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{{Short description|Protection of consumers against unfair practices}}
'''Consumer protection''' is a form of ] ] which protects the interests of ]s. 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 ]s which help consumers make better choices in the marketplace.
{{redirect|Consumer Affairs|the dot-com company|ConsumerAffairs}}
{{Use dmy dates|date=November 2019}}
{{Rights}}
'''Consumer protection''' is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the ]. ] protection measures are often established by law. Such laws are intended to prevent businesses from engaging in ] or specified ] 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 ]s, 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 ] in the ]), self-regulating business organizations (such as the ]s in the US, ], ], etc.), and ]s that advocate for consumer protection laws and help to ensure their enforcement (such as consumer protection agencies and watchdog groups).{{citation needed|date=August 2022}}

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 ] organizations and individuals as consumer activism.

Efforts made for the protection of consumer's rights and interests are:

* The right to satisfaction of ]
* 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 ]
* The ]


==Consumer law== ==Consumer law==
''Consumer protection law'' or ''consumer law'' is considered an area of ] that regulates ] 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 ], ], ], ], ], and other consumer/business interactions. Consumer protection law or consumer law is considered as an area of law that regulates ] 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 ], ], ], ], ], and other consumer/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, ] that may lead to ]. There have been some arguments that consumer law is also a better way to engage in large-scale redistribution than ] because it does not necessitate legislation and can be more efficient, given the complexities of tax law.<ref>{{Cite journal|last=Van Loo|first=Rory|date=2019-11-01|title=Broadening Consumer Law: Competition, Protection, and Distribution|url=https://scholarship.law.bu.edu/faculty_scholarship/679|journal=Notre Dame Law Review|volume=95|issue=1|pages=211}}</ref>


===Australia===
Such laws deal with credit repair, ], product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation, ] that may lead to ] and much more.
In ], the corresponding agency is the ] or the individual State Consumer Affairs agencies. The ] 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 ].
===In specific countries===
====United States====
] shops in California]]
In the ] there are a variety of laws at both the federal or state levels that regulate consumer affairs. Among them are the federal ], the ], ], ], and the ]. Federal consumer protection laws are mainly enforced by the ] and the ].


===Brazil===
At the state level, many states have a Department of Consumer Affairs devoted to regulating certain industries and protecting consumers who regularly use goods and services from those industries.
In Brazil, consumer protection is regulated by the Consumer's Defense Code (]),<ref name=":0">{{Cite web|url=http://www.planalto.gov.br/ccivil_03/leis/L8078.htm|title=L8078|website=www.planalto.gov.br|access-date=2019-07-03}}</ref> as mandated by the ]. 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."<ref name=":1">{{Cite web|url=http://www.planalto.gov.br/ccivil_03/Leis/L8078.htm|title=L8078|website=www.planalto.gov.br|access-date=2020-04-12}}</ref> 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.<ref name=":0" /> In the case of Brazil, they narrowly {{ill|define what a consumer, supplier, product, and services|pt|Código de Defesa do Consumidor|vertical-align=sup}} are, so that they can protect consumers from international channels trade laws and protect them from negligence and misconduct from international suppliers.


===European Union===
For example, in the ] of ], the ] regulates about 2.3 million professionals in over 230 different professions through its 40 regulatory entities. In addition, California encourages its consumers to act as ] through the liberal provisions of its Consumers Legal Remedies Act, Cal. Civil Code § 1750 ''et seq.'' California has the nation’s strongest consumer protection laws due in part to the rigorous advocacy and lobbying by groups such as Utility Consumers' Action Network, ] and ].
Several regulations in the ] are concerned with consumer protection, including the ] (GPSR) and the ] on liability for defective products.


====European Union==== ===Germany===


], as a member state of the ], is bound by the consumer protection ] of the European Union; residents may be directly bound by EU regulations.
The ] has been very active in the field of consumer protection, producing a considerable volume of ] which require ] to regulate consumer protection to a particular standard (which may or may not allow a higher standard of regulation). A very important innovation has been the ]. Also ] on ] and ]. There exists a ], a post currently held by the ]n ].
A minister of the federal cabinet is responsible for consumer rights and protection (''Verbraucherschutzminister''). In the ] of ], this is ].


