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Message for OAS Experts List Serve:
The
United States is pleased to submit its preliminary
proposal for a model law on the availability of
consumer dispute resolution and redress for
consideration by the group of experts. We look forward
to the discussion on our proposal, which we will
revise into more formal model law text, as this
discussion proceeds.
As set
forth in the introductory note on the OAS' website (http://www.oas.org/dil/esp/CP-CAJP_2424_06_spa.pdf),
the United States' proposal for CIDIP-VII focuses on
encouraging the adoption of effective mechanisms for
consumers to obtain monetary redress in
business-to-consumer transactions. Our proposal would
implement the Declaration issued earlier this month in
Montevideo, Uruguay, at the Iberoamerican Conference
of Heads of State and Government, which calls for
effective mechanisms to implement consumer rights. (A
copy of the Montevideo Declaration (see para. 26) is
attached hereto.) It also draws on work that is being
done at the Organisation for Economic Co-operation and
Development, which is currently drafting guidelines on
consumer dispute resolution and redress. (Information
about the OECD consumer dispute resolution and redress
project is available on its website at
www.oecd.org/sti/consumer-policy. A copy of the
Committee on Consumer Policy's comparative background
report is attached hereto).
The
proposal, which we have drafted as a "conceptual"
model law, is in three parts:
(1)
Dispute resolution and redress mechanisms for
consumers acting individually;
(2)
Dispute resolution and redress mechanisms for
consumers acting collectively and/or through
representatives; and
(3)
Governmental dispute resolution and redress
mechanisms.
With
respect to Part I, the United States' proposal would
require member countries to put into place mechanisms
for consumers to resolve their disputes with
businesses on a direct basis. Our preliminary draft
recognizes that there are various mechanisms already
in place in some OAS countries.
With
respect to Part II, the United States' proposal would
require member countries to establish collective
and/or representational legal actions for consumers
who are seeking redress and/or other relief for
economic harm on an aggregated basis. The preliminary
draft contains a number of principles that would
ensure fairness to consumers and businesses.
With
respect to Part III, the United States' proposal would
require member states to enable one or more
governmental entities, including a consumer protection
enforcement authority, to take action and obtain
remedies, including redress, for or on behalf of
consumers who have suffered economic harm as a result
of being deceived, defrauded, or misled. The United
States' proposal in this regard contains a provision
regarding the mutual recognition and enforcement of
judgments for consumer redress.
We
envision that the model law that will result from this
process will be a relatively short text that will
contain a few statements of basic principles. Some of
the provisions in the "conceptual" model law can
readily be translated into formal model law text,
while other provisions contain guiding principles that
OAS members can adapt for use in national legislation.
Much of what is now contained in the "conceptual"
model law, could be incorporated into the model law as
commentary that member states can use as guidance in
adapting the model law text. As stated in our
introductory note, the objective of the model law is
to establish common principles and an agreed framework
for consumer dispute resolution and redress, rather
than to compel the adoption of strictly identical
statutes.
We
look forward to receiving your comments electronically
and to continuing the discussion in Brazil in
December.
[OECD 2006 Dispute Resolution and Redress Report]
[Declaración de Montevideo]
[Alternate
US Representative to the OAS]
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