MY ACCOUNTConsumer affairs & Industrial risks
The firm advises a a wide range of economic operators on the compatibility of their promotional messages with the rules applicable under consumer law (misleading or likely to mislead, false advertising, advertising on prices, etc.).
Unfair commercial practices in dealings with consumers, such as misleading or aggressive commercial practices (forced sales), are prohibited. French and European legislation (2005 directive on unfair commercial practices) protects the most vulnerable consumers against such practices.
Vogel & Vogel can advise undertakings on disputes with consumers relating to these issues and accompany them on their commercial policy to avoid falling foul of of the rules on unfair commercial practices, notably in the context of their sales via the internet or through physical outlets.
Consumers in their dealings with businesses are protected by the rules on unfair terms. Vogel & Vogel assists undertakings in the drafting of their agreements and general terms and conditions of sale intended for consumers in order to prevent potential disputes.
The attorneys in the consumer team also have significant litigation experience in the area of relations between businesses and consumers in all product and service sectors.
We regularly act for our clients in challenging actions for the removal of unfair terms brought by consumer associations such as UFC Que Choisir and CLCV.
Vogel & Vogel successfully defended the first class action initiated in France by UFC Que Choisir against our client Bouygues Telecom. The firm subsequently defeated a class action suit brought against a brand of motorcycles and is currently handling a number of cases in defense against class actions.
Vogel & Vogel has extensive experience in the many claims arising in the context of product liability and warranty against latent defects. The team regularly takes part in expert appraisal proceedings, combining their legal and technical skills.
Vogel & Vogel provides counsel and assistance to its clients as part of their general obligation to ensure that their products are properly controlled. In particular, it assists undertakings whose products may present a risk to users in the steps to be taken with the authorities throughout the EU (risk assessment, assistance in deciding what action to take to manage the risks involved, making informal contacts with the authorities, notifying the risk, following up notifications, etc.).
The department proposes innovative solutions in this respect. The consumer team’s lawyers are experienced in this type of cases. They support our clients throughout the process within very short time-limits. In the event that it is necessary to take action at the same time as legal proceedings, the firm liaises with the judicial authorities. In the event of prosecution, the firm defends its clients before the courts.
Our major cases
Vogel & Vogel has:
• defeated UFC Que Choisir at first instance, appeal and final appeal in the Court of Cassation in the prepaid cards case
• obtained more than 50 consecutive victories in the Nox emissions case
• developed an original and winning defense in class actions against several consumer associations
• handled several hundred after-sales and product liability cases each year
• defeated a consumer association in a class action relating to motorcycles, and is currently defending several car brands in a major class action.
