Misplaced Pages

#535464

46-731: The Council adopted a resolution in 1975 for a preliminary programme on consumer protection and information technology . Moves towards a strict liability regime in Europe began with the Council of Europe Convention on Products Liability in regard to Personal Injury and Death (the Strasbourg Convention ) in 1977. The Pearson Commission in the UK noted that this work had started, and refrained from making their own recommendations. A second EU programme followed in 1981. The preamble to

92-453: 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

138-551: 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

184-710: 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

230-592: 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

276-858: 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 ,

322-553: Is food safety . The needs for campaigning in this area are less easy to reconcile with their traditional methods, since the scientific, dietary or medical evidence is normally more complex than in other arenas, such as the electric safety of white goods . The current standards on mandatory labelling , in developed countries, have in part been shaped by past lobbying by consumer groups. The aim of consumer organizations may be to establish and to attempt to enforce consumer rights . Effective work has also been done, however, simply by using

368-408: 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

414-404: 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

460-461: 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

506-619: 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

SECTION 10

#1732772477536

552-744: Is the umbrella organisation of the three Swiss consumer organisations (the Stiftung für Konsumentenschutz (SKS) of German-speaking Switzerland, the Fédération romande des consommateurs (FRC) of French-speaking Switzerland and the Associazione consumatrici e consumatori della Svizzera italiana (ACSI) of Italian-speaking Switzerland). In the United Kingdom, the Enterprise Act 2002 allows consumer bodies that have been approved by

598-451: 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

644-724: 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

690-675: The British Campaign for Real Ale (CAMRA), which campaigned against keg beer and for cask ale ) or they may set themselves up as more general consumer watchdogs , such as the Consumers' Association in the UK. One common means of providing consumers useful information is the independent comparative survey or test of products or services, involving different manufacturers or companies (e.g., Which? , Consumer Reports , etc.). Another arena where consumer organizations have operated

736-722: 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

782-519: 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

828-669: 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

874-643: The Secretary of State for Trade and Industry to be designated as "super-complainants" to the Competition and Markets Authority . These super-complainants are intended to, "strengthen the voice of consumers," who are "unlikely to have access individually to the kind of information necessary to judge whether markets are failing for them." Eight have been designated as of 2007 : By 1969 most capitalist countries with developed marketplaces hosted consumer organizations that published consumer magazines which reported

920-505: The 25 years after World War II, there was a correlation between the number of people in a country who were purchasing cars and the popularity of consumer magazines. In some cases, an increase in other consumer purchases seemed to drive popularity of consumer magazines, but the correlation was closest for populations who made decisions about buying cars. The availability of consumer magazines comforted consumers when individuals in society suddenly became overwhelmed with marketplace decisions, and

966-894: The Commission report to the council on the application of the directive every five years. In 2021, the European Commission conducted an Impact Assessment study on the possible revision of the Product Liability Directive. 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

SECTION 20

#1732772477536

1012-560: 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

1058-810: 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

1104-689: The MGL 93A agreement. 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. - [REDACTED] Media related to Consumer protection at Wikimedia Commons Consumer organization Consumer organizations are advocacy groups that seek to protect people from corporate abuse like unsafe products, predatory lending , false advertising , astroturfing and pollution . Consumer Organizations may operate via protests , litigation , campaigning , or lobbying . They may engage in single-issue advocacy (e.g.,

1150-473: 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

1196-507: 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

1242-536: 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

1288-660: 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

1334-567: The directive cites Art. 100 (subsequently renumbered to Art. 94, then to Art. 115) of the Treaty of Rome and the aim to achieve a single market : The Council shall, acting unanimously on a proposal from the Commission , issue directives for the approximation of such laws, regulations or administrative provisions of the members states as directly affect the establishment of the common market . The preamble then goes on: ... approximation of

1380-777: 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

1426-430: 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

Product Liability Directive 1985 - Misplaced Pages Continue

1472-468: 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

1518-543: 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,

1564-406: 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

1610-493: The laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property; ... liability without fault on

1656-562: 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

1702-471: The modern consumer organization are standards organizations and consumers leagues. Both of these appeared in the United States around 1900. Trade associations and professional societies began to establish standards organizations to reduce industry waste and increase productivity. Consumer leagues modeled themselves after trade unions in their attempts to improve the market with boycotts in

1748-670: The part of the producer is the sole means of adequately solving the problem, peculiar to our age of increasing technicality, of a fair apportionment of the risks inherent in modern technological production; Articles 1 to 12 create a scheme of strict product liability for damage arising from defective products. This liability is in addition to any existing rights that consumers enjoy under domestic law (article 13). The directive does not extend to nuclear accidents , these being covered by existing international conventions (article 14). The original directive did not extend to game or primary agricultural produce (article 2) but this exception

1794-490: 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

1840-409: The results of product testing . Internationally, the idea of consumer organizations spread from Consumers Union in the United States starting in 1956. The growth of interest in product testing journalism might be explained by increased consumption of mass-marketed products in and before that period. That increased international consumption itself was an effect of the aftermath of World War II . In

1886-507: 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

Product Liability Directive 1985 - Misplaced Pages Continue

1932-606: The same way that trade unions sought to improve working conditions with strike action . Aside from this general consumer organisation, the Netherlands is home to many categorical consumer organisations whose working terrain is limited to a certain part of the markets. Examples of categorical organisations include: Finally, there is a business regulation agency, charged with competition oversight, sector-specific regulation of several sectors, and enforcement of consumer protection laws: The Swiss Alliance of Consumer Organisations

1978-758: 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

2024-468: The threat of bad publicity to keep companies' focus on the consumers' point of view. Consumer organizations may attempt to serve consumer interests by relatively direct actions such as creating and/or disseminating market information, and prohibiting specific acts or practices, or by promoting competitive forces in the markets which directly or indirectly affect consumers (such as transport, electricity, communications, etc.). Two precursor organizations to

2070-463: The time when he put the product into circulation was not such as to enable the existence of a defect to be discovered. As of 2004, all EU member states other than Finland and Luxembourg had taken advantage of it to some extent. Because EU directives do not have direct effect , they only come into force on persons in member states when implemented in national legislation . Article 19 demanded implementation within 3 years. Article 21 demanded that

2116-405: Was repealed by directive 1999/34/EC following concerns over BSE . Article 15(1)(b) of the directive gives member states the option of adopting the development risks defence : 1. Each Member State may: ... (b) by way of derogation ... maintain ... or provide in [its] legislation that the producer shall be liable even if he proves that the state of scientific and technical knowledge at

#535464