Quirk, Patrick; Rothchild, John A. --- "Consumer Protection and the Internet" [2010] ELECD 177; in Howells, Geraint; Ramsay, Iain; Wihelmsson, Thomas; Kraft, David (eds), "Handbook of Research on International Consumer Law" (Edward Elgar Publishing, 2010)

Book Title: Handbook of Research on International Consumer Law

Editor(s): Howells, Geraint; Ramsay, Iain; Wihelmsson, Thomas; Kraft, David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201287

Section: Chapter 12

Section Title: Consumer Protection and the Internet

Author(s): Quirk, Patrick; Rothchild, John A.

Number of pages: 33

Extract:

12. Consumer protection and the Internet
Patrick Quirk and John A. Rothchild*



1. Introduction
One consequence of the ever-closer integration of the Internet with our every-
day lives is that more and more consumer transactions are being accomplished
using online communications. The proportion of consumer transactions that
are made using the Internet is currently small, but is increasing rapidly.
According to the US Census Bureau, in the second quarter of 2007 electronic
commerce represented 3.3 percent of all retail trade; but e-commerce has been
increasing consistently at an annual rate of more than 20 percent, while total
retail sales have been increasing at a far lower rate.1
In principle, consumer protection in connection with online transactions is
no different from consumer protection in connection with transactions accom-
plished through the older methods of communication ­ face-to-face, or using
catalogues, direct mail, or telephone. After all, if a seller engages in false
advertising, it is a violation of consumer protection laws regardless of whether
he communicates to the consumer in person, via broadcast media, by mail or
telephone, or on a website, in an e-mail, or in an online auction posting.
Nevertheless, the growth of electronic commerce does present some novel
issues relating to consumer protection. For one thing, the Internet lowers the
barriers to entry of those who aspire to engage in fraudulent or deceptive
commercial conduct. In comparison to creating a bricks-and-mortar storefront,
it is cheap and easy to set up ...