consumer law essay plans

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Consumer Law Research Guide

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Introduction

When researching consumer law topics, a researcher must often investigate several different areas of law including bankruptcy, real estate, commercial law, and banking law. Statutes at both the federal and state level must also be consulted. Additionally, regulations, decisions, and orders from administrative agencies are sometimes needed. This guide outlines the major primary sources for current consumer laws and regulations, as well as secondary sources to supplement your research.

• Consumer Finance Resources (Bloomberg Law) Consumer Finance Resources are available in Bloomberg Law's Banking & Finance Practice Center.
• Consumer Privacy Resources (Bloomberg Law) Consumer Privacy Resources are available in Bloomberg Law's Privacy & Data Security Practice Center.

Related Research Guides

The Law Library has several other research guides which cover information related to consumer law, including:

• Banking Law Research Guide by Daniel Donahue Last Updated Aug 1, 2024 220 views this year
• Bankruptcy Law Research Guide by Daniel Donahue Last Updated Oct 2, 2023 557 views this year
• Commercial Law Research Guide by Law Library Reference Last Updated Dec 19, 2023 2010 views this year

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Updated 8/13 (MK)  Updated 7/15 (MK)  Updated 5/21 (MK)

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• Last Updated: Jul 2, 2024 10:52 AM
• URL: https://guides.ll.georgetown.edu/consumerlaw

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Product Safety

Cpsc finds amazon responsible for recalls of third-party sellers’ products, unfair & deceptive acts & practices (udap), including discrimination, fifth circuit says dot can’t really regulate airline industry, consumer financial protection bureau, maryland daily record: the cfpb is very much needed.

Here (may be behind paywall). Disclosure: I am a member of the Editorial Advisory Board. The piece discusses possible challenges to the Bureau in Congress and the courts.

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Dol fiduciary rule stayed, cfpb report: junk fees in online payment of school meals, cfpb reports on fees charged by school lunch payment platforms, cfpb addresses ndas and whistleblowers, u.s. supreme court, consumers’ research attacks the cpsc’s constitutionality, class actions, divided second circuit relies on plaintiffs’ intent to find no cafa jurisdiction, federal trade commission , student loans , uncategorized , unfair & deceptive acts & practices (udap), including discrimination, court temporarily stops student loan relief scam.

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Consumer Law

The democratic (il)legitimacy of assembly-line litigation.

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Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.

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• Warranties and Service Contracts

Key Consumer Protection Laws

Be aware of scams, the bottom line.

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What Are Consumer Protection Laws?

Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle.

Consumer protection laws are made to protect consumers from fraudulent business practices, defective products, and dangerous goods and services. They play an important role in a reliable market economy, helping to keep sellers honest, with no threat of unpleasant surprises.

Consumer protection laws in the U.S. comprise various federal and state laws, each of which governs a particular area of the economy. The government oversees consumer protection through the  Federal Trade Commission (FTC), while states use a variety of agencies and statutes to enforce consumer protection and sometimes expand on these laws. Not all jurisdictions protect consumers in the same way, with some being more pro-consumer than others.

Key Takeaways

• Consumer protection laws exist to prevent dangerous or unethical business practices, such as false advertising or faulty products.
• They play an important role in a reliable market economy, helping to keep sellers honest, with no threat of unpleasant surprises.
• For most consumer goods, the Federal Trade Commission (FTC) regulates warranties and service contracts.
• States use agencies and statutes to enforce consumer protection and may expand on federal laws, with some being more pro-consumer than others.
• In finance, consumer protection laws seek to prevent predatory lending, housing discrimination, securities fraud, privacy violations, and other unethical practices.

Consumer Warranties and Service Contracts

Whenever you buy merchandise, it comes with a warranty. This is a guarantee that it will serve the purpose it was purchased for—in other words: It will function.

Express and Implied Warranties 

The two basic types of warranty are express and implied. An express warranty is a promise from the seller, either written, oral, or expressed in an ad, promising that the item will perform its function for a specified period. Whether the item purchased is new or used, an express warranty is a guarantee that the item will work. However, not all items come with an express warranty.

The law automatically provides the second type of warranty, the implied warranty . Implied warranties are a part of all retail sales of new and used consumer goods. The retailer of an item implies that the item will work properly and be of average grade and quality, as long as it is used for the purpose it was sold. For example, a refrigerator will keep things cool as long as you are not trying to cool the entire room, and a blender will blend as long as you are not blending rocks.

