Consumer protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against
unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws
are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an
advantage over competitors or to mislead consumers. They may also provide additional protection for the
general public which may be impacted by a product (or its production) even when they are not the direct
purchaser or consumer of that product. For example, government regulations may require businesses to
disclose detailed information about their products—particularly in areas where public health or safety is an
issue, such as with food or automobiles.
Consumer protection is linked to the idea of consumer rights and to the formation of consumer
organizations, which help consumers make better choices in the marketplace and pursue complaints against
businesses. Entities that promote consumer protection include government organizations (such as the
Federal Trade Commission in the United States), self-regulating business organizations (such as the Better
Business Bureaus in the US, Canada, England, etc.), and non-governmental organizations that advocate for
consumer protection laws and help to ensure their enforcement (such as consumer protection agencies and
watchdog groups).
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. Consumer interests can also serve consumers, consistent
with economic efficiency, but this topic is treated in competition law. Consumer protection can also be
asserted via non-government organization's and individuals as consumer activism.
Efforts made for protection of consumer's right and interest are:
The right to satisfaction of basic needs
The right to safety
The right to be informed
The right to choose
The right to be heard
The right to redress
The right to consumer education
The right to a healthy environment
Contents
Consumer law
Australia
Brazil
Germany
India
Nigeria
Taiwan
United Kingdom
United States
Laws
United Kingdom
United States
Australia
See also
Consumer issues
People
References
Further reading
External links
Consumer law
Consumer protection law or consumer law is considered as 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 consumers/business
interactions. It is a way of preventing frauds and scams from service and sales contracts, eligible fraud, bill
collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy.
There have been some arguments that consumer law is also a better way to engage in large-scale
redistribution than tax law because it does not necessitate legislation and can be more efficient, given the
complexities of tax law.[1]
The following lists consumer legislation at the nation-state level. In the EU member state Germany, there is
also the applicability of law at the EU level to be considered; this applies on the basis of subsidiarity.
Australia
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. However, in practice, it
does so through privately run EDR schemes such as the Financial Ombudsman Service (Australia).
Brazil
In Brazil, consumer protection is regulated by the Consumer's Defense Code (Código de Defesa do
Consumidor),[2] as mandated by the 1988 Constitution of Brazil. Brazilian law mandates "The offer and
presentation of products or services must ensure correct, clear, accurate and conspicuous information in the
Portuguese language about their characteristics, qualities, quantity, composition, price, guarantee, validity
and origin, among other data, as well as the risks they pose to the health and safety of consumers."[3] In
Brazil, the consumer does not have to bring forward evidence that the defender is guilty. Instead, the
defense has to bring forward evidence that they are innocent.[2] In the case of Brazil, they narrowly define
what a consumer, supplier, product, and services are, so that they can protect consumers from international
channels trade laws and protect them from negligence and misconduct from international suppliers.
Germany
Germany, as a member state of the European Union, is bound by the consumer protection directives of the
European Union; residents may be directly bound by EU regulations. A minister of the federal cabinet is
responsible for consumer rights and protection (Verbraucherschutzminister). In the current cabinet of Olaf
Scholz, this is Steffi Lemke.
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, see Bundesverwaltungsgericht
(Federal Administrative Court) Case 3 C 34.84, 71 BVerwGE 183.[4]
India
In India, consumer protection is specified in The Consumer
Protection Act, 2019. Under this law, Separate Consumer Dispute
Redress Forums have been set up throughout India in each and
every district in which a consumer can file his/her complaint on a
simple paper with nominal court fees and his/her complaint will be
decided by the Presiding Officer of the District Level. The
complaint can be filed by both the consumer of a goods as well as
of the services. An appeal could be filed to the State Consumer
Disputes Redress Commissions and after that to the National
Consumer Disputes Redresal Commission (NCDRC).[5] The
procedures in these tribunals are relatively less formal and more
people-friendly and they also take less time to decide upon a
consumer dispute[6] when compared to the years-long time taken
by the traditional Indian judiciary. In recent years, many effective
judgments have been passed by some state and National Consumer
Forums.
