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 those unable to take care of themselves. Consumer Protection laws are a form of government regulation Regulation is "controlling human or societal behavior by rules or restrictions." Regulation can take many forms: legal restrictions promulgated by a government authority, self-regulation by an industry such as through a trade association, social regulation , co-regulation and market regulation. One can consider regulation as actions of which protects the interests of consumers Consumer is a broad label for any individuals or households that use goods and services generated within the economy. The concept of a consumer occurs in different contexts, so that the usage and significance of the term may vary. 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 Consumer organizations are advocacy groups that seek to protect people from corporate abuse. Unsafe products, predatory lending, false advertising, astroturfing and pollution are all examples of corporate abuse which help consumers make better choices in the marketplace.

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 Competition law, known in the United States as antitrust law, are laws that promote or maintain market competition by regulating anti-competitive conduct.

Consumer protection can also be asserted via non-government organizations and individuals as consumer activism Consumer activism is activism undertaken on behalf of consumers, to assert consumer rights.

Consumer law

"Consumer protection law" or "consumer law" is considered an area of law that regulates private law Private law is that part of a legal system that involves relationships between individuals. This includes the law of contracts or torts and the law of obligations. It is distinguished from public law, which deals with law involving the state, including regulatory statutes, penal law and other law of public order 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 In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements, privacy rights Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, but share basic common themes. Privacy is sometimes related to anonymity, the wish to remain unnoticed or, unfair business practices Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers and are prohibited by law in many countries. For instance, in the European Union, each member state must regulate unfair business practices in accordance with the Unfair Commercial Practices, fraud The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain, misrepresentation Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may, and other consumer/business interactions.

Such laws deal with credit repair, debt repair, product safety, service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans An unsecured loan is a loan that is not backed by collateral. Also known as a signature loan or personal loan that may lead to bankruptcy Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a business or corporate debtor in an effort to recoup a portion of what they are owed or initiate a restructuring. In the majority of cases, however, bankruptcy is initiated by and much more.

Germany

A minister of the federal cabinet is responsible for consumer rights and protection (Verbraucherschutzminister). In the current cabinet of Angela Merkel Angela Dorothea Merkel, Dr., (German pronunciation: [aŋˈɡeːla doʁoˈteːa ˈmɛʁkəl] ; née Kasner, born 17 July 1954) is the current Chancellor of Germany. Merkel, elected to the German Parliament from Mecklenburg-Vorpommern, has been the chairman of the Christian Democratic Union (CDU) since 10 April 2000, and Chairman of the CDU-CSU (, 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 The Basic Law for the Federal Republic of Germany is the constitutional law of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies, came into effect on 23 May 1949, as the constitution of West Germany, see Bundesverwaltungsgericht The Federal Administrative Court is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law, mainly disputes between citizens and the state. It hears appeals from the Oberverwaltungsgerichte, or Superior Administrative Courts, which, in turn, are the courts of appeals for (Federal Administrative Court)Case 3 C 34.84, 71 BVerwGE 183).

Taiwan

Consumer Protection Law in the Taiwan Taiwan, also known as Formosa , is an island situated in East Asia in the Western Pacific Ocean and located off the southeastern coast of mainland China, and comprises most of the territory of the Republic of China (ROC) since the 1950s. The term "Taiwan" has also become a commonly used alternative name both domestically and 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 The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land, as member state of the European Union The European Union is an economic and political union of 27 member states which are located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht in 1993 upon the foundations of the European Communities. With over 500 million citizens, the EU combined generated an estimated 28% share (US$ 16.5, is bound by the consumer protection directives A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives normally leave member states with a certain amount of of the EU The European Union is an economic and political union of 27 member states which are located primarily in Europe. Committed to regional integration, the EU was established by the Treaty of Maastricht in 1993 upon the foundations of the European Communities. With over 500 million citizens, the EU combined generated an estimated 28% share (US$ 16.5. Domestic (UK) laws Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and originated within the ambit of contract In law, a contract is an agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. That is to say, a contract is an exchange of promises with specific legal remedies for breach. These can include Compensatory remedy, whereby the defaulting party is required and tort This definition with two words using 'non' captures the fact that tort law is a remainder category, a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability , and environmental pollution (toxic torts) but, with the influence of EU law European Union law is a body of treaties, law and court judgements which operates alongside the legal systems of the European Union's member states. It has direct effect within the EU's member states and, where conflict occurs, takes precedence over national law, it is emerging as an independent area of law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and. In many circumstances, where domestic law is in question, the matter judicially treated as tort This definition with two words using 'non' captures the fact that tort law is a remainder category, a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability , and environmental pollution (toxic torts), contract In law, a contract is an agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. That is to say, a contract is an exchange of promises with specific legal remedies for breach. These can include Compensatory remedy, whereby the defaulting party is required, restitution The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give or even criminal law Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden.

Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading The Office of Fair Trading is a non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforces both consumer protection and competition law, acting as the UK's economic regulator. The OFT's goal is to make markets work well for consumers, ensuring vigorous competition between fair-dealing [2] will then investigate, impose an injunction or take the matter to litigation A lawsuit, or "suit in law", is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff isn't successful, judgment will be given in the.

The Office of Fair Trading^[2] 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 The Trading Standards Institute, formerly the Institute of Trading Standards Administration , formerly the Incorporated Society of Inspectors of Weights and Measures (founded in 1881), is the professional association which represents trading standards professionals in the UK and overseas departments. General consumer advice can be obtained from Consumer Direct Consumer Direct is a Government-funded call centre providing basic consumer advice in the United Kingdom. Information is also provided on their website or via a local branch of the Citizen's Advice Bureau There are also Citizens Advice Bureau organisations in Australia , New Zealand , and the the Bronx, New York, USA.

