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Advertising Express
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The growth of online consumers is certainly a boost for e-commerce and no doubt it adds to the economic growth. But the growth has been perplexing, as the legal provisions in this area are not clearly laid down yet. This ambiguity in law is often misused by many unscrupulous sellers/marketers. This article highlights the issues in online marketing in the light of the existing laws for the online contracts and calls for early amendments to extend protection to online consumers.

 
 
 

Consumerism is a movement that advocates greater protection to consumers' interests. It is required for informing consumers about adequate safety standards with a guarantee to provide quality goods and services and protect their interests. The growth in the number of online consumers certainly calls for considerable expansion of protective measures for consumer safety. However, the uncertainties in the legal issues to validate and enforce all kinds of online contracts hamper the growth of e-commerce. Though online consumers are a still a small group in the vast area of e-commerce, it is yet to grow as one of the greatest shopping places in the virtual world.

Most of the people who do business—i.e., either buying or selling online—are not aware of their rights. This became evident in one of the researches conducted in Ireland. The research revealed that most consumers were not aware of their rights because they did not read the terms and conditions of the contract or even if they read it, they were unable to understand it in the right sense of its meaning. Consumers who are not reading the terms and conditions before buying goods are as high as 71%. This information gap is present even when the law is clear regarding the Distance Selling Regulation Act, 2001 of UK. Under the provisions of this Act, the suppliers are required to give information about themselves and the goods and services they offer, so that the consumers decide whether to buy or not. In this research, it was also found that 50% of the suppliers did not provide information about the goods or services and 30% of them failed to provide information about the consumers' right to withdraw, if they did not want the goods or services after understanding the terms and conditions of the contracts. Most of the other consumers did not understand the taxing system with regard to the goods and services bought and whether the price of the product they brought included the taxes or not. It is not surprising to know that Internet usage is not limited to legitimate businesses alone. Unscrupulous individuals and organizations use Internet with an immense scope to carry out illegal activities, so as to make illegitimate profits or cause personal harm to the users by taking advantage of their ignorance. Internet has thus become a tool for numerous scams and illegal activities harming the users in general and consumers in particular.

The misuse of technology has led to increase in the customer-related complaints with regard to increased Internet use every year. As per a recent report by Robert McMillan in the US, online consumers have filed a millionth complaint, in the Internet Crime Complaint Center (IC3). The most common complaint amongst the consumers except for the deficiency in goods and services is the non-delivery of the goods by the merchants within the stipulated time. Sometimes, even if the goods are delivered in time, there are quite a large number of instances, where merchants do not disclose the charges or the costs. There are also complaints that there is insufficient information about the product attributes and inadequate complaint handling system. Privacy invasion is another complaint by the consumers, because many marketers sell the data of their consumers to other marketers without the consumers' consent. This kind of data sale to the third party increases unsolicited commercial e-mail and identity theft, and provides the credit history of the consumer without his consent.

 
 
 
 

Consumer Protection, Legislative Actions, E-Commerce, Internet Crime Complaint Center, IC3, Information Technology Act, Consumer Protection Act, E-transactions, Online Transactions, United Nations Commission on International Trade Law, UNCITRAL Model Law.