amicable Solutions, online services… many alternative proposals to the courts to solve the disputes of everyday life. Often at a lower cost.

In legal matters also, the ubérisation is the mode. The evidence, the take-off in the recent France of those so-called legaltech, these start-ups that, like fintech in finance, revolutionize the market of the right.

The consulting firm B-Reputation are not less than 75 who involved, especially in the areas of creation and management of documents (35 %), and litigation and consumer law (15 %). Thanks to the resources of the technology (big data, artificial intelligence…), they divide the cost and want to make justice accessible to the greatest number. Some arise even as an alternative to the courts. For individuals, they are a new way to assert their rights.

For its part, the legislature has sought to empower consumers by creating use of unpublished works, such as the actions of the group, now extended to almost all the fields, or putting in place alternative modes of resolution of conflicts between individuals and professionals, such as mediation. Each has, finally, through online petitions, a lever of influence in the face of the business. Then, defend yourself !

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The shares of group : a device in its infancy

Created by the act of march 17, 2014 so-called ” loi Hamon, the class actions in the French were to mark a revolution in the right hex.

They allow consumers aggrieved by a similar injury caused by a manufacturer or a brand (billing abuse…) to get repair by a single lawsuit. Three years later, force is to note that the flood court that some feared has not occurred.

to date, only nine group actions involving consumer disputes have been initiated. One resulted in a repayment agreement (the one initiated by the trade Union of housing and the consumer against the organization HLM Paris Habitat), eight are in progress.

Why is this limited ? Mainly because of the specificity of the procedure. In fact, only fifteen registered associations may launch in France a group action in terms of consumption.

However, the device requires a strong engagement, both in terms of human resources (the procedure may exceed ten years), that funding (the association bears the cost). To the extent that the undertakings in question, often powerful groups, are determined to defend at all costs.

evidenced By Rural Families who have denounced the delaying tactics of SFR(1) against which it has committed in may 2015 a group action for deceptive business practice (selling smartphones 4G without informing the consumer of the coverage limits of the territory).

To avoid this pitfall, the association claims that the group action has an urgency (summary procedure) and not that of a traditional litigation. In fact, only the associations, the more solid, able to withstand counter-attacks, – five so far – have triggered the arm of iron justice, without certainty on the outcome for consumers.

the fact Remains that, according to Benoit Javaux, a lawyer at August Debouzy, “one has the impression that, so far, the associations are especially souciées of their reputation”. And continue : “However, rather than focusing on the emblematic cases, it would be necessary to first learn to operate this tool on straightforward cases to see what really works or not.

” The deal could change, the legislature has eased the licensing to act : in the field of health, for example, nearly 500 associations of users who will be able to initiate a group action and, to the discrimination, any trade union representative. What booster finally the class actions in France ?

Start-up of the law : remedies in all directions

Model letters or agreements, compensation of all kinds, legal support, financing… The benefits offered by the new actors in the law are varied. The legaltech yet have a common point : the automation of the procedures. The key, for the consumer, saving both time and, especially, savings on fees.

a Token of their seriousness, many of these platforms have been launched by former lawyers who, beyond the market enticing to conquer, see it as an effective way to bring justice and citizens. Among them, the general Actoowin, DemanderJustice, eJust or specialized EasyRad, to challenge the fines radars, Misterfox, for delays in delivery or Weclaim, for disputes related to the trips.

strength in numbers : online petitions

the mobilization against The draft law on the reform of the work carried by the minister Myriam El Khomri was relayed by the 1.3 million signatures on Change.org. A record. In another registry, to grant presidential pardons to Jacqueline Wild has been successful with a little more than 430,000 supporters. As many of the topics that were the subject of petitions to the massive online. One-click simple and free, these new tools have opened up a market with heavyweights such Change.org, Avaaz.org or the French Mesopinions.com and Wesign.it.

alone, the american Exchange brings together some 178 million people in the world. Avaaz meet him, nearly 45 million members and a déclogged, since its inception in 2007, more than 300 million shares.

for Mesopinions, it claims the launch of more than 28 000 mobilizations. So far, what is the impact of these campaigns on the defence of the rights of consumers ?

In France, the petitions do not have legal value. Nevertheless, the Conseil économique, social et environnemental (CESE) can be entered if they gather 500, 000 signatures. The organization works with the dematerialisation of the petitions that would be collected directly from a platform official. In addition, any citizen of the european Union may submit an online petition to the european Parliament in the fields of competence of the latter.

In 2015, on 1 431 petitions received, 943 were found to be admissible. They may lead to regulations or sanctions. A real impact, so.

The mobilizations in line are also a lever to strengthen the action of the associations. The UFC-que choisir, for example, has recently targeted canvassing and telephone Exchange. Nearly 105 000 of the signatories have signed it and the petition has been sent to the sector regulator, the Arcep, in the Direction of the consumption, the French government and the european institutions. The claim : serious deterrence against this type of practice. Follow.

mediation : negotiating to avoid court

Since January 1, 2016, the law requires professionals to offer their clients a process of “mediating consumption,” in the event of a dispute relating to a contract of sale or service.

An online purchase that is not delivered on time, work at home suspended… All the reasons for conflict and all sectors of activity are concerned, with the exception of education and health. “Mediation is a voluntary process of cooperation aimed at resolving a dispute using a third party, whose role is to assist the parties to find an amicable solution in a neutral manner”, explains Jérôme Hercé, a former bâtonnier of the bar of Rouen, appointed national ombudsman of the consumption of the legal profession.

The process is free of charge (except in the case of judicial mediation where the mediator intervenes at the request of a judge), but in a setting relatively strict. If, after having sent a written claim to the customer service, the consumer does not get satisfactory response, he has one year to refer to the ombudsman of the sector concerned (see list on Economics. gouv.fr/mediation-conso).

Then, if the case is admissible, the ombudsman shall notify the referral to both parties. The outcome of the procedure should take place within a maximum period of ninety days. The costs are the responsibility of the professional, according to the tariffs of the sector. They run around a hundred euros per folder. Some companies may, however, not to have joined the service and have set up their own ombudsman : you can then enter the one of your choice (article l. 152-1 of the consumer Code). It is better, however, to privilege the ombudsman sector, more independent.

The mediation, yet little known to the general public, slowly rises in power. “We have every reason to be optimistic about the development of the device”, stresses Jérôme Hercé, which, in less than a year, has received approximately 300 referrals. Of as much as a decree (no. 2015-282) stipulates that any complainant shall find an amicable solution before turning to a civil court. In addition, the results are waiting for you.

Attention, the mediation should not be confused with conciliation, which, however, is very close. Only notable difference : the mediator is a volunteer from the justice appointed by a judge. He also is responsible to encourage and promote the emergence of an amicable solution. The process remains free for the individual. Conciliation takes place, for example, for neighborhood conflicts in which the financial stakes do not exceed 4,000 euros. To find a facilitator near you, you can contact your town hall or visit the website Conciliateurs.fr.

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