Whenever you buy something, it's important to get warranty specifics in writing. Find out what the warranty covers. Does it include service fees if the item needs to be repaired? How long is the warranty? According to the FTC, an implied warranty can last as long as four years, but the actual time period can vary according to the state.

Dealing With Warranty Breach

If a warranty is breached, get the item replaced or repaired by the seller. If that doesn't work, try resolving the dispute through mediation. If that fails, you have the right to sue the manufacturer or seller.

Service contracts cannot be canceled after you've signed them, but according to the FTC, there is a cooling-off period in which, under certain circumstances, you might be able to void a contract. Contact the agency at FTC.gov for information on the right way to approach your particular situation.

To file a complaint about a seller or manufacturer, you can contact the FTC, Consumer Product Safety Commission , or call up your local prosecutor and ask for the consumer fraud division. If you were defrauded by a telephone solicitor or fell into a TV advertiser's trap, the Federal Communications Commission (FCC) is the place to turn for help.

How to Get a Free Credit Report

Under the Fair and Accurate Credit Transactions Act (FACTA) , you are entitled to a free copy of your credit report, at your request, once every 12 months. Financial institutions use the information contained in this report to determine the risk in lending to you. Consumers usually find out about this report only after there has been negative information reported (mishandled accounts, erroneous data, and so on). You can get your free credit report at annualcreditreport.com .

Federal Securities Act

One of the most important consumer protections in finance is the Securities Act of 1933, which was enacted during the Great Depression. The act strictly limits the sale of investment contracts (referred to as "securities") and requires issuers to disclose the details of their financing and business plans. The act also established the Securities and Exchange Commission (SEC), which enforces securities laws and punishes violations.

Fair Credit Reporting Act

The Fair Credit Reporting Act was passed in 1970 to regulate the collection of credit information, which is frequently used to determine mortgage and lending rates. The law limits who can access a consumer's credit history, and prohibits lenders from providing outdated or inaccurate information. The law also allows consumers to read their own credit reports, and to contest any inaccurate information.

The Consumer Financial Protection Bureau (CFPB) is responsible for protecting consumers when it comes to financial products and services.

Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act , usually shortened to the "Dodd-Frank Act," was a sweeping reform of U.S. financial regulations in the wake of the 2008 financial crisis.

The act stepped up oversight of banks and financial institutions, particularly those deemed to have been responsible for the Great Recession. It created the Financial Stability Oversight Council , with the ability to break up banks that were "too big to fail" or to increase their reserve requirements. It also established the CFPB, which regulates subprime mortgages and other predatory lending practices.

The Fair Housing Act

The Fair Housing Act protects buyers and renters of housing from being discriminated against by sellers, landlords, or financial institutions.

The Fair Debt Collection Practices Act (FDCPA)

This law limits the actions of third-party debt collectors when attempting to collect debts on behalf of another person or entity. It outlines when and how often a third-party debt collector can contact a debtor, with noncompliance by debt collectors resulting in lawsuits.

Section 5 of the Federal Trade Act

Section 5 of the Federal Trade Commission Act, sometimes just referred to as “Section 5,” demands that consumers be treated fairly and not deceived or put at risk by businesses. That includes:

• Causing substantial injury to a consumer
• A statement, omission, or practice likely to mislead consumers

Telephone Consumer’s Protection Act (TCPA)

This act ensures that consumers are not deceived and harassed by telemarketers. Thanks to the TCPA, a national do-not-call list was created.

The CAN-SPAM Act

The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 is a law that governs email communication. It establishes requirements for commercial messages, including not using false or misleading headers and subject lines, identifying messages as ads, and providing a postal address and information on how to opt out of being contacted in the future. Recipients have the right to stop being contacted, and penalties will be dished out to those who violate the act’s rules.

The Gramm-Leach-Bliley Act (GBLA)

The GBLA, among other things, requires all U.S. financial institutions to reveal in writing how they handle, share, and protect consumers’ information.

The Children’s Online Privacy Protection Act

This act governs what information websites directed to children under 13 years of age can collect from their visitors.

There are many other acts worth learning about that apply in certain situations, including the Home Owner Protection Act , the Electronic Funds Transfer Act , and the Fair Credit Billing Act .

Scam artists generally take advantage of whatever is happening at a particular point in time. In the wake of the housing bust of 2008, for example, there were a lot of phony foreclosure rescues that caused people to lose the equity in their houses to so-called rescuers.

There also has been an increase in scam attempts through automated phone calls. During the COVID-19 pandemic, the FTC began receiving reports of scammers posing as government officials, using the promise of unemployment benefits to extract Social Security numbers, private bank accounts, or other sensitive information.

