Generally, eCommerce merchants incorporated and operating within EU and EEA markets should abide by the Consumer Rights Directive (CRD). The latter requires online traders to provide “… telephone number, fax number and email address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently…" (Art. 6(c) CRD).
Taking note of the above, the German federation of consumer associations considered one online marketplace in the country to be incompliant with the consumer rights legislation. The federation argued that said website failed to fulfil, in a clear and comprehensible manner, its obligations regarding the provision of information to consumers. This was because no fax number was given on the website, while no telephone number was made available until after a consumer had checked out.
Based on that, an action was brought forward to the Federal Court of Justice in Germany. Questions were referred to the Court of Justice of the European Union (CJEU), in respect of the correct interpretation of the directive. These related to whether the list of communication means (telephone, fax and e-mail) is exhaustive – or if other means may be provided as well.
The opinion of AG Pitruzella
Last Thursday, advocate general Giovanni Pitruzzella opposed to the opinion of the federation stating that the spirit of the law is to “ensure the highest possible level of
consumer protection without impinging on the organisational freedom of, except to the extent strictly necessary for achieving that level of protection”. This would mean that what is important here is not for the listed specific means of communication to be imposed on merchants, but for effective ones to be provided to consumers.
Pitruzella furthermore proposed to the CJEU to rule that national legislation, such as the German one at issue, cannot impose an obligation which is contradicting the Directive – such as the obligation to make a contact telephone line available to consumers in all cases.
The advocate general’s opinion is in response to the evolution in communication technologies, where more effective and easier-to-use means are being developed and implemented in eCommerce.
So, what does all of this mean?
eCommerce merchants would definitely benefit from being able to choose how they communicate with their customers, especially when it comes to startups who might find it difficult cost-wise to maintain telephone lines. Fortunately, there are a range of other options out there to ensure that your customers can reach you and also to ensure you comply with certain legislations. From social media to live chat, the possibilities are broad and varied.
At emerchantpay, we offer a range of solutions that can help you to operate in a more efficient and cost-effective manner. To find out more about our services, please contact us.