1. Consumer protection
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Consumer protection consists of laws and organizations designed to ensure the rights of
consumers as well as fair trade 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 those unable to take care of themselves. Consumer protection laws are a form of
government regulation which aim to protect the rights 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 and get
help with consumer complaints.
Other organizations that promote consumer protection include government organizations and
self-regulating business organizations such as consumer protection agencies and organizations,
the Federal Trade Commission, ombudsmen, Better Business Bureaus, etc.
A consumer is defined as someone who acquires goods or services for direct use or ownership
rather than for resale or use in production and manufacturing.[1]
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.
Consumer law
Consumer protection law or consumer law is considered an area of 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.
Consumer protection laws deal with a wide range of issues including credit repair, debt repair,
product safety, service and sales contracts, bill collector regulation, pricing, utility turnoffs,
consolidation, personal loans that may lead to bankruptcy.
2. Germany
A minister of the federal cabinet is responsible for consumer rights and protection
(Verbraucherschutzminister). In the current cabinet of Angela Merkel, this is Ilse Aigner.
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 (Taiwan) 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
See also: Consumer protection in the United Kingdom, Consumer Credit Act 1974, Unfair Contract Terms
Act 1977, Unfair Terms in Consumer Contract Regulations 1999, and Unfair Contract Terms Bill
The United Kingdom, as member state of the European Union, is bound by the consumer
protection directives of the EU. 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[3] will then investigate, impose an injunction or take the
matter to litigation. However, consumers cannot directly complain to the OFT. Complaints need
to be made to Consumer Direct who will provide legal advice to complainants, or re-direct the
individual complaint to Trading Standards for investigation. Due to restrictions within the
Enterprise Act 2002, individual complainants are unable to be told whether their case is being
investigated or not. In very rare cases, Consumer Direct may direct a very large number of
complaints to the OFT to be considered as a systemic complaint. The OFT can also be engaged
by consumer groups e.g. The Consumers Association or the statutory consumer protection body -
Consumer Focus - via a super complaint. The OFT rarely prosecute companies, however,
preferring a light touch regulation approach. Consumer complaints against companies are not
published, but investigation work, undertakings and enforcements are located at.[2] Many of the
consumer protection laws e.g. Distance Selling Regulations 2000 or Unfair Terms in Consumer
Contracts Regulations 1999 (12 years ago) are actually UK implementations of EU directives.
The OFT is one of the bodies responsible for enforcing these rules. This leads to a problem in
that these examples of legislation are clearly designed to deal with individual complaints but the
OFT will only deal with systemic complaints and will ignore individual complainants redirecting
them back to Consumer Direct.
3. The Office of Fair Trading[3] 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. The Australian Securities and Investments
Commission has responsibility for consumer protection regulation of financial services and
products.
In New Zealand, the corresponding agency is the Ministry of Consumer Affairs [4] and the New
Zealand Commerce Commission.
In India, the relevant agency is the National Consumer Disputes Commission [5] and the
Ministry of Consumer Affairs [6]. Also organisations like Akosha.com and Mouthshut.com play
a vital role in helping consumers articulate their concerns and resolves their problems as well. In
India the major law governing the consumer protection is Consumer Protection Act of 1986 --
Under this law Separate Consumer tribunals have been set up throughout India in each and every
district in which a consumer [complaint can be filed by both the consumer of a goods as well as
of the services] can file his complaint on a simple paper without paying any court-fees and his
complaint will be decided by the Presiding Officer of the District Level. Appeal could be filed to
the State Consumer Forum and after that to the national Consumer Forum. The procedures in
these tribunals are relatively less formal and more people friendly and they also take less time to
decide upon a legal [consumer] dispute when compared to the years long time taken by the
traditional Indian judicial courts. IN recent years many effective judgement have been passed by
some state and National Consumer Forums.
United States
4. 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 and 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 adopted the Uniform Deceptive Trade Practices Act
including, but not limited to, Delaware, Illinois, Maine, and Nebraska. The deceptive trade
practices prohibited by the Uniform Act can be roughly subdivided into conduct involving either
a) unfair or fraudulent business practice and b) untrue or misleading advertising. The Uniform
Act contains a private remedy with attorneys fees for prevailing parties where the losing party
"willfully engaged in the trade practice knowing it to be deceptive". Uniform Act §3(b). Also,
the majority of states have a Department of Consumer Affairs devoted to regulating certain
industries and protecting consumers who use goods and services from those industries.[4] For
example, in 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 strongest consumer protection laws of any US state, partly because of rigorous
advocacy and lobbying by groups such as Utility Consumers' Action Network [7], Consumer
Federation of California and Privacy Rights Clearinghouse.
Other states have been the leaders in specific aspects of consumer protection. For example
Florida, Delaware and Minnesota have legislated requirements that contracts be written at
reasonable readability levels as a large proportion of contracts cannot be understood by most
consumers who sign them.[5]
Consumer advocacy groups
Main article: Consumer organization
Laws
Competition law
United Kingdom
Unfair Contract Terms Act 1977
Sale of Goods Act 1979
Consumer Protection Act 1987
Unfair Terms in Consumer Contracts Regulations 1999
Consumer Protection (Distance Selling) Regulations 2000
Electronic Commerce Regulations 2002
5. Enterprise Act 2002
General Product Safety Regulations 2005
Consumer Protection from Unfair Trading Regulations 2008
United States
Consumer Product Safety Act - gives the Consumer Product Safety Commission the power to
develop safety standards and pursue recalls for products
Federal Trade Commission Act - created the Federal Trade Commission (FTC) to prevent unfair
competition, deceptive acts, regulate trade, etc.
Privacy Laws
United States National Do Not Call Registry - allows US consumers to limit telemarketing calls
they receive.
Food & Drug
Pure Food and Drug Act - led to the creation of the U.S. Food and Drug Administration (FDA) to
regulate foods, drugs, and more.
Communications
Communications Act of 1934 - created the Federal Communications Commission (FCC) to
regulate all radio and interstate cable, phone, and satellite communications.
Banking
Fair Credit Reporting Act (FRCA) - regulates the collection, dissemination, and use of consumer
credit information
Fair Debt Collection Practices Act (FDCPA) - eliminate abusive consumer practices, ensure
fairness, etc.
Truth in Lending Act (TILA) - requires clear disclosure of key terms of the lending arrangement
and all costs.
Real Estate
Real Estate Settlement Procedures Act (RESPA) - prohibits kickbacks and requires lenders to
provide a good faith estimate of costs
Health Insurance
Health Insurance Portability and Accountability Act (HIPAA) - provides consumer protection for
Health Information
Digital Media
6. Digital Millennium Copyright Act - prohibits production or sale of devices or services intended to
circumvent copyright measures.
Digital Media Consumers' Rights Act (proposed) - would repeal the Digital Millennium Copyright
Act
Australia
The Australian Consumer Law
Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001 [8] in
relation to financial services and products
See also