Consumer protection laws exist to protect consumers and make us feel more confident about buying things; however, having this protection doesn't mean we shouldn't care about getting scammed. It's better for everyone if a complaint is not necessary.

Tips include using credit cards rather than debit cards for online shopping and closely reviewing every item on your monthly bills. Customers should also use a separate email account for their online shopping. This method helps avoid spam. Also, never respond to emails asking you to "confirm" recent transactions after you shop because they can be phishing scams.

What Are Online Consumer Protection Laws?

There are many such laws in the U.S. to shield consumers from fraud, faulty products, or data privacy invasion. One example is the Restore Online Shoppers' Confidence Act, or ROSCA, which prohibits the sale of user data by third-party payment processors. It also regulates "negative option" contracts, in which a consumer's inaction is interpreted as an intention to pay for a service. Although ROSCA does not prohibit negative options, it does enact certain requirements to ensure that the buyer has informed consent.

How Do Consumer Protection Laws Apply to Mortgage Lending?

Consumer protection laws safeguard borrowers against discrimination and predatory lending practices. The Fair Housing Act prohibits discrimination on the basis of race, sex, religion, national origin, and several other categories. This prohibition applies at every stage of the mortgage application process.

In addition, the Dodd-Frank Wall Street Reform Act prohibits several aspects of predatory lending, such as undisclosed mortgage terms and steering clients to those mortgage products that carry a higher commission.

What Are Consumer Protection Laws for Bankruptcy?

The Bankruptcy Abuse Prevention and Consumer Protection Act has several provisions to limit abuse of the bankruptcy system, including an income threshold for Chapter 7 bankruptcy for individuals. It also protects IRAs from bankruptcy liquidations, so a person who declares bankruptcy will not have to lose their retirement savings.

What Are Consumer Protection Laws That Protect Your Privacy?

The Fair Credit Reporting Act limits the use of consumers' credit history, such as bill payments and borrowing history. Also, the Financial Modernization Act of 1999 (also known as the Gramm-Leach-Bliley Act) establishes protections for personal financial information and requires banks to disclose clearly how private information will be used.

The modern economy is dependent on consumer protection laws. These rules help eliminate bad businesses as well as give consumers peace of mind and encourage them to spend more. Over the past few decades, the number of laws has continued to grow and evolve to reflect new technologies and business practices. And thanks to the Internet and other technologies, consumers are better informed of their rights than ever before.

Cornell Law School. " Consumer Protection Laws ."

Federal Trade Commission. " Warranties ."

Federal Trade Commission. " Fair Credit Reporting Act ."

U.S. Securities and Exchange Commission. " The Laws That Govern the Securities Industry ."

Cornell Law School. " Personal Information ."

U.S. Congress. " H.R.4173 - Dodd-Frank Wall Street Reform and Consumer Protection Act ."

U.S. Department of Justice. " The Fair Housing Act ."

Federal Trade Commission. " Fair Debt Collection Practices Act ."

Federal Reserve. “ Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices ,” Page 1.

Federal Communications Commission. “ Telephone Consumer Protection Act 47 U.S.C. § 227 .”

Federal Trade Commission. ” CAN-SPAM Act: A Compliance Guide for Business .”

Federal Trade Commission. " Gramm-Leach-Bliley Act .”

Federal Trade Commission. " Children's Online Privacy Protection Rule .”

U.S. Department of Justice. " Federal, State Partners Announce Multi-Agency Crackdown Targeting Foreclosure Rescue Scams, Loan Modification Fraud ."

Federal Trade Commission. " Coronavirus Scams: What the FTC Is Doing ."

U.S. Department of the Treasury. " Covid-19 Scams ."

Federal Trade Commission. " Restore Online Shoppers' Confidence Act ."

U.S. Department of Housing and Urban Development. " Housing Discrimination Under the Fair Housing Act ."

U.S. Congress. " S.256 - Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ."

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Consumer policy

Consumers are the backbone of the global economy – their demand for goods and services accounts for 60% of GDP in most OECD countries. Consumer policy ensures informed choices, fair treatment, and safety, while encouraging healthy competition for businesses, spurring innovation and fostering sustainable economic growth. The OECD’s work on consumer policy helps countries design and implement effective, evidence-based policies to safeguard consumer rights, protect vulnerable consumers, and empower individuals with the right information and tools to make decisions in complex and transforming markets.

• OECD Recommendation on Consumer Protection in E-commerce
• OECD Global Recalls Portal

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Key messages, consumer protection is critical in the era of digital transformation.

