Monday 5 March 2012

Who is the 'average consumer'?

An interesting comparison for EU lawyers looking at the 'average consumer' standard:

http://www.slaw.ca/2012/02/28/scc-strikes-blow-at-mail-sweepstakes/

Canada seems a more consumer-friendly place in this respect than the EU... perhaps it is time for a re-think on what counts as 'average' and whether consumers are in fact, as the Unfair Commercial Practices Directive presupposes, rational actors who are capable of looking after their own interests.