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55-653: Five commissioners serve staggered four-year terms on the FPSC. Commissioners are appointed by the Governor of Florida and confirmed by the Florida Senate. The FPSC Chairman is elected by their fellow commissioners to serve a two-year term. Current commissioners include Chairman Mike La Rosa, Andrew Giles Fay, Art Graham, Gary F. Clark, and Gabriella Passidomo. Created by the Florida Legislature in 1887,

110-453: A Chapter 93A violation would be when: The laws under MGL 93A prohibit activities that relate to overpricing to a consumer and the 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

165-607: A founding member. Following the end of the American Civil War , it was part of the Third Military District . Florida was readmitted to the Union on June 25, 1868. The Florida Constitution of 1838 provided that a governor be elected every 4 years, who was not allowed to serve consecutive terms. The secessionist constitution of 1861 would have reduced this to two years and removed the term limit, but

220-551: A large proportion of contracts cannot be understood by most consumers who sign them. 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 monetary damages from the other party at fault. Some examples of practices that constitute

275-553: A minimum $ 9.25 discount on their monthly phone bills, or a free Lifeline cell phone and monthly minutes from certain wireless providers. Dozens of local, state, and federal agencies, organizations and businesses, and telecommunications companies were involved in the collaborative effort to increase awareness and participation in the Lifeline program in 2022. Promotional activities in 2022 featured National Consumer Protection Week and ongoing efforts to increase awareness and enrollment in

330-710: 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

385-592: 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. 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

440-637: A proclamation with the secretary of state transferring power of governor to Lt. Governor Jeff Kottkamp pursuant to the constitutional provision while he underwent knee surgery. 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 to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for

495-661: A seat in the United States Senate. The shortest term in office belongs to Wayne Mixson , who served three days following Graham's resignation. The current officeholder is Ron DeSantis , a member of the Republican Party who took office on January 8, 2019. Spanish Florida was acquired from Spain in the Adams–Onís Treaty , which took effect July 10, 1821. Parts of West Florida had already been assigned to Alabama , Louisiana , and Mississippi ;

550-858: 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 ,

605-408: 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

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660-404: 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 organizations and individuals as consumer activism. Efforts made for

715-655: Is elected by the FPSC. Source: The Florida Legislature established the powers and responsibilities of the FPSC as a regulator of public utilities under its jurisdiction. This includes electric, natural gas, telephone, water, and wastewater. The FPSC exercises the following regulatory authority: In 2022, the FPSC regulated five investor-owned electric companies, eight investor-owned natural gas utilities, and 149 investor-owned water and/or wastewater utilities. The FPSC also had competitive market oversight for 286 telecommunications companies in Florida. The FPSC does not regulate

770-461: 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. In India , consumer protection

825-619: Is specified in The Consumer Protection Act, 2019 . Under this law, Separate Consumer Dispute Redress Forums have been set up throughout India in every district in which a consumer can file their complaint on a simple paper with nominal court fees and their 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

880-547: Is the head of government of the U.S. state of Florida and the commander-in-chief of the state's military forces . The governor has a duty to enforce state laws and the power to either approve or veto bills passed by the Florida Legislature , to convene the legislature and grant pardons , except in cases of impeachment. When Florida was first acquired by the United States, future president Andrew Jackson served as its military governor. Florida Territory

935-451: Is to protect and enhance consumers' interest through information, education, and enforcement of the rights of consumers was established by an Act of Parliament o 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

990-724: The Australian Financial Complaints Authority . In Brazil, consumer protection is regulated by the Consumer's Defense Code ( Código de Defesa do Consumidor ), 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

1045-770: 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. Domestic (UK) laws originated within the ambit of contract and tort but, with

1100-519: The European Union are concerned with consumer protection, including the Regulation on general product safety (GPSR) and the Directive (EU) 2024/2853 on liability for defective products. 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

1155-669: The Food and Drug Administration , 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 practices and b) untrue or misleading advertising. The Uniform Act contains