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 ] (Federal Administrative Court) Case 3 C 34.84, 71 BVerwGE 183.<ref>{{Cite web |url=http://www.oefre.unibe.ch/law/dfr/vw071183.html |title=DFR - BVerwGE 71, 183 - Transparenzliste |access-date=11 July 2006 |archive-url=https://web.archive.org/web/20070219032816/http://www.oefre.unibe.ch/law/dfr/vw071183.html |archive-date=19 February 2007 |url-status=dead }}</ref>
====Germany====
The Federal Republic of Germany is a member state of the ] and is bound by the consumer protection directives of the ]. Thus a large part of German consumer protection law has been enacted pursuant to European Directives (e.g. the directives on door-to-door sales, consumer credits, distance selling, package tours, product liability etc.). In 2002, a large part of this legislation was integrated into the German Civil Code ("]").


===India===
A minister of the federal cabinet is responsible for consumer rights and protection (''Verbraucherschutzminister''). In the current cabinet of ], this is ].
{{See also|Consumer Protection Act, 1986}}
]]]
]
In ], consumer protection is specified in The ]. 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 the services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes RedresaRedressalsion (NCDRC).<ref>{{cite web|url=http://ncdrc.nic.in/|title=National Consumer Disputes Redressal Commission|website=ncdrc.nic.in}}</ref> The procedures in these ]s are relatively less formal and more people-friendly and they also take less time to decide upon a consumer dispute<ref name="CONSUMER PROTECTION AND NATIONAL CONSUMER DISPUTES REDRESS COMMISSION">V. Balakrishna Eradi, {{webarchive |url=https://web.archive.org/web/20110721172525/http://ncdrc.nic.in/ |date=21 July 2011 }}. New Delhi: ]. Accessed 25 June 2013.</ref> when compared to the years-long time taken by the traditional ]. In recent years, many effective judgments have been passed by some state and National Consumer Forums.


] lays down 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.
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 ], see ] (Federal Administrative Court).


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.
====United Kingdom====
The ] is a member state of the ] and so is bound by the consumer protection ] of the ]. Domestic (UK) ]s originated within the ambit of ] and ] but, with the influence of ], it is emerging as an independant area of ]. In many circumstances, where domestic law is in question, the matter judicially treated as ], ], ] or even ].


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 ]-Agriculture Marketing.
Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The ] will then investigate, impose injunction or take the matter to ]. The ] also acts as the ]'s official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by ] departments..


===Nigeria===
====Other Commonwealth countries====
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 ], 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 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 the consumer.
In ], the corresponding agency is the Ministry of Consumer Affairs and the New Zealand Commerce Commission . In ] the corresponding agency is the ] or the individual State Consumer Affairs agencies.


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.
==Consumer advocacy groups==

{{main|Consumer organization}}
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 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 product liability actions prior to the enactment of the CPL.<ref>{{cite web|url=http://luatcanhtranhvabaovenguoitieudung.wordpress.com/2011/06/01/taiwan-consumer-protection-law/|title=(TAIWAN) CONSUMER PROTECTION LAW|date=1 June 2011}}</ref><ref>{{cite web|url=http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=189|title=Laws & Regulations Database of The Republic of China|website=law.moj.gov.tw}}</ref>

The Consumer Protection Law (CPL) in ], 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"<ref>Carol T. Juang, Pacific Rim Law & Policy Association, 1997.</ref>

===United Kingdom===
{{main|Consumer protection in the United Kingdom}}
The main consumer protection laws in the UK are the ] and the ].

