Consumer Protection in Commercial Recruitment

Introduction

The Second Industrial Revolution and the second half of the twentieth century brought important changes in market structure: consolidation of big business and mass consumption, a shift away from the party responsible for damage (the manufacturer), internationalization of markets, etc. The traditional regulatory arsenal (Civil Code, Commercial Code, and Competition Law) proved insufficient to protect consumers. This led to a perceived degradation of the consumer's position and prompted calls for consumption standards.

In Spain, Article 51 of the Constitution (EC) contains the four basic consumer rights:

• Defense of consumer safety and health.
• Protection of their legitimate economic interests.
• Protection of information and education.
• Promotion of consumer organizations and fair hearings.

These rights were quickly incorporated into another legal instrument, Law 26/1984 of July 19, General for the Defense of Consumers and Users. This law was passed urgently, which resulted in many imperfections. Therefore, it has been repealed and replaced by Royal Legislative Decree 1/2007 of November 16, approving the Revised Text of the General Law for the Protection of Consumers and Users and other complementary laws.

Consumer protection exists in many areas (for example, from a criminal point of view). Here, we are interested in analyzing protection in procurement, which can be divided into three main areas:

1. Rules aimed at ensuring the consumer receives reliable information at an earlier stage of the recruitment. This includes rules on commercial advertising (addressing misleading advertising, subliminal advertising, etc.) and rules on retail management. Advertising was analyzed in another topic. Retail management will be discussed briefly.
2. Rules aimed at ensuring the effective provision of consent, which are fundamental to guaranteeing the right of withdrawal. This also includes rules on the content of the contract, particularly if they constitute non-negotiated terms or conditions (already discussed).
3. Further points not elaborated in the provided text.

Most of the aforementioned rules are contained in Articles 59 to 127 of the LGDCU (General Law for the Defense of Consumers and Users).