Sign showing Code of Buyers. Fuel
Indian Contract Act, 1872 lays down the conditions in which outlet, Jaipur
promises made by parties to a contract will be legally binding on
each other. It also lays down the remedies available to the aggregate
party if the other party fails to honor his promise.
The Sale of Goods Act of 1930 act provides some safeguards to buyers of goods if goods purchased do not
fulfill the express or implied conditions and warranties.
The Agriculture Produce Act of 1937 act provides grade standards for agricultural commodities and
livestock products. It specifies the conditions which govern the use of standards and lays down the
procedure for grading, marking and packaging of agricultural produce. The quality mark provided under
the act is known as AGMARK-Agriculture Marketing.
Nigeria
The Nigerian government has a duty to protect its people from any form of harm to human health through
the use and purchase of items to meet daily needs. In light of this, the Federal Competition and Consumer
Protection Commission (FCCPC), whose aim is to protect and enhance consumers' interest through
information, education, and enforcement of the rights of consumers was established by an Act of
Parliament to promote and protect the interest of consumers over all products and services. In a nutshell, it
is empowered to eliminate hazardous & substandard goods from
the market. Provide speedy redress to consumer complaints and
petition arisen from fraud, unfair practice and exploitation of the
consumer.
On 5 February 2019, the President of Nigeria, Muhammadu
Buhari, assented to the new Federal Competition and Consumer
Protection Commission Bill, 2018. Thus, the bill became a law of
the Federal Republic of Nigeria and binding on entities and
organizations so specified in the Act.
The long title of the Act reads: "This Act establishes the Federal
Competition and Consumer Protection Commission and the
Competition and Consumer Protection Tribunal for the promotion
of competition in the Nigerian market at all levels by eliminating
monopolies, prohibiting abuse of dominant market position and
penalizing other restrictive trade and business practices." The Act
further repealed the hitherto Nigerian Consumer Protection Council Code of Seller. Fuel outlet, Jaipur
Act and transferred its core mandate to the new Commission.
Taiwan
Modern Taiwanese law has been heavily influenced by the European civil law systems, particularly
German and Swiss law. The Civil Code in Taiwan contains five books: General Principles, Obligations,
Rights over Things, Family, and Succession. The second book of the Code, the Book of Obligations,
provided the basis from which consumers could bring products liability actions prior to the enactment of the
CPL.[7][8]
The Consumer Protection Law (CPL) in Taiwan, as promulgated on 11 January 1994, and effective on 13
January 1993, specifically protects the interests and safety of customers using the products or services
provided by business operators. The Consumer Protection Commission of Executive Yuan serves as an
ombudsman supervising, coordinating, reporting any unsafe products/services and periodically reviewing
the legislation.
According to the Pacific Rim Law & Policy Association and the American Chamber of Commerce, in a
1997 critical study, the law has been criticized by stating that "although many agree that the intent of the
CPL is fair, the CPL's various problems, such as ambiguous terminology, favoritism towards consumer
protection groups, and the compensation liability defense, must be addressed before the CPL becomes a
truly effective piece of legislation that will protect consumers"[9]
United Kingdom
The main consumer protection laws in the UK are the Consumer Protection Act 1987 and the Consumer
Rights Act 2015.
The United Kingdom has left the European Union, but during the transition period (until end of 2020) the
UK was still bound by directives of the European Union. Specifics of the division of roles between the EU
and the UK are detailed here.[10] 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 is judicially treated as tort, contract, restitution or even criminal law.
Consumer Protection issues were dealt with by the Office of Fair Trading before 2014. Since then, the
Competition and Markets Authority has taken on this role.[11]
United States
In the United States a variety of laws at both the federal and state
levels regulate consumer affairs. Among them are the Federal
Food, Drug, and Cosmetic Act, 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, the Consumer Financial Protection Bureau, the Food
and Drug Administration, and the U.S. Department of Justice.
Consumer protection laws often
At the state level, many states have adopted the Uniform Deceptive
mandate the posting of notices, such
Trade Practices Act[12] including, but not limited to, Delaware,[13] as this one which appears in all
Illinois,[14] Maine,[15] and Nebraska.[16] The deceptive trade automotive repair shops in California
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). Missouri has a similar statute called the Merchandising Practices Act.[17]
This statute allows local prosecutors or the Attorney General to press charges against people who
knowingly use deceptive business practices in a consumer transaction and authorizes consumers to hire a
private attorney to bring an action seeking their actual damages, punitive damages, and attorney's fees.
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. 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.
State and federal laws provide for "cooling off" periods giving consumers the right to cancel contracts
within a certain time period for several specified types of transactions, potentially including transactions
entered into at home, and warranty and repair services contracts.[18][19]
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.[20]
Considering the state of Massachusetts, the Massachusetts Consumer Protection Law, MGL 93A, clearly
highlights the rights and violations of consumer protection law in the state. The chapter explains what
actions are considered illegal under the law for which a party can seek money damages from the other party
at fault.[21] Some examples of practices that constitute a Chapter 93A violation would be when:
1. A Business charges a consumer higher rates than the marked price
2. The refund policy is not clearly posted where it can be readily noticed and understood
3. A business fails to tell you relevant information regarding your product or service misleads
you in any way.[22]
The laws under MGL 93A prohibits activities that relate to overpricing to a consumer and use of "Bait and
Switch" techniques. A court will award the plaintiff the damages if they can prove the (1) defendant
knowingly and intentionally violated the MGL 93A agreement or (2) the defendant would not "grant relief
in bad faith" knowing that the actions violated the MGL 93A agreement.[22] Additionally, failure to
disclose refund/ return policy, warranties and critical information about the product/service are all in
violation of the legislation, and can result in triple damages and lawyer fees.[23]
Laws
Competition law
United Kingdom
Consumer Protection (Distance Selling) Regulations 2000
Consumer Rights Act 2015
Electronic Commerce Regulations 2002
Enterprise Act 2002
General Product Safety Regulations 2005
Sale and Supply of Goods to Consumers Regulations 2002/3045
Supply of Goods (Implied Terms) Act 1973
Supply of Goods and Services Act 1982
Unfair Contract Terms Act 1977
Unfair Terms in Consumer Contracts Regulations 1999
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 and 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) – eliminates 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
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[24] in
relation to financial services and products.
See also
Consumer issues
Airline complaints
Antitrust
Better Business Bureau
Class action
Competition policy
Competition regulator
Consumer complaint
Consumer organization
Consumers International
Cooling-off period
Credit and debt
Extended warranty
Fairtrade labelling
Federal Trade Commission
Food safety
List of food labeling regulations
Mandatory labelling
Ombudsman
Planned obsolescence
Product recall
Telephone Consumer Protection Act
Transparency (market)
Unfair competition
People
Florence Kelley
Ralph Nader
Phil Radford
Michael Vernon
References
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23. "The Massachusetts Consumer Protection Law" (https://www.mass.gov/service-details/the-m
assachusetts-consumer-protection-law). Mass.gov. Retrieved 11 April 2020.
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bin/viewdb/au/legis/cth/consol_act/asaica2001529/), retrieved 3 July 2019
Further reading
Mańko, Rafał. "The notion of 'consumer' in EU law" (http://www.europarl.europa.eu/RegDat
a/bibliotheque/briefing/2013/130477/LDM_BRI(2013)130477_REV1_EN.pdf) (PDF). Library
Briefing. Library of the European Parliament. Retrieved 6 May 2013.
External links
- Media related to Consumer protection at Wikimedia Commons
Consumers International (http://www.consumersinternational.org)
Role of Regulators in Consumer Protection: Discussion (https://web.archive.org/web/201504
18044201/http://www.policy.manchester.ac.uk/resources/regulation/non-economic/consumer
_protection/)
Health-EU Portal (https://ec.europa.eu/health/) Consumer Safety in the EU
OECD Consumer Policy Toolkit Report (https://www.oecd.org/sti/consumer/consumer-policy-
toolkit-9789264079663-en.htm)
About Econsumer.gov (https://web.archive.org/web/20110902051853/http://www.econsumer.
gov/english/about/overview.shtm), a portal for consumers to report complaints concerning
online and related transactions with foreign companies
International Consumer Protection and Enforcement Network (ICPEN) (https://icpen.org/)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Consumer_protection&oldid=1107264072"
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