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Lawyer in
consumer law - Romain MIRABILE

Lawyer in
consumer law

Informed and secure consumer law practice

Support in making your business practices compliant, so that you can set up compliant processes for your consumer customers.

Start your compliance
Consumer law

What is consumer law?

Consumer law is a crucial area of law which aims to protect the interests of consumers in their interactions with businesses

It covers a wide range of subjects, such as unfair commercial practices, pre-contractual information, unfair terms and the right of withdrawal, and applies to both distance sales (particularly e-commerce) and in-store transactions, hence the importance of being accompanied by a consumer law lawyer.

Free 15-minute call about your situation
Ensuring compliance with regulations

This discipline ensures fairness and transparency in relations between consumers and professionals, and is consistent with competition law, which takes a market-based approach to avoid abuses.

Your services in consumer law

  • Personalized advice and support: I'll guide you in bringing your business practices into line with your sector of activity, whether it's drafting your general terms and conditions, analyzing your advertising campaigns or setting up your sales procedures.
  • Risk prevention and dispute management: As a consumer lawyer, I can help you handle complaints, mediate and defend your interests before the courts or the authorities(DGCCRF / DDPP).
  • Training and awareness-raising : I also offer customized training for you and your teams, to help you better understand the challenges of consumer law and adopt best practices to avoid infringements and disputes.
Step-by-step analysis

Different levels of intervention in consumer law

Stage - 1
Pre-contractual information

The first essential step is the provision of pre-contractual information. Here, I analyze your sales practices and contractual commitments to ensure that they comply with consumer law standards.

This includes examining product information, pricing policies, general terms and conditions of sale, and in particular withdrawal procedures.

Stage - 2
Drafting and reviewing documents

I then draft or revise your consumer documents, such as general terms and conditions (GTCs) or privacy policies.

The aim is to ensure that these documents not only comply with the law, but are also clear and comprehensible to consumers.

Stage - 3
Managing business practices

In this phase, I help you to evaluate and structure your commercial practices, including promotions, discounts, special offers and marketing practices, to avoid any non-compliance or qualification as unfair commercial practices, for example.

Stage - 4
Support in the event of disputes

In the event of disputes relating to consumer rights, I represent you as a consumer lawyer and defend your interests before the courts, the authorities or in mediation.

This includes handling claims for misleading advertising, product non-conformity, or violation of withdrawal rights.

Stage - 5
Training and Awareness

I also offer training and awareness-raising sessions for your teams, so that they better understand aspects of consumer law and can apply this knowledge in their day-to-day interactions with consumers.

Stage - 6
Legal watch and updates

Finally, I offer you ongoing legal monitoring to keep you abreast of legislative and case law developments in consumer law. I ensure that your practices remain compliant and adapt your documents and procedures accordingly.

What are your risks?

Avoid sanctions with a consumer law lawyer?

Consumer law sanctions are diverse and can have significant consequences for companies:

  • Penalties for unfair terms: In the event of unfair terms in consumer contracts, a list of which is provided, companies may incur fines of up to 75,000 euros for a legal entity, under article L. 212-1 of the French Consumer Code.
  • Penalties for deceptive commercial practices: Deceptive commercial practices are subject to severe penalties, including prison sentences of up to three years and fines of up to 300,000 euros, as stipulated by article L132-2 of the French Consumer Code.
  • Penalties for failure to comply with pre-contractual information obligations: Failure to comply with pre-contractual information obligations may result in administrative fines of up to 3,000 euros for an individual and 15,000 euros for a legal entity, in accordance with article L641-1 of the French Consumer Code.
  • Penalties for non-compliance with the right of withdrawal: The absence of a withdrawal form or non-compliance with articles L. 221-18, L. 221-21 and L. 221-23 to L. 221-27 of the French Consumer Code on the right of withdrawal can result in fines of up to 75,000 euros for a legal entity.

These sanctions illustrate the crucial importance for companies of complying strictly with current consumer law regulations to avoid heavy financial and legal consequences, and therefore of being accompanied by a consumer law lawyer.

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FAQ's

Frequently asked questions

To comply with the right of withdrawal, you must clearly inform your customers of their 14-day right of withdrawal.

Provide them with a standard retraction form, and make sure your returns process complies with regulations.

It's also crucial to process retraction requests promptly and to refund customers on time.

Before making a purchase, you must provide consumers with clear and accurate information about the product or service, including total price, essential features, delivery costs, payment terms, and warranty conditions.

In addition to this information, there is a great deal of information to be passed on, notably on the right of withdrawal, legal guarantees, the possibility of recourse to a mediator...

This information must be easily accessible and understandable.

If your company uses contractual clauses deemed to be unfair, it risks substantial penalties, including fines of up to 75,000 euros for legal entities.

These clauses may also be declared null and void, which could lead to disputes and claims for damages from consumers.

To avoid deceptive business practices, make sure that all your advertising and marketing communications are honest, transparent and do not mislead consumers about the nature, quality or price of your products/services.

Provide complete and accurate information and avoid exaggerated or false claims.

As this analysis is complex, it is advisable to be accompanied by a consumer law lawyer.

As a seller, you are obliged to provide a legal guarantee of conformity for all products sold.

This means that the products must correspond to the description given and be free from defects for at least two years after sale, subject to exceptions.

In the event of non-conformity, you must offer the consumer repair or replacement of the product, or a refund if these options are not available.