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Resource Center: Consumer protection
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Scams, hoaxes and false advertising have been around since Jacob tricked his brother Esau into selling him his birthright (Gen. 25: 29-34). So how do buyers ever trust sellers — and how do sellers gain that trust? Who sets the standards, and who enforces them? Over time, consumers, businesses and the government have developed ways of protecting themselves and maintaining standards in business and advertising. These include Consumers Union, the Better Business Bureaus, and the US Government's Federal Trade Commission. Used properly, these resources can effectively better the consumer experience — and improve business, as well:

Do your homework. Consulting a source you trust is an important first step to making a purchase. Who should you ask?

  • Friends, family and the guy on the street. You may want to ask around about how long the product has lasted and if it is dependable and easy to use. Try to get the opinion of more than one person, because experience is subjective and varies drastically — and product quality can vary as well. Anecdotal evidence can be useful, but it only goes so far. Another problem is bias. Would you trust your friend Ira if he told you he sold the best vacuum cleaners on this side of the Mississippi? He might be trustworthy about most things, but in this situation, he has a conflict of interest. He wants to do what's good for you, but he is looking out for himself, too. So, who can you trust?

  • Independent reviewers. To maintain integrity, some independent reviewers do not accept any advertising. This means that, in theory, they don't have any reason to skew their reviews in favor of a major advertiser or supplier. Find reviews and tips on a range of topics at the government's consumers portal, or visit Consumer Reports. CR is published by Consumers Union, a nonprofit organization whose aim is to protect the consumer. The products it tests are bought on the open market, not donated by companies or distributors, and it doesn't allow its reviews to be used for commercial purposes. Some review resources are dedicated to a single industry, such as PC Magazine and CNET (technology), Forbes (business/markets/finance) and Edmunds (cars). ConsumerSearch takes a different approach, compiling reviews on each product and ranking the reviews themselves before finally ranking the products.

  • A little detective work. Some companies provide services, not products. How can you research a service? Look up the company. Say you want to have your house painted, and who offers to do the job but your pal, Ira. Already skeptical, you decide to do a little sleuthing, and a search for "Ira's Irregular Indigos" on the Better Business Bureau search site turns up the following report: "Ira's Irregular Indigos is a member company with a satisfactory record." This means Ira's is in good standing with the BBB; his company has been in business for at least 12 months, nobody has complained about those strange blues, and the company conforms to the BBB's ethical business codes (or Ira has managed to resolve all complaints in a satisfactory manner). If, however, your search turns up an unsatisfactory report, it could indicate problems ranging from false advertising to bad service to a return policy not adhered to — or, worse, a pattern of bad business behavior that the company has consistently refused to address.

Share your knowledge. You've done the research, made an informed decision, and at long last the product is in your hands. What a relief! Ira's vacuum cleaner was a killer investment, and you've told all your friends its super-suction is going to keep your house clean for generations to come. (It even picked up some errant splatter from his otherwise successful paint job.) Your less fortunate neighbor, however, picked his painter randomly out of the yellow pages. After offering a year's guarantee, the company then refused to either compensate or redo the job when the paint started to peel after only three months. He's complained to you, and he's begged his buddies to help him repaint (and promised to supply ample pizza, of course). But he's neglected to take the most important step: reporting the company's irresponsible, unethical behavior to the authorities. Each industry has its own watchdog:

  • Report an injury, death or unsafe product to the US Consumer Product Safety Commission (CPSC).

  • Problems with food, drugs and cosmetics should be registered at the US Food and Drug Administration (FDA).

  • Lodge complaints about businesses, companies and charities at the Better Business Bureau. BBB member businesses operate on the basis of voluntary self-regulation and they work to resolve disputes speedily and out of court. The BBB does not have the authority to take legal action against offending companies, but it can refer cases to the Federal Trade Commission (FTC). You can also register complaints directly using the FTC consumer complaint form.

  • File e-commerce complaints at econsumer.gov.

  • Contact the National Fraud Information Center about cases of Internet or telemarketing fraud.

