Consumer Protection Law in a Nutshell
Authors:
Pridgen, Dee / Marsh, Gene A.
Edition:
4th
Copyright Date:
2016
6 chapters
have results for "consumer law"
Preface to the Fourth Edition 3 results
- Other aspects of consumer law, such as international or comparative consumer law, unfortunately are beyond the scope of this book. Likewise, consumer product safety and products liability cases, are also not included. Mainly in the interest of brevity and to avoid becoming dated, this book mainly uses primary sources, such as statutes, regulations and cases, for its relatively limited citations. Law review articles related to consumer law, while not referenced here, should be explored by those seeking a more comprehensive knowledge of the subject matter.
- The limitations of scope, as well as the summary nature of the coverage within this book, are premised on the basic purpose of this Nutshell, which is to provide a concise overview of the law of consumer protection in the United States. The book is intended for use as a supplement to the regular course materials in a consumer law course, as well as a reference for practicing attorneys, judges and/or legislators, both domestic and international, who wish to obtain a “big picture” perspective on American consumer law. Any in-depth study of the topics covered here should go well beyond this volume. Nonetheless, it is a goal of this Nutshell to provide a stepping off point or general orientation to help start the reader on a journey into the fascinating world of consumer protection law.
- Consumer law is not only based on legislation and regulations. Consumer-related case law has also seen significant new developments since the publication of
- Open Chapter
Chapter One. Introduction to Consumer Protection Law 7 results (showing 5 best matches)
- Consumer product safety laws could also legitimately be considered as part of consumer law. A federal agency, the Consumer Product Safety Commission, was set up in the 1970s to protect the public from dangerous products. In addition, there is a huge body of products liability tort law that also deals with the same subject. This aspect of consumer law is also beyond the scope of this Nutshell.
- B. WHAT IS CONSUMER LAW?
- in Internet-based purchases. Although this Nutshell does not examine consumer protection policies outside of the United States, there is a growing consensus of international opinion on what good consumer laws and practices should be. In 1985 the United Nations adopted . The UN Guidelines have had a significant influence on consumer policy actions undertaken by governments and consumer groups, across many cultures. There is a growing body of literature on consumer law and consumer protection activities across the globe.
- The body of law called “Consumer Law” refers to the collection of statutes, regulations, agency cases and court cases that proliferated in response to the consumer movement which was on the rise in the late 1960s and early 1970s. The statutes were both federal and state level and most of the statutes passed during this era remain with us today although they are frequently amended to address new issues in the consumer marketplace as they evolve over time.
- since consumer law came into its own. In this volume, we try to present this topic in an organized fashioned that will make it accessible to law students, lawyers, judges, legislators and others as well.
- Open Chapter
Outline 1 result
- Many consumer laws provide specifically for class actions. Such statutory provisions normally specify prerequisites, procedures and safeguards against abuse. Otherwise, consumer class actions will be governed by the state’s general rules on class action, which in turn are typically modeled on the federal rules. Rule 23 of the Federal Rules of Civil Procedure
- The widespread use and enforcement of mandatory, pre-dispute arbitration agreements in consumer contracts is probably the most controversial and potentially the most detrimental development in 21st century consumer law. Retailers, lenders, credit card issuers, as well as cable, internet and mobile phone providers and many others increasingly are requiring consumers to sign arbitration agreements at the time of contracting. In some cases, businesses attempted to add arbitration provisions to the contract through “bill stuffer” provisions included in a monthly statement, where the original contract lacked an arbitration provision. Today, most consumers who purchase anything online will encounter scroll down or hyperlinked terms and conditions to which they must agree prior to completing the purchase. Many of these online boilerplate agreements also contain arbitration clauses.
- Open Chapter
- Publication Date: September 2nd, 2016
- ISBN: 9781634604710
- Subject: Consumer Law
- Series: Nutshells
- Type: Overviews
- Description: This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as raising claims and defenses against third party financers (Holder in Due Course), warranties, default and debt collection, are included. Last but not least, there is a chapter on the law affecting various forms of payment for consumer transactions, including credit and debit cards.