37. draw me a writing! françois senécal and his LL.M master thesis on "electronic writing"

38. 54.7 5 « The merchant must send a copy of the contract to the consumer within 15 days after the contract is entered into, in a manner that ensures that the consumer may easily retain it and print it. »

39. 54.8 Accept Inform 6 « The consumer may cancel the contract within seven days after receiving a copy if : a)the merchant did not disclose to the consumer the information described in section 54.4; b)the merchant did not provide the consumer with an express opportunity , before the contract was entered into, to accept or decline the proposal or to correct any errors; c)the contract does not meet the requirements of section 54.6. If the merchant does not send a copy of the contract to the consumer within the time provided for in section 54.7, the consumer has 30 days, as of the date the contract is entered into, in which to cancel the contract. » Send copy Acknowledge receipt

40. 54.14 7 « If the merchant defaults on the obligation to make a refund under section 54.13 and the consumer has paid by credit card the consumer may, within 60 days following the default, request the card issuer to chargeback all amounts paid under the contract and any accessory contract, and to cancel all charges made to the consumer’s account in relation to those contracts. »

41. 1B does it works ?

44. 1 maybe not so much !

45. contracts don’tchange

46. same contractual pathologies

47. … still difficult to read

48. … still dynamic 7. Privacy; Monitoring the Services We are under no obligation to monitor the services, butwe may do so from time to time and we may disclose information regarding User’s use of the Servicesfor any reason and at our sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner, or to otherwise protect us and our Users. We agree to comply with the terms of our Privacy Policy as set forth on our FAQ website, as it may be amended from time to time.

49. … still too long