Author Topic: Bundling options by default (EU law)  (Read 136 times)

jetboy

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Bundling options by default (EU law)
« on: November 30, 2018, 11:09:44 AM »
I'm looking for case law and/or examples of pre-ticking options/accessories/services in shopping carts. I was under the impression that doing so was illegal in the EU, but want to be able to cite some sources one way or another. Can anyone offer any information?

jetboy

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Re: Bundling options by default (EU law)
« Reply #1 on: November 30, 2018, 02:22:00 PM »
Consumer Rights Directive 2011/83/EU

“Before the consumer is bound by the contract or offer, the trader shall seek the express consent of the consumer to any extra payment in addition to the remuneration agreed upon for the trader’s main contractual obligation. If the trader has not obtained the consumer’s express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall be entitled to reimbursement of this payment.”

Rupert

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Re: Bundling options by default (EU law)
« Reply #2 on: December 01, 2018, 04:45:45 PM »
Not sure I understand the question, so could not add anything.

I think so long as it is VERY clear its OK. Like is assumed to be a part of the total offering, like delivery is often.

 Checking out of Vistaprint or Bonus print, there is a flurry of offers, but nothing is pre checked. 
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jetboy

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Re: Bundling options by default (EU law)
« Reply #3 on: December 03, 2018, 11:07:56 AM »
Hi Rupert,

There was a bit more to it (below), but I reckon it's illegal in the EU. However, I rented a carpet cleaner yesterday, and HSS tried to bundle in an RCD and damage insurance.

<snip>

I believe that the Consumer Rights Directive 2011/83/EU was what I recalled. The press release accompanying this (http://europa.eu/rapid/press-release_IP-14-655_en.htm) stated “A ban on pre-ticked boxes on the internet, as for example when they buy plane tickets”, and this was widely reported at the time. E.g:

http://www.travelweekly.co.uk/articles/38477/eu-bans-pre-ticked-boxes-on-websites
https://www.bbc.co.uk/news/world-europe-15260748

and again when the regulation came in to force:

https://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/10897577/Online-shoppers-get-new-rights-under-EU-rules.html

I believe that the relevant section of the directive is Article 22: “Before the consumer is bound by the contract or offer, the trader shall seek the express consent of the consumer to any extra payment in addition to the remuneration agreed upon for the trader’s main contractual obligation. If the trader has not obtained the consumer’s express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall be entitled to reimbursement of this payment.”

The Government also published a response document in 2013 which provided the example:

  • A consumer buys a camera online.  The website has an option to buy an extended guarantee.
  • Under the current law, this option could be ticked automatically on the website. If the consumer did not want to buy the extended guarantee, they would actively have to untick the box.
  • Under the new Regulations, the option must not be ticked automatically. If the consumer did not want the extended guarantee, they would not have to do anything.
  • This means that consumers are less likely to make extra purchases without meaning to do so, and makes the process more transparent.
« Last Edit: December 03, 2018, 11:10:05 AM by jetboy »

Rupert

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Re: Bundling options by default (EU law)
« Reply #4 on: December 03, 2018, 01:43:57 PM »
Surprised HSS would make that mistake.  ::)
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