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Published byCarol Parks Modified over 8 years ago
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Cutting Red Tape by Making Consumer Regulation More Effective Carolyn Bond Co-CEO
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Red Tape “Red Tape” – unnecessary paperwork/regulation Reduce “red tape” by making regulation more effective
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What is Effective Regulation? For the purposes of this presentation, I have assumed that effective regulation: Prevents, or reduces, practices that are causing harm to consumers; and Enables the individual consumer to seek redress
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Choosing the Right Tools Legislation Codes – Voluntary and various forms of enforceable codes Licensing Criminal Penalties Civil Penalties Innovative approaches such as Unfair Contract Terms Dispute options – courts, tribunals, industry ADR
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Choice of tools depends on range of factors Type of industry (size, culture etc) Regulator (powers, resources, priorities) Availability of consumer advice/legal services Cause of the problem (industry structure, historical unfair practices, lack of clarity of laws ) Consumer factors (are these consumers particularly disadvantaged? – ie fringe borrowers)
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Getting the structure right Identify the weak links in the regulatory structure: Penalties (or risk of being caught) not great enough to discourage conduct; Regulator not taking action; Complaints/disputes process not accessible; Complaints/disputes are not being used to identify and address systemic problems; Regulation is not enforceable; Industry is actively avoiding the regulation (ie finding loop-holes).
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Discussion Identify one example of consumer regulation that you believe is particularly effective or ineffective. Identify the factors that impact on the effectiveness of this regulation.
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