Did you know? Some "products" are advertised in millions of locations every day but will never be found on the shelf of any store or home. Ad Council, a nonprofit organization, uses volunteer talent and resources to produce, distribute and promote campaigns designed to effect social change. Since the early 1940s, these campaigns have contributed a vast awareness of social issues using unforgettable images and role models. During WWII, Rosie the Riveter drew millions of women out of their homes and into the workforce, when such a move was not yet considered socially acceptable. After more than 50 years, her contemporary, Smokey Bear, still warns: "Only you can prevent forest fires." And let's not forget the detectively McGruff, teaching children to bravely "take a bite out of crime" since the late '70s. The same organization brought forth "Friends don't let friends drive drunk" and those unfortunate — yet resilient — seat-belt-promoting Crash Test Dummies. It also introduced the familiar slogans "A mind is a terrible thing to waste" (as part of another '70s drive to raise funds for the United Negro College Fund) and "Just Say No" (the anti-drug-use campaign).

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Marketing Dictionary: consumer protection
 

Efforts to ensure that products purchased by consumers are safe to use, will meet all express or implied performance standards, that consumers will have adequate information to make safe purchase and use decisions, that marketers are prevented from using fraudulent methods to sell their products, and that marketers compete fairly in the marketplace. To achieve their objectives, consumer protection advocates, including individual consumers like Ralph Nader, and government agencies and businesses, use federal and state legislation, class action lawsuits, organized consumer actions like boycotts, and mass media tools like local newspaper columnists and 60 Minutes type exposés. See also clayton act; consumerism; consumer product safety commission; federal trade commission; food and drug administration; sherman antitrust act; truth-in-lending act; wheeler-lea act.

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Business Dictionary: Consumer Protection
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Laws designed to aid retail consumers of goods and services that have been improperly manufactured, delivered, performed, handled, or described. Such laws provide the retail consumer with additional protection and remedies not generally provided to merchants and others who engage in business transactions.

 
Britannica Concise Encyclopedia: consumer protection
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Legal framework promoting customer safety and education and providing protection from hazardous or substandard products and from fraud. In the U.S., the Federal Trade Commission (established 1914) and the Food and Drug Administration (established 1927) help ensure consumer protection. Regulations address manufacture and design, advertising, labeling, and sales methods. In 1985 the UN produced its Guidelines for Consumer Protection (updated 1995); they cover consumer safety and product standards and education, providing a framework and a benchmark for governments (particularly of less developed countries) to establish a legal basis for consumer protection. See also consumerism, Ralph Nader.

For more information on consumer protection, visit Britannica.com.

 
US History Encyclopedia: Consumer Protection
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Legislative protection of the consumer dates back to the codes of antiquity. On the North American continent, provisions protecting consumers were incorporated into the earliest colonial codes. The 1648 Laws and Liberties of Massachusetts, for example, regulated the price of bread and butter, set standards for barrels and staves, and provided for inspections of commercial enterprises to ensure compliance with these regulations. A century and a half later, the architects of the new nation gave the federal government the power to promote consumer protection by granting Congress the Constitutional authority to "regulate Comerce … among the several States," and to "coin Money, regulate the Value thereof, … and fix the Standard of Weights and Measures."

Just as the economy underwent a transformation in the nineteenth century, so too did the amount and nature of consumer protection. In colonial agrarian communities, the buyer was effectively shielded by his knowledge of products and often by strong community sanctions against fraudulent practices. Rapid population growth, the rise of urban centers, and industrialization with its specialization and division of labor undermined these traditional protections. As a consequence, during the early nineteenth century, state and local authorities passed a deluge of economic restrictions. They enacted laws controlling the manufacture and sale of a wide range of products including chocolate, clapboards, firewood, fish, flax-seed, gunpowder, hops, nails, oils, sandals, shingles, shoes, and wood. They expanded the number of trades for which one needed a license. And they passed laws dealing with public markets, sale of unwholesome provisions, monopolies, frauds, usury, and weights and measures.