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1210-521: The U.S. Department of Energy . National Consumer Protection Week observed each year in March, highlights consumer protection and education efforts around the country, and is important to the FPSC's conservation education efforts. The Florida Lifeline program is part of the federal Universal Service Program (USP) designed to enable low-income households to obtain and maintain basic local telephone service. The Lifeline program offers qualifying households

1265-463: The Commission exercises safety authority over all electric and natural gas systems operating in the state. The FPSC participates in consumer forums, community meetings, customer meetings and hearings, and consumer publications. The FPSC participates in consumer programs and distributes conservation-related materials through partnerships with governmental entities, and consumer groups. Each year,

1320-560: 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 Act and transferred its core mandate to the new Commission. Modern Taiwanese law has been heavily influenced by

1375-810: 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 product liability actions prior to the enactment of the CPL. The Consumer Protection Law (CPL) in Taiwan , as promulgated on 11 January 1994, and effective on 13 January 1993, specifically protects

1430-533: The FPSC provides educational brochures to Florida public libraries for consumer distribution. The Commission has recently increased its Library Outreach Campaign participants to educate consumers across the state. Through the program, a variety of FPSC publications highlighting practical energy and water conservation measures are distributed to library patrons throughout the year. Events to promote energy efficiency and conservation education are annually observed during October's Energy Action Month, sponsored annually by

1485-684: The FPSC was originally called the Florida Railroad Commission and primarily regulated railroad passenger and freight rates and operations. As Florida grew, the Commission's purpose expanded. The first Florida Railroad Commission was established in 1887 and abolished in 1891. It was reestablished in 1897 and issued its first decision in September 1899, affirming the right of the Atlantic, Valdosta and Western Railway to enter and use Jacksonville Union Terminal As Florida grew,

1540-595: The Florida Lifeline customers. The FPSC oversees the administration of a statewide telecommunications access system to provide access to Telecommunications Relay Services by persons who are deaf , hard of hearing or speech impaired , or others who communicate with them. In 2021, the Commission opened a docket to request proposals from companies to provide relay service in Florida beginning in March 2022. Two companies filed proposals, Hamilton Relay and Sprint Communications Company, L.P. (Sprint). After reviewing

1595-544: The Lifeline program. Each month, the FPSC sends a cover letter and informational packet to two organizations to encourage continued Lifeline outreach to their eligible clientele. In addition, the FPSC attends as least two community events each month to promote Lifeline. As of June 2022, 300,285 eligible customers participated in the Florida Lifeline program. The five companies with the highest Lifeline enrollment in Florida were SafeLink Wireless , Assurance Wireless , Access Wireless, T-Mobile , and CenturyLink with 99 percent of

1650-534: The commission's purpose expanded. In 1911, it gained jurisdiction over telephone services, followed by motor carrier transportation in 1929. Its name was changed to the Florida Railroad and Public Utilities Commission in 1947, followed by jurisdiction over investor-owned electric utilities in 1951, investor-owned natural gas utilities and safety issues at municipally owned gas utilities in 1952 and privately owned water and wastewater companies in 1959. The name

1705-531: The commissioners, who are then confirmed by the Florida Senate . Commissioners serve four-year terms without term limits. Prior to 1979, three commissioners were elected in a statewide election; the 1978 Legislature changed the FPSC to a five-member appointed board. The chair is the chief administrative officer of the FPSC, presiding at all hearings and conferences when present, setting FPSC hearings, and performing those duties prescribed by law. The chair

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1760-473: The complexities of tax law. 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

1815-507: The conditions in which 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 their promise. The Sale of Goods Act of 1930 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

1870-536: 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. The Nigerian government must 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

1925-660: 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

1980-777: 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

2035-430: 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

2090-642: The governor at the time was also out of state. Therefore, the Speaker of the Florida House of Representatives, A.K. Allison, became acting governor on September 16, 1853. He served for 17 days. Article IV Section 3 (b) of the Florida Constitution now calls for the lieutenant governor to "act as Governor" during the governor's physical or mental incapacity. This provision has been invoked one time. On June 18, 2008, Governor Charlie Crist filed

2145-527: 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. In the United States

2200-543: 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,

2255-406: 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" The main consumer protection laws in the UK are