Other Commonwealth countries

In Australia For at least 40,000 years before European settlement in the late 18th century, Australia was inhabited by indigenous Australians, who belonged to one or more of the roughly 250 language groups. After sporadic visits by fishermen from the immediate north and discovery by Dutch explorers in 1606, Australia's eastern half was claimed by the British the corresponding agency is the Australian Competition and Consumer Commission The Australian Competition and Consumer Commission is an independent authority of the government of Australia. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission (TPC) and the Prices Surveillance Authority to administer the Trade Practices Act 1974 (TPA) (Cth). Its mandate is to protect consumer rights, or the individual State Consumer Affairs agencies. The Australian Securities and Investments Commission The Australian Securities & Investments Commission is an independent Australian government body that acts as Australia's corporate regulator. ASIC's role is to enforce and regulate company and financial services laws to protect Australian consumers, investors and creditors has responsibility for consumer protection regulation of financial services and products.

In New Zealand New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous smaller islands, most notably Stewart Island/Rakiura and the Chatham Islands. The indigenous Māori language name for New Zealand is Aotearoa, commonly translated as The Land of the Long White Cloud. The Realm of New Zealand also, the corresponding agency is the Ministry of Consumer Affairs [3] and the New Zealand Commerce Commission.

United States

In the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language 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 Debt Collection Practices Act , 15 U.S.C. § 1692 et seq., is a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act. Its purposes are to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection and to provide consumers with an avenue for disputing and obtaining, the Fair Credit Reporting Act The Fair Credit Reporting Act is a United States federal law (codified at 15 U.S.C. § 1681 et seq.) that regulates the collection, dissemination, and use of consumer information, including consumer credit information. (Full Statute (PDF).) Along with the Fair Debt Collection Practices Act (FDCPA), it forms the base of consumer credit rights in, Truth in Lending Act The Truth in Lending Act of 1968 is a United States federal law designed to protect consumers in credit transactions, by requiring clear disclosure of key terms of the lending arrangement and all costs. The statute is contained in Title I of the Consumer Credit Protection Act, as amended (15 U.S.C. § 1601 et seq.). The regulations implementing, Fair Credit Billing Act The Fair Credit Billing Act is a United States federal law enacted as an amendment to the Truth in Lending Act (codified at 15 U.S.C. § 1601 et seq.). Its purpose is to protect consumers from unfair billing practices and to provide a mechanism for addressing billing errors in "open end" credit accounts, such as credit card or charge, and the Gramm-Leach-Bliley Act The Gramm-Leach-Bliley Act , also known as the Financial Services Modernization Act of 1999, (Pub.L. 106-102, 113 Stat. 1338, enacted November 12, 1999) is an act of the 106th United States Congress (1999-2001) signed into law by President William J. Clinton which repealed part of the Glass-Steagall Act of 1933, opening up the market among banking. Federal consumer protection laws are mainly enforced by the Federal Trade Commission The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act. Its principal mission is the promotion of "consumer protection" and the elimination and prevention of what regulators perceive to be harmfully "anti-competitive" business practices, and the U.S. Department of Justice The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.

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 A U.S. state is any one of 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of commonwealth rather than state. State citizenship is 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 strongest consumer protection laws of any US state, partly because of rigorous advocacy and lobbying by groups such as Utility Consumers' Action Network[4], 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.^[3]

Consumer advocacy groups

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
• Enterprise Act 2002
• General Product Safety Regulations 2005
• Consumer Protection from Unfair Trading Regulations 2008

General consumer protection laws

• 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

• 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

• Trade Practices Act 1974
• Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001[5] in relation to financial services and products

See also

People

• Florence Kelley
• Ralph Nader
• Michael Vernon
• Curtis Arnold

Consumer issues

• Antitrust
• Class action
• Competition policy
• Competition regulator
• Credit and debt
• Extended warranty
• Fairtrade labelling
• Food safety
• Mandatory labelling
• Product recall
• Transparency (market)
• Unfair competition

References

1. ^ "West Encyclopedia of American Law. Consumer. Answers.com. n.d.. Retrived on January 31, 2010"
2. ^ [1]
3. ^ Lewis D. Eigen, A Solution to the Problem of Consumer Contracts That Cannot be Understood by Consumers Who Sign Them, Scriptamus, 2009, http://scriptamus.wordpress.com/2009/11/12/a-solution-to-the-problem-of-consumer-contracts-that-cannot-be-understood-by-consumers/

External links

• Consumer Complaint Form
• Consumer Complaint Assistant, Federal Trade Commission
• Consumer Complaint Form Missouri Attorney General
• Consumer Rights Council (Pakistan)
• Consumer Protection through Consumer Reports (India)
• Consumer Education and Research Centre (CERC)(India)
• Consumer Forum and Complaint Management (India)
• Consumer protection information (U.S.)
• List of Consumer Rights as stated by the Government of India
• Consumer Protection Act in India
• University of Delaware Library Consumer Protection Research Guide
• New Zealand Consumer Rights
• Consumers International, the global voice for consumers
• National Consumer Agency (Ireland)
• Consumer Rights and Protection (Indonesia)
• Health-EU Portal Consumer Safety in the EU
• Yahoo! Directory for Consumer Information
• Penn Program on Regulation's Import Safety Page
• [6] OECD Consumer Policy Toolkit Report

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