Egg White Mucus Period

Case study: should a class action against the sms to 2020?

I read a post (I went from the obiter dicta of Garballó ) entitled Extra, extra! If you send "Stop asshole" to 2020 you receive from asshole.

gives very good examples and comparisons ironic about the case of fraud companies to provide "content services" provided to users of mobile phones (Ubbi etc.)

is a great theme: a once sent a little message, and gets caught for all eternity, for unsubscribe is an ordeal.

On the analysis of the phenomenon, see below in the LINKS add good articles on the subject, but I want to propose a practical case:

1. "According to the Consumer Protection Act, already upheld by the Supreme Court in" Halabi ", come a collective action in these cases?

2. Who would legitimadospara interposing?

3. How to solve the problem of distribution of compensation?

My answer will write later, but I want to know what you think.

LINKS:

- 1

- 2

- 3

- 4

Susquehanna Harvestmarinara

application of punitive damages in the case: 2 cases

We know of two cases in which it has applied the intended civil penalty Consumer enshrined in Article 52 bis of the LDC.

The first is from October 2008 entitled "CAÑADAS PEREZ MARIA DOLORES C / BOSTON BANK NA S / DAMAGES", a person who was left in the truthful for two years after it canceled its debts to the Bank Boston. The civil penalty was imposed on the defendant was $ 6000 .-

As seen in the seventh paragraph, the institution called punitive damages aims to dismiss this kind of behavior, it seeks to deter further similar events .

The second fault is June 8, 2009, "Machinandiarena NICOLAS HERNANDEZ C / TELEFONICA DE ARGENTINA S / CLAIM AGAINST ACTS OF INDIVIDUAL", there is extensive explanation of the figure. On its application in the case says

is accredited non-observance different rules of hierarchy (global, regional, national, provincial and municipal) in the context of consumer relationship that bound the parties and a impaired upper right consumer by not providing a dignified in terms of art. 8 bis of Law 24,240, which determines the application of the civil penalty (conf art. 52 bis of the Act referred-to law 26 361-) (consid. e).

The case concerned a person claiming to Telefonica for not having ramps for disabled, ie according to this court, the application of punitive damages appropriate in the case of any violation obligations on the supplier, without giving much importance to the subjective aspect.

The truth is that punitive damages are already positive law in our system, so we like it or not, should consider carefully the first cases, to mark the course of Figure at least in its first steps in a order that, at first sight, is considered a stranger (played away).

Links:

- Infobae

- Blog Rusconi

-

our on punitive Posts 1 and 2 .

- Garballó Post before the enactment of the Act

-recommend reading Herrera López, Edgardo, Punitive damages, Ed Abeledo-Perrot, Buenos Aires, 2008.