The Future of Consumer Credit Regulation Creative Approaches to Emerging Problems

Effective regulation of consumer credit in modern society is an ever-changing challenge. As new forms of credit emerge in free societies, regulation often lags behind. This volume explores contemporary problems related to the regulation of consumer credit in market economies with a focus on credit extended to the most vulnerable and poorest members of the community. Written by experts in the field of consumer credit regulation from Europe, North America, Australia and South Africa, the book examines some of the most important consumer credit issues facing consumers today and proposes innovative ways to protect the consumer interest in those markets.

Contents: Preface; Introduction; Part I Emerging Paradigms: Financial literacy and the creation of financial citizens, Gail Pearson; Broad standards as a vehicle for consumer rights: the case of financial products in the United Kingdom, Iain MacNeil; From status to contract: evolving paradigms for regulating consumer credit, Rashmi Dyal-Chand; The EU financial services policy and its effect on consumer law, Manfred Westphal. Part II Responsible Lending: Responsible lending or restrictive lending practices? Balancing concerns regarding over-indebtedness with addressing financial exclusion, Therese Wilson; Payday loans: unintended consequences of American efforts to tame the beast, Mary Spector; Credit alternatives and micro-lending in American immigrant communities, James P. Nehf. Part III Debt Relief and Insolvency: Better consumer protection under the statutory 'in duplum' rule, Michelle Kelly-Louw; A struggling social safety net: global lessons from bankruptcy and healthcare reforms in the United States, France and England, Robert J. Landry III and Amy K. Yarborough; The reform of administration orders within a new consumer credit framework, André Boraine; Defining the unincorporated business in financial distress: should it be treated as a business or a consumer?, Anneli Loubser; Index.

Michelle Kelly-Louw is Associate Professor in the Department of Mercantile Law, UNISA, South Africa. James P. Nehf is Professor of Law and Cleon H. Foust Fellow, Indiana University School of Law. Peter Rott is Professor of Law, Universität Bremen.