One feature of this early regulatory regime was that authority was local and diffuse. Legislatures did not create agencies to protect consumers, but rather gave this responsibility to an array of local and public officials—including mayors, justices of the peace, inspectors, weighers, cullers, surveyors, measurers, and gaugers. In the late nineteenth century, however, social and economic changes led to a centralization of regulatory authority and new mechanisms for protecting consumers. By the early twentieth century, a movement to create state commissions to regulate electric and gas utilities was sweeping across the country. During this same period, federal intervention in the economy became directed at stabilizing industries wracked by competition, while at the same time protecting consumers. Following journalistic exposés of the sale of unsanitary meats and the peddling of worthless patent medicines, Congress passed the Meat Inspection Act and the Pure Food and Drug Act in 1906. That same year, it expanded the powers of the Interstate Commerce Commission to include railroad rate-setting. And in 1914, Congress established the Federal Trade Commission to monitor false and misleading advertising.

Much of this late-nineteenth-and early-twentieth-century consumer legislation was ineffective because of narrow court interpretations and inadequate enforcement. Furthermore, the business community often helped draft the legislation and favored regulatory strategies that ameliorated only the worst effects of competition and that did not offer the most comprehensive or effective protection to consumers. Out of this milieu emerged a consumer movement directed at the proliferation of rival, often exaggerated product claims and dubious business practices. The advertising industry responded by creating the National Better Business Bureau in 1925 in an effort at self-policing. The Bureau was to monitor the integrity of national advertising, but it had to rely on voluntary codes of conduct since it had no enforcement powers. Private consumer education groups and club-women pushed for more protective legislation and published "guinea pig" books, which warned against product quackery. This agitation lead to the creation of Consumers Research in 1928, a private nonprofit organization designed to substitute the publication of laboratory test results for partisan advertising claims. Consumers Research was soon to be overshadowed by a rival nonprofit testing organization, Consumers Union, formed in 1936. The latter had by the beginning of the twenty-first century, a subscription roster of over four million for its magazine Consumer Reports.

These early consumer testing efforts greatly accelerated the growth of consumer legislation, including amendments that strengthened the Food and Drug Act and the Federal Trade Commission law and laws that mandated and supported consumer protection efforts in the Department of Agriculture, the Department of Transportation, and a host of other federal, state, and local govern-mental agencies. In 1961, President John F. Kennedy formed the Consumer Advisory Council. Lyndon B. Johnson established the position of special assistant on consumer affairs and the President's Committee on Consumer Interests.

These new executive branch offices reflected the emergence of the modern consumer movement. And the man most responsible for the modern consumer movement was Ralph Nader. Nader can claim credit for some of the nation's most important federal consumer protection laws, including the National Traffic and Motor Vehicle Safety Act (1966), the Freedom of Information Act (1966), and the Consumer Product Safety Act (1972). Perhaps Nader's greatest success was improved auto safety. His 1965 book, Unsafe at Any Speed, exposed the safety mishaps and design flaws of U.S. automobiles and spurred safety and design changes in the auto industry leading to such innovations as seat belts, air bags, and antilock brakes. Traffic deaths in the United States fell from roughly 55,000 in the early 1970s to 47,000 in 1990 due to Nader's efforts as well as such other factors as the raising of the drinking age to twenty-one in most states.

Nader extended and institutionalized his effort by using the almost half-million dollars he received from General Motors to settle an invasion of privacy lawsuit in the 1960s to fund a network of dozens of consumer groups. These organizations became training grounds for political activists and lawyers. Some of Nader's Raiders eventually went into private law practice where they continued to sue businesses on behalf of injured consumers and workers, helping to generate an increase in tort lawsuits in the 1970s and 1980s. Many of these lawsuits addressed real wrongs. Thousands of women were part of the class-action suits brought against the manufacturers of tampons causing toxic shock syndrome, a form of poisoning that killed or permanently injured the women. The lawsuit won millions of dollars in damages for women around the country and forced tampon manufacturers to alter their products. Lawsuits also recovered damages for victims of the Ford Pinto, an automobile that, because of a design flaw, tended to explode and burn when struck from behind. Businesses claimed, however, that many lawsuits were filed on much less justifiable grounds, clogging the courts and leading to outlandish jury verdicts, particularly when juries awarded punitive damages designed to punish defendants for their actions rather than compensate plaintiffs.