E-commerce offers consumers many benefits including greater choice, competitive prices, and easy-to-use and secure payment options. However, the complexity of the digital marketplace also makes it more challenging to protect consumers from problems such as unfair online advertising, fake ratings and reviews, and inappropriate consumer data practices. Adopting a proactive approach to consumer protection online is essential to keep pace with technological changes.

Empower consumers in the green transition

Consumers can play a key role in the green transition through their demand for sustainable products. However, studies show that despite their best intentions, consumers face significant barriers in making sustainable purchasing decisions. These hurdles often arise from common behavioural biases, such as a preference for short-term cost savings over investing in longer-lasting products or opting for familiar items to mitigate perceived risks.  Additionally, structural barriers like limited access to repair parts or services and a lack of clear, reliable information about product sustainability, further impede sustainable choices. Recognising these challenges and raising consumers’ awareness becomes a pivotal aspect of policy-driven action to promote a more sustainable marketplace.

Safeguard consumer products in global marketplaces

OECD countries uphold some of the strongest product safety standards, but the borderless nature of e-commerce and technological advancements pose new challenges. Evidence shows that 9 in 10 banned or recalled products in OECD nations are available online, often from global suppliers. Products with artificial intelligence (AI), Internet of Things (IoT), and virtual reality (VR) features raise new concerns regarding product safety and adverse mental health outcomes. Effective regulation is vital for protecting consumers, giving authorities the right tools to address risks, instill business confidence, and support fair and effective competition.

The OECD's Global Recall Portal enables authorities from over 60 OECD and partner countries, ensuring swift exchange of information and removal of hazardous products from the market.

The consumer marketplace of the future

The OECD works with governments, observers, civil society and business representatives to develop a broad range of consumer policies. Today, in the midst of ongoing digital transformation, increasing globalisation and a growing need for more sustainable consumption, the OECD remains more active and relevant than ever, working to ensure that consumer policy is ready for the consumer marketplace of the future.

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• Consumer behavioural insights Understanding consumer behaviour is key to effective policy design. Behavioural insights, rooted in psychology and social science research, explain how people actually make decisions. Learn more
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• Consumption tax trends Succinct, straightforward, and clear, jargon-free, messaging is required here: what are the (global) challenges and what is at stake (for OECD countries) with respect to this policy sub-issue? Keep in mind user perspective logic by signposting the multiple angles/sectors that can be brought to bear on the issue. 180-300 chars (3-6 lines) is ideal. Learn more
• Dark commercial patterns Dark commercial patterns steer, deceive, coerce, or manipulate consumers into making decisions against their best interest. Learn more
• Product safety Unsafe products pose significant risks to individuals, leading to injuries, fatalities, and substantial economic burdens. Effective regulation is essential to ensure necessary protections, instill confidence in businesses, and foster fair competition. Learn more
• Sustainable consumption Consumers can play a critical role in reaching climate and sustainability goals. However, more needs to be done to support sustainable decision-making. Learn more

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HSC Legal studies consumer essay notes

Everything you'll ever need for the consumer topic for legal studies. These extensive essay notes helped me obtain 1st overall and a band 6 in the hsc. Includes case and evidence summaries needed for constructing well-written responses.

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Consumer Law (Notes) #2

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consumer law essay (1 Viewer)

• Thread starter sandra
• Start date Aug 16, 2004

I got an essay asking to " ASSESS THE EFFECTIVENESS OF THE LEGAL SYSTEM IN PROTECTIG CONSUMER RIGHTS " Im having trouble keeping to the 600-800 word limit though , so i was wandering if anyone knew what are the important things i should speak about, and what is not necesary to include, cuz i got no idea... Thx heaps..  

santaslayer

Active member.

