The Consumer Protection Laws : Consumer Product Protection

The principle of unconscianbility within Australian consumer law was applied most notably in the case of Commercial Bank of Australia Ltd v Amadio. These judgments later played a role in determining the outcome of the Kakavas v Crown Melbourne Ltd, whereby the High court considered the principles and outcomes from the first case in the latter. Unconscionable conduct is concerned with the abuse of a dominant position by one contracting party over a weaker contracting party. When determining if this principle of unconscionable conduct has occurred, three main principled must be assed:

Everyday you consume things may it be food, drinks, or prescription drugs. Most people will just absent mindedly intake these products subconsciously knowing that they are monitored by government organizations ensuring your safety. It has not always been that was and has progressed greatly throughout the years. although all consumer safety organizations may not be reputable, they do much more good than harm. Consumer safety is something that is extremely important to the American family, and has help thousands of people survive. Consumer safety is something that has allowed America to progress to where it is today.

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 scope of this paper is to break down and define social regulation, industrial regulation, and natural monopolies by explaining how they have impacted society and why they exist. It is also the intent to summarize the Antitrust Laws, explain the major functions of the five primary federal regulatory commissions that govern social regulation, and identify three main regulatory commissions of industrial regulation.

Government agencies such as the Food and Drug Administration (FDA), the Consumer Product Safety Commission (CPSC), and the National Highway Transportation Safety Agency (NHTSA) handles setting the safety standards. According to Halbert & Ingulli (2012) parties can allocate risks with some constraints under the Uniform Commercial Code (p.282). For example, Toyotas was having acceleration problems with their vehicles. However, individuals “injured may now turn to the courts to hold manufacturers and sellers liable. In recent decades class action suits of injured Plaintiffs have been brought against entire industries found to have hidden the known risks of their products: asbestos, tobacco, and lead” (Halbert & Ingulli, 2012, p.282).

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

Before 1960,consumer rights were nonexistent. Consumers had little legal protection to defend themselves against deceptive business practices or faulty products(Mullet,lecture). In 1962 President kennedy spoke to Congress about the need for a consumer movement. That call to action that resulted in the Consumer Bill of Rights, the bill included: Right to safety-Consumers have the right to protection against products that have caused physical harm, Right to information- Business must provide consumers with accurate information,allowing them to make informed decisions and products and services, Right to choose- Consumers must be given free choice and options when it comes to choosing products and services offered by various companies,Right to Be Heard-Consumers have the right to voice complaints and concerns regarding company practices and products. By 1945 they added four new points: Right to Basic Needs - Access to food, water, clothing, shelter, healthcare, education, sanitary living conditions , Right to Redress-

is duty bound to follow regulations and laws to ensure the safety of consumers by

Many legal and ethical implications are faced when launching a new product or service. For example, packing, labeling regulations, disclosures, and standards. There are difference regulations set forth in different countries. There is a must that organizations understand the responsibilities regarding regulations are crucial to ensuring worldwide compliance and sustained economic

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.

The competition and Consumer Act 2010 (CCA), which was formerly known as the Trade Practices Act of Australia, is an Act of the Parliament of Australia. This Act covers the common legislative for competition law within Australia. It promotes competition, and the Australian Competition and Consumer Commission (ACCC) administers it, along with three other organisations. The ACCC enforces the CCA and this benefits Australians as a country. The CCA came into operation on the 11th of January. The constitution limits the application of the CCA through section 51, as it sets out the powers between the federal and state parliaments. As a result of this, the CCA mostly applies to corporations. State, Territory and Commonwealth Acts sometimes allow conduct

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 Cunningham’s objective of their research was to determine how many individuals in various sectors of society know about the consumer protection laws and their rights as consumers. These were included, but not limited to false advertising, false retail advertising, credit regulations, credit cards, labeling, truth in lending and deceptive retail practices. These authors view the consumer relatively weak due to a lack of knowledge. They also feel the low incomes are no match for the sophisticated marketer. There these authors are interested in equity. The most important implication derives from the lack of information demonstrated by all income segments of the consumer sample. This situation suggests that what is needed is not more and tougher laws, but rather more information made available to ore individuals concerning their rights as consumers. The present research has demonstrated that one other variable is important: with the exception of a few areas of the law, both consumers and attorneys know very little about their rights as consumers. This was particularly true in areas such as door-door selling, false or deceptive advertising, false or deceptive retail practices. More and better information concerning consumers’ rights must be provided to individuals of all

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)