Nader did not work alone. The Consumer Federation of America formed national, state, and local consumer organizations in the 1960s and 1970s to assist in the handling of buyers' complaints, to lobby for legislation, and to introduce consumer education into the schools. Other organizations emerged, such as the Center for Science in the Public Interest, to support research and advocacy. And consumer testing organizations similar to the Consumers Union sprang up abroad and became federated in an International Organization of Consumers Unions founded in The Hague in 1960 to afford an international technical interchange.

As the modern consumer movement matured during the late 1970s and into the 1980s and 1990s, it found itself both enjoying the successes of trying to improve product safety and consumer awareness but also battling strong political and business attempts to curb or eliminate the movement's power. The consumer movement's successes included such important safety measures as the standard use of seat belts and air bags in cars and trucks sold in the United States. Consumers could also learn about the nutritional level of the packaged foods they bought, once the federal government, under prodding of the consumer movement, forced foodmakers to include such labeling on products. The movement also showed success on the anti-smoking front, with many public and private places across the country banning smoking. In addition, it forced regulatory agencies to recognize that their mission is not centrally that of assisting business but of helping to provide honest and fair dealing in the marketplace.

To others, however, the movement's maturity strangled the nation and business with regulations, increased costs for consumers, employed too many nonproductive lawyers, and added to the individual and collective sense of aggrievement that permeated much of American society during the late twentieth century. As conservatives reasserted their power—first with Ronald Reagan's two terms as president during the 1980s, then with the Republican sweep of the 1994 congressional elections—many of the political and bureaucratic gains of the consumer movement came under attack. Taking their cue from the 1994 campaign document known as the "Con-tract with America," congressional Republicans introduced legislation the following year to curb or repeal such legislation as the Clean Water (1967) and Clean Air (1970) acts, which they deemed harmful to business. They continued efforts begun in the 1980s to restrict punitive damages. They sought to severely restrict the ability of stockholders to sue a company while also making it more difficult to sue a company for product liability. And they moved to repeal some of the nation's banking and bankruptcy laws that benefited consumers. Although some of these efforts were successful, the strength of the consumer movement and the deep public support for its fundamental aims ensured strong resistance to any serious threats to the laws and regulatory apparatus that provides protection to consumers.

Bibliography

Goodwin, Lorine Swainston. The Pure Food, Drink, and Drug Crusaders, 1879–1914. Jefferson, N.C.: McFarland, 1999.

Holsworth, Robert D. Public Interest Liberalism and the Crisis of Affluence: Reflections on Nader, Environmentalism, and the Politics of a Sustainable Society. Boston: G.K. Hall, 1980.

McCraw, Thomas K. Prophets of Regulation. Cambridge, Mass.: Belknap Press of Harvard University Press, 1984.

Mayer, Robert N. The Consumer Movement: Guardians of the Marketplace. Boston: Twayne Publishers, 1989.

Nader, Ralph. Crashing the Party: Taking on the Corporate Government in an Age of Surrender. New York: Thomas Dunne Books/St. Martin's Press, 2001.

Novak, William J. The People's Welfare: Law and Regulation in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 1996.

Silber, Norman Isaac. Test and Protest: The Influence of Consumers Union. New York: Holmes & Meier, 1983.

—Thomas G. Gress

 
Law Encyclopedia: Consumer Protection
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This entry contains information applicable to United States law only.

Consumer protection laws are federal and state statutes governing sales and credit practices involving consumer goods. Such statutes prohibit and regulate deceptive or unconscionable advertising and sales practices, product quality, credit financing and reporting, debt collection, leases, and other aspects of consumer transactions.

The goal of consumer protection laws is to place consumers, who are average citizens engaging in business deals such as buying goods or borrowing money, on an even par with companies or citizens who regularly engage in business. Historically, consumer transactions— purchases of goods or services for personal, family, or household use — were presumed fair because it was assumed that buyers and sellers bargained from equal positions. Starting in the 1960s, legislatures began to respond to complaints by consumer advocates that consumers were inherently disadvantaged, particularly when bargaining with large corporations and industries. Several types of agencies and statutes, both state and federal, now work to protect consumers.

