Shopping for Consumer Protection: Current Jurisdictional Issues

Author

Public Interest Advocacy Centre

Organization

Public Interest Advocacy Centre (PIAC)

Published

2013

Summary

As consumers continue to pursue online activities, these ever-increasing pursuits expand the potential to encounter difficulties, problems and disputes. Few areas of online engagement like ecommerce offer a greater potential arena for consumer disputes – especially where transactions take place across borders and in various jurisdictions.

As consumer engagement with online shopping has grown so too has the potential for online disputes. Currently consumers purchasing goods for jurisdictions outside of Canada have a limited number of avenues available to them should a dispute arise with an online retailer. The murky world of trans-border consumer disputes remains an unclear path for consumers to tread with methods to legally resolve disputes even less clear. While some models exist (UNCITRAL), still other online retailers may choose to use their own system of online dispute resolution (ODR) or may partner with third party ODR vendors (as eBay does).

While some provincial laws attempt to exert control over disputes, conflicting jurisdictional issues cause consumer confusion and require an alternative approach. Moreover, industry and governments remain unclear in the guidance that can be provided to consumers about how disputes may be resolved in a manner consistent with legal principles. Even though UNCITRAL and WG III are recognized alternative venues to generate resolutions for ecommerce disputes, they fail to provide a clear solution for consumers universally. As a result, despite relatively high levels of consumer engagement with ecommerce, there remains a great degree of uncertainty how future disputes involving international jurisdictions might be resolved.

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OCA Funded Research
This research received funding support through the Office of Consumer Affairs' Contributions Program.

Contact information

Source: Consumer Policy Research Database