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2310-562: 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. 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

2365-576: The president of the senate again taking on that duty. The 1968 constitution recreated the office of lieutenant governor, who now becomes governor in the absence of the governor. The governor and lieutenant governor are elected on the same ticket . Florida was a strongly Democratic state before the Civil War, electing only one candidate from the Whig Party (the Democrats' chief opposition at

2420-490: The protection of consumer's rights and interests are: 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 consumer/business interactions. It

2475-471: The rates and service quality of publicly owned municipal or cooperative electric utilities; however, the FPSC does have jurisdiction regarding rate structure, territorial boundaries, bulk power supply operations, and power supply planning over 35 municipally owned electric systems and 18 rural electric cooperatives. The FPSC has jurisdiction regarding territorial boundaries and safety, over 27 municipally owned natural gas utilities and 4 gas districts. In addition,

2530-553: The remainder and East Florida were governed by a military commissioner with the powers of governor until the territory was organized and incorporated. Florida Territory was organized on March 30, 1822, combining East and West Florida. The State of Florida was admitted to the Union on March 3, 1845. It seceded from the Union on January 10, 1861, and joined the Confederate States of America on February 8, 1861, as

2585-507: The risks they pose to the health and safety of consumers." 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. 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. Several regulations in

2640-758: The services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes RedresaRedressalsion (NCDRC). 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 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. Indian Contract Act, 1872 lays down

2695-456: The state fell to the Union before the first election under that constitution. The rejected constitution of 1865 and the ratified constitution of 1868 maintained the four-year term, though without the earlier term limit, which was reintroduced in the 1885 constitution. The current constitution of 1968 states that should the governor serve, or would have served had he not resigned, more than six years in two consecutive terms, he cannot be elected to

2750-473: The succeeding term. The start of a term was set in 1885 at the first Tuesday after the first Monday in the January following the election, where it has remained. Originally, the president of the state senate acted as governor should that office be vacant. The 1865 and 1868 constitutions created the office of lieutenant governor , who would similarly act as governor. This office was abolished in 1885, with

2805-506: The technical, financial, and price elements of each proposal, the Commission selected Sprint Communications Company, L.P.'s (Sprint's) proposal on October 12, 2021. Sprint's relay contract to provide telecommunications relay service to the hard-of-hearing, deaf, deaf/blind, and speech impaired Floridians is for a period of three years beginning on March 1, 2022. The contract contains extension options for four additional one-year periods. Governor of Florida The governor of Florida

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2860-633: The time). It elected three Republican governors following Reconstruction, but after the Democratic Party re-established control, 90 years passed before voters chose another Republican. Florida has had a number of people serve as acting governor. The state's first three constitutions provided that the succession in office became operative whenever the governor was out of the state. Thus, in 1853 when Governor Thomas Brown attended an event in Boston—the Senate president who would normally succeed

2915-669: Was established in 1822 and five people served as governor over 6 distinct terms. The first territorial governor, William Pope Duval , served 12 years, the longest of any Florida governor to date. Since statehood in 1845, there have been 45 people who have served as governor, one of whom served two distinct terms. Four state governors have served two full four-year terms: William D. Bloxham , in two stints, as well as Reubin Askew , Jeb Bush and Rick Scott who each served their terms consecutively. Bob Graham almost served two full terms but resigned with three days left in his term in order to take

2970-580: Was modified to the Florida Public Utilities Commission in 1963 and the Florida Public Service Commission in 1965. From 1972 to 1978, it regulated airlines, and in 1979, its composition was changed from three elected to five appointed commissioners. The 1980s saw the beginning of deregulation, with motor carriers (1980) and railroads (1985) deregulated that decade. The telecommunications market

3025-540: Was slowly opened up by the Legislature in 1995, and FPSC jurisdiction over telecom was reduced in 2011. However, in 1986, the commission gained safety jurisdiction over all electric utilities, and jurisdiction over intrastate natural gas pipelines was granted in 1992. The FPSC consists of five members with experience in fields including economics , accounting , engineering, finance, natural resource conservation , energy, public affairs, and law. The governor appoints

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