The ] has left the ], but during the transition period (until end of 2020) the UK was still bound by ] of the European Union. Specifics of the division of roles between the EU and the UK are detailed here.<ref>{{cite web|title=EU law and the balance of competences: A short guide and glossary, 2012|date=21 March 2013 |url=http://www.gov.uk/guidance/eu-law-and-the-balance-of-competences-a-short-guide-and-glossary|publisher=Foreign & Commonwealth Office|access-date=20 April 2016}}</ref> Domestic (UK) laws originated within the ambit of ] and ] but, with the influence of ], it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter is judicially treated as ], ], ] or even ].{{citation needed|date=February 2020}}

Consumer protection issues were dealt with by the ] before 2014. Since then, the ] has taken on this role.<ref>{{Cite web|url=https://www.gov.uk/government/news/new-competition-authority-comes-into-existence |website=gov.uk |title=New competition authority comes into existence |date=1 October 2013|access-date=15 January 2020}}</ref>

===United States===
] shops in California.]]
In the ] a variety of laws at both the federal and state levels regulate consumer affairs. Among them are the ], ], the ], ], ], and the ]. Federal consumer protection laws are mainly enforced by the ], the ], the ], and the ].

At the state level, many states have adopted the Uniform Deceptive Trade Practices Act<ref>{{cite web|url=http://www.law.upenn.edu/bll/archives/ulc/fnact99/1920_69/rudtpa66.pdf|archive-url=https://web.archive.org/web/20100821232355/http://www.law.upenn.edu/bll/archives/ulc/fnact99/1920_69/rudtpa66.pdf|url-status=dead|archive-date=21 August 2010 |via=Penn Law |title=Revised Uniform Deceptive Trade Practices Act}}</ref> including, but not limited to, Delaware,<ref>{{cite web|url=http://delcode.delaware.gov/title6/c025/sc03/index.shtml|title=Title 6 - Chapter 25. Prohibited Trade Practices - Subchapter III. Deceptive Trade Practices|website=Delaware Code Online |url-status=live |archive-url= https://web.archive.org/web/20210126000707/http://delcode.delaware.gov/title6/c025/sc03/index.shtml |archive-date= Jan 26, 2021 }}</ref> Illinois,<ref>{{cite web|url=http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2357&ChapterID=67|title=815 ILCS 510/ Uniform Deceptive Trade Practices Act.|website=www.ilga.gov}}</ref> Maine,<ref>{{cite web|url=http://www.mainelegislature.org/legis/statutes/10/title10sec1212.html|title=Title 10, §1212: Deceptive trade practices|website=www.mainelegislature.org}}</ref> and Nebraska.<ref>{{cite web|url=http://www.nebraskaautobody.com/filedownloads/deceptivetrade.html|title=Nebraska State Statutes - Uniform Deceptive Trade Practices Act|website=www.nebraskaautobody.com|access-date=13 December 2011|archive-url=https://web.archive.org/web/20120117152328/http://www.nebraskaautobody.com/filedownloads/deceptivetrade.html|archive-date=17 January 2012|url-status=dead}}</ref> 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 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.<ref>{{cite web|url=http://www.moga.mo.gov/mostatutes/stathtml/40700000201.html|title=Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law|website=www.moga.mo.gov|access-date=13 February 2015|archive-date=13 February 2015|archive-url=https://web.archive.org/web/20150213234218/http://www.moga.mo.gov/mostatutes/stathtml/40700000201.html|url-status=dead}}</ref> 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 ] 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 ] through the liberal provisions of its ].

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.<ref>{{cite web |title=Buyer's Remorse: The FTC's Cooling-Off Rule May Help |url=https://consumer.ftc.gov/articles/buyers-remorse-ftcs-cooling-rule-may-help |website=Consumer Advice |access-date=26 August 2022 |language=en |date=16 May 2021}}</ref><ref>{{cite web |title=Consumer's Rights to Cancel Home Solicitation Contracts K-9 - California Department of Consumer Affairs |url=https://www.dca.ca.gov/publications/legal_guides/k_9.shtml |website=www.dca.ca.gov |publisher=California Department of Consumer Affairs |language=en |date=September 2010}}</ref>

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.<ref>Lewis D. Eigen, , Scriptamus, 2009.</ref>

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.<ref>{{Cite web|url=https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A/Section9|title=Section 9|website=The 191st general court of the commonwealth of Massachusetts|access-date=11 April 2020}}</ref> Some examples of practices that constitute a Chapter 93A violation would be when:

# ''A Business charges a consumer higher rates than the marked price''
# ''The refund policy is not clearly posted where it can be readily noticed and understood''
# ''A business fails to tell you relevant information regarding your product or service misleads you in any way.''<ref name="mass.gov">{{Cite web|url=https://www.mass.gov/service-details/the-massachusetts-consumer-protection-law|title=The Massachusetts Consumer Protection Law|website=Mass.gov|language=en|access-date=2020-04-12}}</ref>

The laws under MGL 93A prohibit activities that relate to overpricing to a consumer and the use of "]" 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.<ref name="mass.gov"/> 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.<ref>{{Cite web|url=https://www.mass.gov/service-details/the-massachusetts-consumer-protection-law|title=The Massachusetts Consumer Protection Law|website=Mass.gov|language=en|access-date=2020-04-11}}</ref>


==Laws== ==Laws==
* ] * ]

===United Kingdom===
===United Kingdom===<!-- Please respect alphabetical order -->
* ]
* ]
* ]
* ]
* ]
* ] * ]
* ]
* ] * ]
* ]
* ]
* Sale and Supply of Goods to Consumers Regulations 2002/3045
* ]
* ]
* ]
* ]


===United States=== ===United States===
* ] – gives the ] the power to develop safety standards and pursue recalls for products
* ] (proposed)
* ] – created the ] (FTC) to prevent unfair competition, deceptive acts, regulate trade, etc.
;]
* ] – allows US consumers to limit telemarketing calls they receive.
;Food and drug
* ] – led to the creation of the ] (FDA) to regulate foods, drugs, and more.
;Communications
* ] – created the ] (FCC) to regulate all radio and interstate cable, phone, and satellite communications.
;]
* ] (FRCA) – regulates the collection, dissemination, and use of consumer credit information
* ] (FDCPA) – eliminates abusive consumer practices, ensures fairness, etc.
* ] (TILA) – requires clear disclosure of key terms of the lending arrangement and all costs.
;Real estate
* ] (RESPA) – prohibits kickbacks and requires lenders to provide a good faith estimate of costs
;]
* ] (HIPAA) – provides consumer protection for health information
;Digital media
* ] – prohibits production or sale of devices or services intended to circumvent copyright measures.
* ] (proposed) – would repeal the ]

===Australia===
* The ]
* Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001<ref>{{Citation|title=Australian Securities and Investments Commission Act 2001|url=http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/asaica2001529/|access-date=2019-07-03}}</ref> about financial services and products.


==See also== ==See also==
===People===
* ]
* ]
* ]


===Consumer Issues=== ===Consumer issues===
{{Div col|colwidth=22em}}
* ]
* ] * ]
* ]
* ]
* ] * ]
* ] * ]
* ] * ]
* ]
* ]
* ]
* ]
* ] and ]
* ] * ]
* ] * ]
* ]
* ] * ]
* ]
* ] * ]
* ]
* ]
* ] * ]
* ] * ]
* ]
* ] * ]
* ] * ]
{{div col end}}

===People===
* ]
* ]
* ]
* ]

==References==
{{Reflist}}

==Further reading==
* {{cite web|last=Mańko|first=Rafał|title=The notion of 'consumer' in EU law|url=http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130477/LDM_BRI(2013)130477_REV1_EN.pdf|work=Library Briefing|publisher=Library of the European Parliament|access-date=6 May 2013}}


==External links== ==External links==
{{Wikisource|Category:National Consumer Protection Week}}
{{wikibooks|Legal and Regulatory Issues in the Information Economy}} {{wikibooks|Legal and Regulatory Issues in the Information Economy}}
-{{commons category-inline}}
*
* *
*
*
* * Consumer Safety in the EU
* *
* About , a portal for consumers to report complaints concerning online and related transactions with foreign companies
]
* study consumer
]

{{Consumerism}}


]
]
]
]
]
]
]
]

Latest revision as of 09:27, 21 November 2024

Protection of consumers against unfair practices "Consumer Affairs" redirects here. For the dot-com company, see ConsumerAffairs.

Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

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 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 organizations and individuals as consumer activism.

Efforts made for the protection of consumer's rights and interests are:

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 consumer/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.

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 Australian Financial Complaints Authority.

Brazil

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 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.