Consumer Product Safety Commission

In 1972, Congress established the Consumer Product Safety Commission (CPSC). It is the job of the CPSC to protect consumers from faulty or dangerous products by enacting mandatory safety standards for those products. The CPSC has the authority to ban products from the marketplace or to recall products (when a product is recalled, it is removed from the shelves or sales lots, and consumers may be able to return it to the manufacturer or place of purchase for repair, replacement, or a refund). Still, the agency has trouble protecting consumers from hazardous products of which it is unaware.

In recent years, the CPSC has fallen victim to federal budget cuts: from 1975 to 1990, the agency's budget decreased 60 percent. Reductions in the agency's legal staff have prompted the CPSC to rely more and more on manufacturers to voluntarily recall their defective or hazardous products. When manufacturers do not cooperate, the CPSC must commence a legal action that may take years to resolve. Of 176 product recalls the CPSC supervised in 1993, almost all were voluntary. Manufacturers, by law, must report product safety problems to the CPSC, and the CPSC may fine manufacturers who fail to do so up to $1.25 million.

Unfair or Deceptive Trade Practices

The U.S. Federal Trade Commission (FTC), the largest federal agency that handles consumer complaints, regulates unfair or deceptive trade practices. Even local trade practices deemed unfair or deceptive may fall within the jurisdiction of FTC laws and regulations when they have an adverse effect on interstate commerce.

In addition, every state has enacted consumer protection statutes, which are modeled after the Federal Trade Commission Act (15 U.S.C.A. § 45(a)(1)). These acts allow state attorneys general and private consumers to commence lawsuits over false or deceptive advertisements, or other unfair and injurious consumer practices. Many of the state statutes explicitly provide that courts turn to the federal act and interpretations of the FTC for guidance in construing state laws.

The FTC standard for unfair consumer acts or practices has changed with time. In 1964, the agency instituted criteria for determining unfairness when it enacted its cigarette advertising and labeling rule: a practice was deemed unfair when it (1) offended public policy as defined by statutes, common law, or otherwise; (2) was immoral, unethical, oppressive, or unscrupulous; and (3) substantially injured consumers. The FTC changed the standard in 1980. Now, substantial injury of consumers is the most heavily weighed element, and it alone may constitute an unfair practice. Such an unfair practice is illegal pursuant to the Federal Trade Commission Act unless the consumer injury is outweighed by benefits to consumers or competition, or consumers could not reasonably have avoided such injury. The FTC may still consider the public policy criterion, but only in determining whether substantial injury exists. Finally, the FTC no longer considers whether conduct was immoral, unethical, oppressive, or unscrupulous.

The FTC has also developed, over time, its definition of deceptive acts or practices. Historically, an act was deceptive if it had the tendency or capacity to deceive, and the FTC considered the act's effect on the ignorant or credulous consumer. A formal policy statement made by the FTC in 1988 changed this definition: currently, a practice is deceptive if it will likely mislead a consumer, acting reasonably under the circumstances, to that consumer's detriment.

False advertising is often the cause of consumer complaints. At common law, a consumer had the right to bring an action against a false advertiser for fraud, upon proving that the advertiser made false representations about the product, that these representations were made with the advertiser's knowledge of or negligent failure to discover the falsehoods, and that the consumer relied on the false advertisement and was harmed as a result. In 1911, an advertising trade journal called Printer's Ink proposed model legislation criminalizing false advertisements. Forty-four states enacted statutes based on this model statute. However, because of the difficulty in proving beyond a reasonable doubt an advertiser's dishonesty, prosecutors seldom use these criminal laws. More frequently, the state attorneys general or the FTC regulates false advertising. For example, the FTC can issue a cease and desist order, forcing a manufacturer to stop advertising, or compelling the advertiser to make corrections or disclosures informing the public of the misrepresentations.

