CONSUMER LAW

The long term practice of our lawyers in the field of consumer law comprises advice in matters decided by the President of the Office of Competition and Consumer Protection, the courts of law and the consumer arbitration bodies.

We advise on matters related to violations of the collective consumer interests and in individual violation cases, representing both consumers and undertakings charged with allegations of unlawful actions.

We advise on matters related to consumer bank loans, primarily concerning the obligatory content of contracts on consumer bank loans and the legal effects of contracts contrary to the provisions of the Law of July 20, 2001 on Consumer Bank Loans. In particular, we have been involved in analyzing the issue of so-called sanctions of free bank loan, stemming from Article 15 of the above-mentioned Law. 

We also advise with respect to agreements concluded between undertakings and consumers (business-to-consumers relations, B2C), for example doorstep selling or distance sales agreements. We advise on the implementation of the voluntary codes of conducts and on class actions in consumer matters.

We present below several practical examples of matters related to consumer law, on which MSM lawyers rendered legal advice.

• advise for a company from the paints and coatings market concerning the marking of products in compliance with consumer law (providing the consumer with exhaustive and reliable product information);
• legal opinion concerning the allegation of applying abusive clauses in agreements with clients of brokerage houses;
• representation of clients before the Banking Arbitrator in matters related to the consumer bank loans;
• analysis of legal content of consumer bank loan agreements, concluded by a bank granting such loans;
• legal advise on the marking and advertising of food products;
• complex analysis of terms and conditions of the consumer guarantee, offered by a leading company from the production and distribution of computer printers business.

Legislative activities (drafts and opinions) 

Mr. Jarosław Sroczyński participated in the preparation of legal expert advice to the first draft Law of August 23, 2007 on the Counteracting of Unfair Market Practices, within a legislative project of the President of the Office of Competition and Consumer Protection (implementation of the Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices).