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Recommended: Easy on consumer protection
Claudin C. Butler
Cohn
BUL 2241
26 April 2014
Consumer Protection
John, a homeowner of thirteen years recently sued a roofing contractor for false advertising stating that he could arrange financing for roofing repair jobs, the roofing contractor was found guilty of illusory publicizing a service that he was unable to fulfill to John, the consumer. Deceptive advertising, deceptive pricing, and punitive damages are a few actions that can be held against the business based on Consumer Protection. Consumer Protection is protecting the consumer from defective goods and pitiable quality of service from untrustworthy merchants. Consumers have persistently demanded monetary value in the usage of quality goods and better services over time. There are many consumer protection rights to be discussed. This is implemented by the consumer rights offered and the protection granted by federal laws to consumers and evidenced by the lawsuits filed by different consumers.
There are many rights allowing consumers to cancel a contract or file a claim to receive their money back if it exceeds $1.50. Some of the rights include that falsification is prohibited. Deliveries must be done on time or the consumer has the right to cancel the order if it does not arrive within 30 days unless the merchant states otherwise. Consumers are entitled to a refund if the services or product received has not been shipped or delivered. Consumers’ also have the right to cancel a sale transaction if he decided to accept the sales person’s suggestion, however, was not satisfied with the product. Many people change to a different cell phone carrier because of the rising prices terminating their contract of use with the company. The level of concern is starting to sore a...
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...Criminal penalties can be ordered as well for various forbidden acts to include forfeiture of assets and imprisonment for up to five years, this eliminates the requirement that the Consumer Protection Safety Commission advising the company of noncompliance before seeking criminal penalties.
Federal consumer protection laws are mainly enforced by the Federal Trade Commission, the Consumer Financial Protection Bureau, and the U.S. Department of Justice. For example, the Federal Trade Commission has created the National Do Not Call Registry to decrease telemarketing fraud. This service allows the consumer to ban for-profit organizations from making unsolicited calls to their home telephone. Consumer Financial Protection Bureau is responsible for consumer protection in the financial segment imposing that consumers are protected by the Consumer Protection Financial Act.
Takem’s is an appliance store in the state of Virginia serving the residents of the Appalachian regions of Virginia, Kentucky, Tennessee, and West Virginia. The business model which is currently being conducted in the appliance store has been called into question by one of the customers who has recently purchased a computer on credit. The owner of the store, Tommy, is now contemplating what should be done to handle this situation and protect his interest in the future. In this discourse, the author attempts to reveal to the reader the alleged infractions that Takem’s may be liable for regarding the situation with his customer, Ms. Sally
United States has several laws that ensure that competition among businesses flow rely and new competitors get free access to the market. These laws intend to ensure fair and balanced competitive business practices. However, there are times when some businesses will do anything to gain competitive edge. USA has strong antitrust laws that prohibit fixing market price, price discrimination, conspiring boycott, monopolizing, and adopting unfair business practices. The history of Antitrust laws goes back to 1890 when Congress passed Sherman Act. In 1914, Congress passed two more acts: Federal Trade Commission Act, and Clayton Act. With some revisions, these three acts are still core antitrust acts.
Even though consumers have great protection rights in Australian Customer Law, they have to understand that this law is designed to provide consumers and sellers a fair go. Therefore, consumers also have to be aware that they will not be protected if they are careless and make unreasonable demands.
“FINRA’s mission is to safeguard the investing public against fraud and bad practices. We pursue that mission by writing and enforcing rules and regulations for every single brokerage firm and broker in the United States, and by examining broker-dealers for compliance with our own rules, federal securities laws and rules of the Municipal Securities Rulemaking Board”.
The Dodd-Frank Wall Street Reform and Consumer Protection Act brought the most significant changes to financial regulation in the United States since the reform that followed the Great Depression. It made changes in the American financial regulatory environment that affect all federal financial regulatory agencies and almost every part of the nation’s financial services industry. Like Glass-Steagall, the legislation passed after the Great Depression, it sought to regulate the financial markets and make another economic crisis less likely. Banks were deregulated in 1999 by the Gramm-Leach-Biley Act, which repealed the Glass-Steagall Act and essentially allowed for the excessive risk taken on by banks that caused the most recent financial crisis. The Financial Stability Oversight Council was established through the Dodd-Frank Wall Street Reform and Consumer Protection Act and was created to address the systemic risks in the United States financial system and to improve coordination among financial regulators.
Telecommunications gained mainstream attention in the early 90’s; however the initial key market was business men and women, who used their phones whilst being on the move and so allowing them to communicate with their companies with ease. Though in the modern era, telecommunication went through segmentation in the market trends, and now in this day and age it would be difficult to find someone who does not own some form of mobile technology. Many phone providers battle to provide the best service for their customers (Figure 1).
Both the common law and the statutory law have recognized the weaker position of consumers. It is well established an exclusion clause will be valid and enforceable only if it is incorporated in the contract, use clear wordings and does not contravene statutory limits. In order to limit the unfairness resulting from exclusion clauses, the courts have developed certain principles such as the doctrine of non est factum in signature cases, ‘red ink-red hand’ principle in relation to ‘onerous or unusual’ terms, contra proferentem rule when interpreting ambiguous exclusion clauses and ‘fundamental breach’ principle.
During the summer and fall of 2014, Sirius XM, an American satellite radio broadcasting company, was found guilty of consumer fraud. The company’s means of fraud included, but was not limited to, misleading advertisements and unfulfilled promises. After many consumer complaints, the issue was taken to court. There, 45 United States Attorney Generals announced that Sirius XM Satellite Radio was guilty of misleading, unfair, and deceptive practices which violated state consumer protection laws (Hood, 2014). During the act of defrauding customers, the company also engaged in unethical business behaviors. Due to the fraudulent and unethical decisions and actions made by Sirius XM, the company will most likely forever be looked at through a different
The Commission's interpretative regulation explains the company's obligations and those of the Commission.. This requires manufacturers of a consumer product to report to the Commission if a particular model of a consumer product is the subject of three civil actions that have been filed in Federal or State court, each suit alleges the involvement of that model in death or serious injury to the body. Then at least three of the actions will result in a final settlement involving the manufacturer; or in a judgment for the plaintiff within any one of the two year periods specified. The first two year period began to run on January 1, 1991 and ends on December 31, 1992. The second two year period starts on January 1, 1993; the third, on January 1, 1995; and so forth. Manufacturers must file a report within 30 days after the settlement or judgment in the third civil action to which the reporting requirement applies.
Consumer offerings are essential products that are available in the consumers’ market. However, not all these offerings are part of the consumers’ need at a particular time. In this brief piece of writing, readers will understand the consumer offerings that relate to their needs and when. Similarly, readers will learn the difference in these offerings and probably the products the author has patronized with a vivid example. At the end of the paper, readers should feel free to consult the references that aided the writing.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
would like to put you in a situation and show you how a consumer can
Thus, consumer protection laws, prohibit unfair or defective acts from being practiced by companies.
All around the world there are laws made by municipal, provincial, and federal governments that are made to have a positive impact on its people. If you decide to rob a bank, or decide to hijack a vehicle, there are serious consequences due to the law. These laws positively impact our society by giving our society safety, but do laws such as the Consumer Protection Act, or the Employment Standards Act also give us a positive effect? Both of these acts are made up of many different parts, and I will be going through parts of both acts in this essay.
 At point of sale consumer are protected by law concerning some aspects of their purchases despite principal of caveat emptor