Truth in Lending Act

Consumer credit— home mortgages, student financial aid, and credit cards, for example — is an area fraught with complicated finance terms, and Congress has designed laws requiring lenders to fully disclose and explain those terms to potential borrowers. The Consumer Credit Protection Act of 1968 (15 U.S.C.A. § 1601 et seq.), also known as the Truth in Lending Act, prohibits lenders from advertising loan terms that are only available to preferred borrowers. In addition, advertisements for consumer credit transactions cannot disclose partial terms; either all the terms of the transaction or none of them must be spelled out. Finally, when the terms of credit provide for repayment in more than four installments, the agreement must conspicuously state that "the cost of credit is included in the price quoted for the goods and services."

The Truth in Lending Act is designed to protect society as a whole, and therefore does not provide the individual consumer with a personal cause of action when a lender violates the law. Nor are publishers of advertising, such as radio, newspapers, and television, generally held liable for lenders' advertisements that violate the act. Finally, the act does not consider statements made by salespeople in the course of selling products or services to be advertisements, therefore the law does not apply to those statements.

Warranties

Warranties are promises by a manufacturer, made to the consumer purchasing the manufacturer's product, that the product will serve the purpose for which it was designed. The Uniform Commercial Code is a law, adopted in some form in all states, that regulates sales transactions and specifically the three most common types of consumer warranties: express, merchantability, and fitness.

Express warranties are promises included in the written or oral terms of a sales agreement that assure the quality, description, or performance of the product. Express warranties are usually included in the sales contract, or are written in a separate pamphlet and packaged with the merchandise sold to the consumer. These warranties may be less obvious than are product advertisements. A consumer who relies on a written description of a product in a catalog or on a sample of a product may have a cause of action if the actual product differs. Express warranties can also be verbal, such as promises made by salespeople. However, because oral warranties are extremely difficult to prove, they are rarely litigated.

Merchantability and fitness warranties are both implied warranties, which are promises that arise by operation of law. A warranty of merchantability concerns the basic understanding that the product is fit to be purchased and used in the ordinary way — for instance, a lamp will provide light, a radio will pick up broadcast stations, and a refrigerator will keep food cold. A warranty of fitness concerns the consumer's purpose in purchasing a product, and allows the consumer to rely on the seller to offer goods only if they are suitable for that particular purpose. For example, there may be a breach of the implied warranty of fitness if a salesperson knowingly sells a consumer software that is not designed for operation on the consumer's computer. For a breach-of-implied-warranty claim to be successful, the consumer must establish that an implied warranty existed and was breached, that the breach harmed the consumer, that the consumer dealt with the party responsible for the implied warranty, and that the consumer notified the seller within a reasonable time. Implied warranties may be disclaimed by the seller if they are denied expressly and specifically at the time of the sale.

The Magnuson-Moss Warranty Act (15 U.S.C.A. § 2301 et seq.) is a federal law that requires sellers to explain, in easy-to-understand language, the terms of warranties that apply to written sales contracts for items costing $5 or more. Under this act, when a product fails to meet the standards promised by the warranty, the seller must repair it, replace it, or refund the purchase price.

Consumer Remedies

Laws protecting consumers vary in the remedies they provide to consumers for violations. Many federal laws merely provide for public agencies to enforce consumer regulations by investigating and resolving consumer complaints. For example, in the case of a false advertisement, a common remedy is the FTC-ordered removal of the offensive advertisements from the media. In other circumstances, consumers may be entitled to money damages, costs, and attorneys' fees; these remedies can be effective in a case involving a breach of warranty. Depending on the amount of damages alleged, consumers may bring such actions in small-claims courts, which tend to be speedier and less expensive than trial courts. Alternative dispute resolution (ADR) is another option for consumers. Some states pass consumer protection statutes that require some form of ADR — usually arbitration or mediation — before a consumer can seek help from the courts. Finally, when a large number of consumers have been harmed in the same way as a result of the same practice, they may join in a class action, a single lawsuit in which one or more named representatives of the consumer group sue to redress the injuries sustained by all members of the group.

 
Wikipedia: Consumer protection
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Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and unable to take care of themselves. Consumer Protection laws are a form of government regulation which protects the interests of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace.

Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in Competition law.

Consumer protection can also be asserted via non-government organizations and individuals as consumer activism.

