Legal Factors Of Consumer Protection

Consumer protection also imposes additional costs onto a business since it is mandatory that they comply with these laws. If they do not comply they risk fines and ultimately being put out of business by a court of law. The Consumer Rights Act is now operating in place of the Sales of Goods, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act. The Consumer Rights Act was introduced in October 2015 to simplify, strengthen and make clearer an individual’s rights when acting as a consumer. Similarly to the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described. Under the Consumer Rights Act individuals have a legal right to discard goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund. This right is limited to 30 days from the date the product is bought. After 30 days the consumer will not be legally entitled to a full refund if the item develops a fault. With digital products such as apps or games consumers can ask for the product to be repaired or replaced if it develops a fault. And if this isn't possible, individuals have the right to receive a price

An agreement means a consensus on at least those essential terms needed for a workable transaction. The process of reaching an agreement is generally analysed as involving an offer and acceptance. Where the offer is a clear indication of the terms upon which a person is prepared to be bound, and an acceptance is assenting to, agreeing, or

 - the seller is to follow through with what is outlined in a contract. Buyers are required to pay for and accept items as any contract states.

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.

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

The Act dictated that relevant supervisory agencies ensure depository banks fulfill the credit and lending needs in the areas in which they were chartered. The Act goes on to state that all business must continue to be conducted within sound operating practices. Compliance (or lack thereof) would be taken into account when approving applications for expansion through new charters, mergers and acquisitions. The law makes no attempt to evaluate the performance of any given institution, nor does it establish minimum criteria for granting an individual or business a loan. The CRA does not mandate that an institution take on any particular types of loans, or approve certain applicants.

laws that outlaw discrimination and other unfair treatment in consumer finance” This does give them the

Sales of goods act requires traders to sell goods that are as they are described and of satisfactory quality. It also

The new consumer protection with this law is that applications such as loan and credit cards must be easy to understand. For example there can’t be any “fine print” that is tricky or hard to understand and there cannot be any hidden fees. Next time banks take big risk and fail the government will no longer bailout them on the reason “too big to fail”. If the bank fails because of their business practices; just like any regular mom and pop store it closes and files bankruptcy.

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.

Whilst a critical part of consumer spending, credit card companies are constantly accused of malicious legal contracts and schemes to increase profits. Without heavy regulation, these companies have the power to bankrupt millions of Americans that rely on credit cards in their daily lives. However, after the introduction of The Credit Card Act of 2009, these accusations represent an inability to accept responsibility for financial blunders on the consumer’s behalf. Due largely in part to the government’s strict regulations, credit card companies should not be at fault for the student credit card debt crisis. Credit card companies remain blameless for student credit card debt as a result of

The CRA now incorporates a three-tier system to resolve any problems between the consumer and the trader. The degree and nature of the remedies available will depend on the amount of time the consumer has owned the product or on the type of service provided. The first step is when the goods are not satisfactory, in which consumers are entitled to reject them, as provided under Section 22. A full refund can be claimed and must be given without undue delay and this has been covered under Section 20. The second step occurs when the consumer has either lost the chance or not chosen to reject the goods. Under Section 23, the consumer is entitled to claim a repair or replacement of the goods. The trader must repair or

Section 12(1) of the act state that, “A stipulation in a contract of may be a condition or a warranty” explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as “Conditions”. Further, a term which are not of so vital importance is known as “Warranty”.

The Sale of Goods Act 1979 controls English law transactions between the purchaser and the seller of goods; it also applies to contracts where involving a transfer of the property in goods or an agreement to transfer a consideration in money.