Draft:Citizens' Voice - Consumer Advocacy Association

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Citizens' Voice - Consumer Advocacy Association
AbbreviationCitizens' Voice
Formation2023
TypeNon-governmental organization
Headquarters[Headquarters location]
Area served
Consumer protection
Websitecitizensvoice.eu

Citizens' Voice - Consumer Advocacy Association (Citizens' Voice) is a Portuguese non-governmental organization founded in 2023 with the goal of promoting consumer interests within the European Union. The organization operates through research, advocacy, and education, defending consumer rights and fighting against abusive practices by companies.[1]

Areas of operation[edit]

Citizens' Voice operates in various areas related to consumer protection, including:

  • Protection against abusive practices: Monitoring the market and denouncing abusive practices such as misleading advertising, abusive contractual clauses, planned obsolescence, and excessive pricing.
  • Access to safe products and services: Conducting tests and analyses to ensure the safety of products and services.
  • Information and education: Providing information on consumer rights and responsibilities through publications, awareness campaigns, and personalized service.
  • Legal representation: Representing consumers in legal proceedings against companies that violate their rights.

Key actions[edit]

Citizens' Voice has been prominent for several significant actions in consumer protection, including:

  • A class-action lawsuit against Endesa, challenging abusive tariff increases.
  • Reporting misleading advertising campaigns, leading to investigations by the Competition and Economic Security Authority.
  • An awareness campaign on the rights of consumers in online purchases.

Vodafone[edit]

Citizens' Voice, in defense of consumer rights, claimed that Vodafone was automatically activating additional services (such as data bundles, voice and messaging services) for its customers without prior consent, resulting in undue charges.[2] The Supreme Court of Justice (STJ) ruled in favor of Citizens' Voice, recognizing Vodafone's practice as illegal and contrary to good faith. The STJ decision required Vodafone to:

  • Refund all charges made for unsolicited additional services to customers.
  • Cease the automatic activation of such services without express consent.
  • Implement measures to prevent this practice in the future.

The STJ's decision marked an important milestone in protecting consumer rights in Portugal. It established a clear legal precedent against the automatic activation of additional services without consent. It compelled Vodafone to reimburse millions of euros to its customers and change its business practices.

Despite the STJ's decision, Vodafone has yet to fully reimburse all affected customers. Citizens' Voice continues to press Vodafone to fully comply with the court ruling. There are other ongoing actions against Vodafone and other telecommunications operators for similar practices.[3]

Funding[edit]

The association is funded through membership fees, donations, and partnerships with other organizations, maintaining its financial independence by refusing donations from companies that could compromise its impartial action. Additionally, Citizens' Voice has funded some class-action lawsuits using Third-Party Litigation Funding (TPLF), a method that has been subject to controversy and criticism in some European Union countries. Despite the controversies in the EU, TPLF is quite popular in the USA and the UK, where entities like Burford Capital Ltd serve as financing providers and are listed on the stock market.

Controversies[edit]

Citizens' Voice has been criticized by some companies[which?], which accuse it of being overly combative and hindering free enterprise. The association maintains that its actions are essential to balance the interests of businesses with the rights of consumers. Furthermore, its use of TPLF has sparked debate about the ethics and implications of such funding in legal proceedings, reflecting a broader international discussion on the role of external financing in litigation.

References[edit]

  1. ^ "Quem é e como se financia a associação de consumidores que visa empresas com "ações populares"?". ECO (in Portuguese). December 3, 2023.
  2. ^ "Page on Citizens' Voice about the Vodafone case". Citizens' Voice. 22 April 2024. Retrieved 2024-05-02.
  3. ^ "Vodafone was ordered to compensate customers; one year later, most have still not received a cent - company and courts hinder payments". CNN Portugal. 2023-05-22. Retrieved 2024-05-02.

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  1. ^ "Vodafone a analisar o conteúdo do acórdão sobre devolução de montantes a clientes". SIC Notícias. 2022-02-07. Retrieved 2024-05-02.
  2. ^ "Pingo Doce julgado por cobrar mais 0,49 euros em embalagem de queijo". TSF. Retrieved 2024-05-02.
  3. ^ "Quem é e como se financia a associação de consumidores que visa empresas com ações populares". Eco Sapo. 2023-12-03. Retrieved 2024-05-02.
  4. ^ "Citizens' Voice - Consumer Advocacy Association". LobbyFacts. Retrieved 2024-05-02.
  5. ^ "UNCTAD Document on Consumer Law and Policy" (PDF). UNCTAD. Retrieved 2024-05-02.
  6. ^ "Details on Legal Developments". Lexology. 3 April 2024. Retrieved 2024-05-02.
  7. ^ "Class and Group Actions Laws and Regulations in Portugal". ICLG. Retrieved 2024-05-02.
  8. ^ "Collective Redress Class Actions 2023: Trends and Developments in Portugal". Chambers and Partners. Retrieved 2024-05-02.
  9. ^ "Uría Menéndez on Litigation". Uría Menéndez. Retrieved 2024-05-02.
  10. ^ "The Impact of New EU Mass Actions Directive Across Europe". Pinsent Masons. 5 February 2024. Retrieved 2024-05-02.
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