Consumer Protection Act : Protecting The Consumers From Unfair Trade Practices

This assignment will examine and analyse the case and its determination from the Canadian International Trade Tribunal (CITA) which involves Corel Corporation and the Department of National Revenue. Corel Corporation, which gets its name from Cowpland Research Laboratory, is a software company in Canada which is headquartered here in the nation’s capital. Corel specializes in graphics design, graphics software, processing graphics, and graphics programming (Corel Corporation, 2014).

The sales of Goods Act 1979 is a law that is there to secure customers, furthermore, it's there to guarantee that every product that has been promoted ought to be precisely the same as the way it was seen on the advertisement furthermore it ought to fit its motivation and the nature of the merchandise ought to be palatable. This implies any items that are being sold needs to fit for its motivation. These influence the showcasing as it implies that any advertising would need to depict their items exact.

The Australian Competition and Consumer Commission (ACCC) is an administer of the competition and Consumer Act (CCA) which is to prevent collusion among the firms and to prevent the individual firm which break the market equilibrium with their market power. Well competitive market would deliver efficiency costs, faster innovation, prevention of unduly concentrated markets, business freedom, wealth distribution, and enhancement of international competitiveness. Therefore, the ACCC is playing a crucial role in Australia, and their activities can be divided into four categories; (1) the policies for anti-competitive conduct and anti-competitive practices, (2) the mergers policy, (3) the consumer protection policy, and (4) four pillars policy.

The most efficient way for consumers to get what they want is through the ‘market’, not the government, but businesses have more power than their customers. Some businesses can and will use abuse this power and cheat and steal from consumers to make money. Because of this, the government regulates the behaviour of businesses to have a market economy that functions properly. These laws mainly protect consumers against; misleading/deceptive representations, unconscionable conduct, unfair contracts, and unsafe goods and/or services. To protect consumers, different legal and non-legal approaches have been taken.

In this task, Customer of Legislation, I will discuss the five main acts of parliament that the legislations are made for the business. The legislation is a law, which there are five for businesses, which everyone must follow the law, however, the ideas of Laws in a business are made by the government to make sure customers of a business are protected from a business by the five Acts of Parliament. These Laws of parliament will make sure the Business follows the rules for customer’s protection purposes. However, if they don’t follow the rules, the customers could be harmed; the businesses must be honest to customers; the business must not take advantage of customers.

Consumer protection laws are federal and state statues governing sales and credit practices involving consumer goods. Consumer Product Safety Commission, Unfair or Deceptive Trade Practices, Truth in Lending Act, Fair Debt Collection Practices Act, Warranties and Consumer Remedies are laws that were establish to give the consumer a fair shake at buying or borrowing money. Goods that were purchase or service for personal use were presumed fair that buyers and sellers would bargained for equal positions. The consumer protection is a law that has to contribute to safety, protecting the health of consumers and the economic interest of consumers. Local trade practices consider unfair or deceptive may fall with Federal Trade Commission laws and regulations and have an effect on interstate commerce. Federal and state laws governing sales, credit financing and reporting, product quality, leases, sales practices, debt collection and other aspects of consumer transactions may be regulated as deceptive trade practices. Consumers are protected by several types of agencies and statues that are enforced by state and federal laws. Today many of consumer protection issues are involve with the

Michigan has adopted the Antitrust Reform Act. Mich. Comp. Laws Ann. § 445.774a. The Act allows employers to obtain agreements , protecting their reasonable competitive business interests by prohibiting employment with competitors. Id. But the agreement must be reasonable “as to its duration, geographical area, and the type of employment or line of business.”Id. To be reasonable, a restrictive covenant must “‘protect against the employee’s gaining some unfair advantage in competition with the employer, but not prohibit the employee from using general knowledge or skill.’” Coates v. Bastian Brothers, Inc, 276 Mich. App. 498, 741 N.W.2d 539  (2007) If the agreement is found to be unreasonable, a court may “limit the agreement to

The tariff laws between the late 1828 and 1833 caused people like John C. Calhoun to realize that states should have the right reject laws passed by the federal government. This law forced the South to buy manufactured goods from U.S. manufacturers at a higher price. The southern states also received a reduced income from raw materials they sold to Northern manufacturers. This affected the Southern states economy and made many politicians angry, including Calhoun, the vice president and a politician from South Carolina. Later he wrote a nullification doctrine to express his opinions on the tariff. The nullification crisis greatly affected the growth of states’ rights over federal power. Because of the nullification crisis in South Carolina there were even thoughts of secession in the early 1830’s.

Antitrust law in the United States is a collection of federal and state government laws regulating the conduct and organization of business corporations with the intent to promote fair competition in an open-market economy for the benefit of the public. Congress passed the first antitrust statute, the Sherman Antitrust Act, in 1890 in response to the public outrage toward big business. In 1914, Congress passed two additional antitrust laws: the Federal Trade Commission Act and the Clayton Act. (The Antitrust Laws. Web.)

In response to those weaknesses, the Federal Trade Commission was created and given authority to enforce the acts’ provisions and “protect consumers by preventing anticompetitive, deceptive, and unfair business practices… and accomplishing this without unduly burdening legitimate business activity” (“About the FTC”). The Federal Trade Commission’s responsibilities included preventing and dissolving monopolies, bringing civil law suits against violators of the law, and monitoring the business community for violations of law (Davis). Since its creation, rules such as the Telemarketing Sales Rule, Pay-Per-Call Rule, and Equal Credit Opportunity Act were placed under the Commission’s jurisdiction, increasing their magnitude. However, in the Constitution Congress is given power, “[t]o regulate

II. Antitrust laws: Federal Trade Commission- protects consumers by stopping unfair, deceptive or fraudulent practices in the marketplace by conducting investigations, prosecuting companies and/or individuals that violate the law, developing rules to ensure a vibrant marketplace, and educating consumers and businesses about their rights and responsibilities. (FTC, 2016).

Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.

In both developed and underdeveloped economies, there is a need to put regulations which ensure that profits are not abnormally earned at the expense of the innocent clients. It is therefore the mandate of the territorial authorities to put in place measures that introduce checks and balances in all trades. The respective companies or business must also follow the same suit lest they find themselves in the crossroads of law. However,

This essay will analyse the Consumer Rights Act 2015 (‘CRA 2015’) as it is a significant element of the government’s reform of consumer law in the UK. The Act has been lauded as an immense upheaval of consumer law due to the integration of eight existing pieces of legislation into one. The complicated regulations regarding goods and services that consumers and businesses struggle to comprehend will no longer apply under the Act.

The Trading Standards Institute enforces consumer related legislation as determined by central government. The variety of this legislation is vast and is always evolving. In view of this changing environment, the Trading Standards Institute is dedicated to engaging with central government and other proposals, displayed in their responses to the various consultations that concern consumer protection issues and/or the Trading Standards profession. (TSI 2010)