Contents

Consumer law

"Consumer protection law" or "consumer law" is considered an area of public law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions.

Such laws deal with credit repair, debt repair, product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy and much more.

European Union

The European Union has been very active in the field of consumer protection, producing a considerable volume of Directives which require member states to regulate consumer protection to a particular standard (which may or may not allow a higher standard of regulation).

A very important innovation has been the Unfair Commercial Practices Directive. Also Directives on Unfair Contract Terms (93/13/EC) and Electronic Commerce (2000/13/EC). There exists a European Commissioner for Consumer Protection, a post currently held by the Bulgarian Meglena Kuneva.

Germany

The Federal Republic of Germany is a member state of the European Union and is bound by the consumer protection directives of the European Union. Thus a large part of German consumer protection law has been enacted pursuant to European Directives (e.g. the directives on door-to-door sales, consumer credits, distance selling, package tours, product liability, etc.) In 2002, a large part of this legislation was integrated into the German Civil Code ("Bürgerliches Gesetzbuch").

A minister of the federal cabinet is responsible for consumer rights and protection (Verbraucherschutzminister). In the current cabinet of Angela Merkel, this is Horst Seehofer.

When issuing public warnings about products and services, the issuing authority has to take into account that this affects the supplier's constitutionally protected economic liberty (article 12 Basic Law, see Bundesverwaltungsgericht (Federal Administrative Court)Case 3 C 34.84, 71 BVerwGE 183.

Republic of China (Taiwan)

Consumer Protection Law in the Republic of China is the national special law which specifically protects the interests and safety of end-user using the products or services provided by business operators. Consumer Protection Commission of Executive Yuan serves as an ombudsman supervising, coordinating, reporting any unsafe products/services and periodically reviewing the legislation.

United Kingdom

The United Kingdom is a member state of the European Union and so is bound by the consumer protection directives of the European Union. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter judicially treated as tort, contract, restitution or even criminal law.

Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading[2] will then investigate, impose an injunction or take the matter to litigation.

The Office of Fair Trading[1] also acts as the UK's official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by Trading Standards departments. General consumer advice can be obtained from Consumer Direct or via a local branch of the Citizen's Advice Bureau.

Other Commonwealth countries

In Australia the corresponding agency is the Australian Competition and Consumer Commission or the individual State Consumer Affairs agencies. In New Zealand, the corresponding agency is the Ministry of Consumer Affairs [3] and the New Zealand Commerce Commission.

United States

Consumer protection laws often mandate the posting of notices, such as this one which appears in all automotive repair shops in California

In the United States a variety of laws at both the federal or state levels regulate consumer affairs. Among them are the federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Truth in Lending Act, Fair Credit Billing Act, and the Gramm-Leach-Bliley Act. Federal consumer protection laws are mainly enforced by the Federal Trade Commission and the U.S. Department of Justice.

At the state level, many states have a Department of Consumer Affairs devoted to regulating certain industries and protecting consumers who use goods and services from those industries.

For example, in the U.S. state of California, the California Department of Consumer Affairs regulates about 2.3 million professionals in over 230 different professions, through its forty regulatory entities.

In addition, California encourages its consumers to act as private attorneys general through the liberal provisions of its Consumers Legal Remedies Act, Cal. Civil Code § 1750 et seq.

California has the nation's strongest consumer protection laws, partly because of rigorous advocacy and lobbying by groups such as Utility Consumers' Action Network[4], Consumer Federation of California and Privacy Rights Clearinghouse.

Consumer advocacy groups

Laws

United Kingdom

United States

General consumer protection laws
Privacy Laws
Food & Drug
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Banking
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Health Insurance
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Australia

References

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See also

People

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Answers Corporation Resource Center. © 1999-2009 by Answers Corporation. All rights reserved.  Read more
Marketing Dictionary. Dictionary of Marketing Terms. Copyright © 2000 by Barron's Educational Series, Inc. All rights reserved.  Read more
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Britannica Concise Encyclopedia. Britannica Concise Encyclopedia. © 2006 Encyclopædia Britannica, Inc. All rights reserved.  Read more
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Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Consumer protection" Read more