A Comparative Study of Consumer Protection in Electronic Funds Transactions

Document Type : Scientific research

Authors

• Mahboubeh Abdolahi
• Sayyed Ali Ahmadi Sajadi

https://doi.org/10.22067/le.v21i5.48146

Abstract

In most legal systems, service consumers, as the weaker party to the contract, are covered by protective provisions. Due to the particular complexity of electronic funds transactions, consumers need further protection, which should be proportionate with the requirements of this type of transactions.
In some countries, such as America, independent regulations have been ratified to protect consumers in this kind of transactions, but there is no particular provision in Iran’s legal system in this regard, and existing regulations do not meet the special requirements of these transactions. These regulations suffer defects in areas such as informing the consumer, limiting the consumer’s responsibility, and delegating the settlement of disputes to the bank, which should be reformed.
In this article, the concept of consumer, the existing regulations for protecting the consumer and legal approaches to protect the consumer in electronic funds transactions in Iran’s and foreign legal systems will be investigated.

Keywords

• Consumer’s Rights
• Electronic banking
• electronic fund transaction
• electronic payment
• fund transfer

References

[1]- Almasi, Nejad Ali. (2013).private International Law. Tehran: Mizan (in Persian). ##

[2]- Badini, Hasan. (2005).Tort Iiability. Tehran:Sherkat Sahami Enteshar (in Persian). ##

[3]- Bakhtiarvand, Mostafa. (2006). The Competent court in the Consumer Electronic contract. Faslnameh Hoghoogh, Vol.40, no.3 (In Persian). ##

[4]- Katoozian, Naser.(2004),Civil law, principle of Contract, vol.1, 7 edition, Tehran: sherkat sahami enteshar (In Persian). ##

[5]- Katoozian, Naser, (2008), tort law, vol.2, 7 editions, Tehran: Tehran University press (In Persian). ##

[6]- Mafi, homayon, (2013).Comparative Study of enforceable law of electronic contract concluded in cyber space. Comparative law study magazine, vol.4, no.1 (in persion). ##

[7]- Australian E. Payment Code (2012). Available at: www.asic.gov.au/asic/asic.nsf/byheadline/List-of-EFT-Code. ##

[8]- Budniz, Mark E, (2008). Technology as the Driver of Payment System Rules, Chicago-Kent law and review, vol.83.2. ##

[9]- Cartwright. (2004). Banks, Consumer and Regulation. Hurt Publication. ##

[10]- Clever, Katrina, (1993). Overcoming the Obstacles to Implementation of Point-of-Sale Electronic Fund Transfer Systems: EFTA and the New Uniform Payments Code, Virginia Law Review, Vol. 69, No. 7, pp. 1351-1379, Available at: http://www.jstor.org/stable/1072866. ##

[11]- Comptroller of the Currency, Administrator of National Banks. (2011). Comptrollers Handbook of Regulation E. ##

[12]- Ebers, Martin. (2005). Consumer Law Compendium. ##

[13]- Glickson, S. ( 1997). Commerce in Cyberspace, Computer Law & Security Report, vol.13. ##

[14]- Kilonzo, Kethi. D. (2007). An Analysis of the Legal Challenges Posed by Electronic Banking. Kenya Law Review,1,3232. ##

[15]- Rubin, Edward. 1990 Electronic Banking and the Consumer-The European Dimension by Jeremy Mitchell Review by: The American Journal of Comparative Law, Vol. 38, No. ##

[16]- Shick, Blair C, (2010). Some Impacts of Electronic Funds Transfers on Consumer Transactions. Available at: www.bostonfed.org/economic/conf/conf13/conf13j.pdf‎. ##

[17]- United National Commission In International Commerce Law (UNCITRAL), UNCITRAL Model Law On International Credit Transfers, 19994. ##

[18]- United National Commission in International Commerce Law, UNCITRAL Legal Guide on Electronic Funds Transfers, 1987. ##

[19]- Code of Federal Regulation, Regulation E (12 CFR 205)1996. ##