Tabris said: Evaluating the Effectivness of the law essay plan: ------------------------------------------------------------------------------------------------------- Intro - the effectiveness of the law can be evaluated by examing the effectiveness on individuals; equality, accessibility, enforcability, resource efficiency and recognition and protection of rights. - For society it can be evaluated through its resource efficiency, reflection of community standards, opportunities for appeals , reviews and eforcability and balancing rights and values of society with individuals Body (Body 1) - There always has been an unequal baalnce of power between indiviudals and businesses and the law atempts to rectify this problem through the creation of statute law. - Trade practices act 1974(Cth) - Sales of goods act 1923 NSW - Fair Trading act 1987 NSW - Contract review act 1980(NSW) - These statutes attempt to balance the power between individuals and businesses in achieving justice - These statutes set out the obligations, rights and responsibilities of the individuals and the business firms regarding the production and consumption of goods and services - Donoghue vs Stevenson case showing the shift of power by challenging the Lassaiz faire notion creating a more equal baalnce of rights and responsibilities of consumers and businesses - However equality is limited as individual power can not match the collective power of business firms - Overall equality of rights and responsibilty exists in simple transactions and is effective but not in major disputes where there is a great inequality of power between individuals and trans-national businesses (Body2) - accessibility refers to the ability of the individual to achieve consumer redress and is essential in achieving justice as shown in Dietrcih v Queen - accessbility to the law has increased with the introduction of ADR, mediation and conciliation and out of court settlements as well as self help programs - This along with the department of fair trading's complaint handling has allowed greater consumer redress for individuals over the years - the existence of legal aid has created financial support for individuals who dont have the resources to take on big businesses - however there the effectiveness of mediation and conciliation and self help mechanisms are limited and many cases end up in court - legal aid is limited and requires means tested and the cost and time of litigation deters many from taking action - even if legal aid is guarenteed, the quality of representation may be of a lower standard than a rich business's lawyers - Overall, the law can effective in providing access to simple disputes and again, complicated and large disputes deters many individuals from taking action (Body 3) - Enforcability refers to the effectiveness of the law in enforcing itself on soceity - The law is effective in enforcing any domestic breaches as statute law and common law is applied in the same way as any other law - The existence of the ACCC, ASIC and APRA monitors the markets and major business activity so any breach can be dealt with the fullest extent of the law - However, globalisation has restricted the enforcability of domestic law as it cannot exted beyond our borders unlike businesses - James Hardy Aesbestos case and Christopher Skase case is one example where business owners has shifted overseas and escaped major legal action - International law is in its infant stages and cannot be effective in extradition etc. - Overall the law can be enforced effectively domestically but not internationally (Body 4) - Resource efficiency has improved the time and costs of achieving jsutice and consumer redress for indivuduals -The ACCC, dept of fair trading all provide information on consumer's rights and businesses responsibilities - Through self-awareness of rights, individuals can use self help measures and mediation and conciliation avenues to achieve redress - However, resources can only be efficientyl sued on a small simple scale, large matters require massive amounts of resources and time - The bereaucracy and red tape involved in the legal system which limits the effectiveness of resource efficiency for the indivudal - Overall resource efficiency can only be effective and useful in minor matters not large corporate legal action matters (Body 5) - recognition and protection of individual rights has been largely effective through the law - Trade practices act 1974(Cth) - Sales of goods act 1923 NSW - Fair Trading act 1987 NSW - Contract review act 1980(NSW) - The department of fair trading and the ACCC recognises rights of the consumers by monitoring and making reviews of current rights with business and consumer trends - Australia has also implemented the UN International Convenant on social and economic rights (ICSER) 1966 which protects and recognises basic human economic rights - The ACCC and dept of fair trading and the also advocates for the consumers if the matter is beyond there comprehension - Amadio case where the law recognised and protected Amadio's rights where the Bank attempted to take advantage through unconscionable behaviour - the recent media case where the RBA took action against major credit card banks to stop increased card fees - overall the law has been very effective in protecting and recognising individual rights. ------------------------------------------------------------------------------------------------------- This is a rough plan of my intro and body for evaluating the effetivness of the law in teh consumer law topic I will include effectiveness of society later Anway what do u think of it? its for my assessment task on Monday and some feedback would be nice, if theres any problem or bad information in it plz let me know Click to expand...

santaslayer said: 1) Nice introduction. You've effectively communicated what you are addressing in your essay, which forces the examiner to mark it in a way which you find suitable. 2) You should really try to be specific when citing legislation. What is the value of the pieces of legislation you are referring to? 3) Referring to other regulatory bodies such as the ACCC is nice. 4) Nice number of cases. 5) International refernces are always a winner. 6) Something about law reform is just before the conclusion is always good. What can the legal system improve? 7) Statistical information, News articles and other forms of media should be included. 8) Overall, you've raised valid points. Using other forms of authority to back up what you say is what you need to work on. Nice effort. Click to expand...

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Consumer essay plans

Consumer essay plans (LCMDI) summarised into brief notes

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A-Level Law: AQA Law and Society, Contract Law Essay + Model + Plan

Subject: Law and legal studies

Age range: 16+

Resource type: Assessment and revision

Last updated

20 February 2023

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This is a past paper AQA theory of law style question with a model answer and plan.

This question looks at law and society and the connection between the Consumer Rights Act 2015 and freedom of contract.

This is a 15 mark Nature of Law style question from the AQA examination.

Included is a model answer and plan which can be used to help support marking.

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