European Union

Several regulations in 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

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.

India

See also: Consumer Protection Act, 1986
Sign showing Code of Buyers. Fuel outlet, Jaipur
Code of Seller. Fuel outlet, Jaipur

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 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 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 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 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 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 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 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 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 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 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"

United Kingdom

Main article: Consumer protection in the 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. 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.

United States

Consumer protection laws often mandate the posting of notices, such as this one which appears in all automotive repair shops in California.

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.

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 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 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.

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.

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 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.

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 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.

Laws

United Kingdom

United States

Privacy laws
Food and drug
Communications
Banking
Real estate
Health insurance
Digital media

Australia

  • The Australian Consumer Law
  • Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001 about financial services and products.

See also

Consumer issues

People

References

  1. Van Loo, Rory (1 November 2019). "Broadening Consumer Law: Competition, Protection, and Distribution". Notre Dame Law Review. 95 (1): 211.
  2. ^ "L8078". www.planalto.gov.br. Retrieved 3 July 2019.
  3. "L8078". www.planalto.gov.br. Retrieved 12 April 2020.
  4. "DFR - BVerwGE 71, 183 - Transparenzliste". Archived from the original on 19 February 2007. Retrieved 11 July 2006.
  5. "National Consumer Disputes Redressal Commission". ncdrc.nic.in.
  6. V. Balakrishna Eradi, "Consumer Protection and National Consumer Disputes Redress Commission" Archived 21 July 2011 at the Wayback Machine. New Delhi: National Consumer Disputes Redressal Commission. Accessed 25 June 2013.
  7. "(TAIWAN) CONSUMER PROTECTION LAW". 1 June 2011.
  8. "Laws & Regulations Database of The Republic of China". law.moj.gov.tw.
  9. Carol T. Juang, "The Taiwan Consumer Protection Law: Attempt to Protect Consumers Proves Ineffective" Pacific Rim Law & Policy Association, 1997.
  10. "EU law and the balance of competences: A short guide and glossary, 2012". Foreign & Commonwealth Office. 21 March 2013. Retrieved 20 April 2016.
  11. "New competition authority comes into existence". gov.uk. 1 October 2013. Retrieved 15 January 2020.
  12. "Revised Uniform Deceptive Trade Practices Act" (PDF). Archived from the original (PDF) on 21 August 2010 – via Penn Law.
  13. "Title 6 - Chapter 25. Prohibited Trade Practices - Subchapter III. Deceptive Trade Practices". Delaware Code Online. Archived from the original on 26 January 2021.
  14. "815 ILCS 510/ Uniform Deceptive Trade Practices Act". www.ilga.gov.
  15. "Title 10, §1212: Deceptive trade practices". www.mainelegislature.org.
  16. "Nebraska State Statutes - Uniform Deceptive Trade Practices Act". www.nebraskaautobody.com. Archived from the original on 17 January 2012. Retrieved 13 December 2011.
  17. "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law". www.moga.mo.gov. Archived from the original on 13 February 2015. Retrieved 13 February 2015.
  18. "Buyer's Remorse: The FTC's Cooling-Off Rule May Help". Consumer Advice. 16 May 2021. Retrieved 26 August 2022.
  19. "Consumer's Rights to Cancel Home Solicitation Contracts K-9 - California Department of Consumer Affairs". www.dca.ca.gov. California Department of Consumer Affairs. September 2010.
  20. Lewis D. Eigen, "A Solution to the Problem of Consumer Contracts That Cannot be Understood by Consumers Who Sign Them", Scriptamus, 2009.
  21. "Section 9". The 191st general court of the commonwealth of Massachusetts. Retrieved 11 April 2020.
  22. ^ "The Massachusetts Consumer Protection Law". Mass.gov. Retrieved 12 April 2020.
  23. "The Massachusetts Consumer Protection Law". Mass.gov. Retrieved 11 April 2020.
  24. Australian Securities and Investments Commission Act 2001, retrieved 3 July 2019

Further reading

External links

- Media related to Consumer protection at Wikimedia Commons

Consumerism
the philosophy of and activism for consumer protection
Concepts
Activism
Fields of study
Key players
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