Transcript Document

Chapter 44
Consumer Law
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A Division of Thomson Learning
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§ 1: Deceptive Advertising
Areas of Consumer Law Regulated by Statutes:
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Deceptive Advertising.
Labeling and Packaging.
Sales.
Credit Protections.
Consumer Health and Safety.
State Consumer Protection.
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Puffing
Vague generalities and obvious exaggerations
are permissible and not considered deceptive.
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Bait and Switch
The advertising of a product at an attractively
low price to lure customers in to buy more
expensive items.
Telemarketing and Electronic Advertising.
 The Telephone Consumer Protection Act (TCPA)
prohibits automated solicitation using automatic
telephone dialing system or a prerecorded voice.
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FTC Actions
Against Deceptive Advertising
The Federal Trade Commission, charged with
enforcing federal laws against deceptive
advertising, can, in appropriate circumstances:
 Issue cease and desist orders.
• With respect to a particular product or advertisement.
• With regard to multiple product orders.
 Impose counter-advertising.
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Telemarketing and
Electronic Advertising
 Telephone Consumer Protection Act 1991.
 Prohibits: telephone solicitations using automated dialing
systems or a pre-recorded voice or unsolicited faxes. Creates
private cause of action, either actual or $500 damages.
 Telemarketing and Consumer Fraud and Abuse
Prevention Act 1994.
 Requires telemarketers to identify themselves and not
misrepresent facts. Requires name to be removed from list.
 Case 44.1: FTC v. Growth Plus International Inc.
(2001).
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§ 2: Labeling and Packaging Laws
 Labeling must be accurate, and must use words that are
easily understood by the ordinary consumer.
 Product labeling and packaging are regulated by:
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Wool Products Labeling Act of 1939.
Fur Products Labeling Act of 1951.
Flammable Fabrics Act of 1953.
Fair Packaging and Labeling Act of 1966.
Smokeless Tobacco Health Education Act of 1986.
Nutrition Labeling and Education Act of of 1990.
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§ 3: Sales
Forms of Sales :
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Door-to-Door Sales.
Mail Order Sales.
Telephone and Mail-Order Sales.
Unsolicited Receipt of Merchandise.
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Door-to-Door Sales
Most states requires that, for door-to-door
sales, consumers have a post-sale “coolingoff” period during which they can cancel
their purchase without obligation.
Consumers are given the most favorable
benefits of the FTC rule and their own state
statutes.
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Telephone and Mail-Order Sales
 Telephone and mail order sellers can be subject to federal
mail and wire fraud statutes.
 FTC Rules require mail and telephone merchants to ship
orders within the time promised in their catalogues and
advertisements, to notify consumers when orders cannot
be shipped on time, and to issue timely refunds when
orders cannot be shipped.
 The Postal Reorganization Act of 1970 provides that
unsolicited merchandise sent by U.S. mail may be
retained, used, discarded, or disposed of in any manner
deemed appropriate, without the recipient’s incurring any
obligation to the sender.
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§ 4: Credit Protection
Consumer Credit is protected by:
 Truth in Lending Act.
 Fair Credit Reporting Act.
 Fair Debt Collection Practices Act.
 Wage Garnishment.
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Truth in Lending Act
 Requires all consumer lenders to compute the cost of a
loan the same way and to advertise it as an Annual
Percentage Rate (APR)
 Through the Equal Credit Opportunity Act, requires that
credit be extended without regard to race, sex, color,
national origin, age, or marital status
 Limits consumer liability for credit card debt in cases of
stolen cards
 Through the consumer Leasing Act of 1988, requires that
leasors of consumer items valued at less than $25,000
make certain disclosures
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Fair Credit Reporting Act
Limits the activities of credit reporting agencies.
Consumers have the right to access information
contained about them in a credit reporting
agency’s files and to require credit reporting
agencies to delete unverifiable information in a
consumer’s credit record.
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Fair Debt Collection Practices Act
 Prohibits Collection Agencies from the following:
 Type, times, and places that debt collectors can contact
debtors.
 Contacting third parties about payments.
 Using harassment or intimidation or employing false
misleading information.
 Contact debtor after notice of payment refusal.
 Requires that collectors provide validation notice to the
debtor, at the time of first contact.
 Case 44.2: Snow v. Jesse L. Riddle, P.C. (1998).
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Garnishment of Wages
 Legal procedure by which a creditor may collect on a
debt by directly attaching, or seizing, a portion of the
debtor’s assets (such as wages that are in the possession
of a third party.
 Debtor is entitled to notice and an opportunity to be
heard in a process of garnishment.
 Wages cannot be garnished beyond 25% of the debtor’s
after-tax earnings up to a maximum amount designed to
leave the debtor a specified minimum income.
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§ 5: Consumer Health and Safety
Federal Food, Drug, and Cosmetic Act.
 This statute protects consumers against adulterated
and misbranded foods and drugs.
Consumer Product Safety Act.
 This act created the Consumer Product Safety
Commission which has broad regulatory authority
over the safety of consumer products.
 Case 44.3: U.S. v. Mirama Enterprises, Inc. (2002).
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Law on the Web
Consumer.gov
Federal Trade Commission.
Legal Research Exercises on the Web.
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