Kto stanie po stronie konsumenta? Aktualne problemy ochrony praw klientów na polskim i amerykańskim rynku finansowym
Who will be on the consumer’s side? Current problems of clients’ rights protection in Polish and American financial markets)

Summary/Abstract: In 2020, both the American Consumer Financial Protection Bureau (CFPB) and the Polish Financial Ombudsman faced the possibility of abolishment. Due to the discrepancies in the case law of lower-level federal courts, regarding the compliance of the CFPB structure with the principle of separation of powers resulting from Art. 2 of the Constitution, the issue was resolved by the Supreme Court. This ruling should eliminate the doubts raised for many years by entities related to the financial market, seeking to eliminate actions aimed at strengthening the position of consumers in relation to such entitiesOn the other hand, Polish clients of financial market entities may not be able to obtain assis- tance from an independent and specialized entity – the Financial Ombudsman. His competences are to be taken over by the President of the Office of Competition and Consumer Protection, dealing mainly with competition protection and protection of collective consumer interests. Despite the objections of scientists, experts and various organizations, and despite a number of serious objections to the es- sence of the change in the consumer protection system as well as to specific solutions or omissions on the part of the drafters, the draft act abolishing the office of the Financial Ombudsman was approved by the Council of Ministers.

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