Clark_11e-AM-Ch44.doc

Clark_11e-AM-Ch44.doc - C HAPTER 4 4 CONSUMER LAW A NSWERS...

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347 C HAPTER 44 C ONSUMER L AW A NSWERS TO Q UESTIONS AT THE E NDS OF THE C ASES CASE 44.1—QUESTIONS (PAGE 908) 1A. How might the defendants have avoided the charges against them in this case? Of course, if the defendants had conducted a more reputable business in a less questionable manner, there may have been no basis for the charges against them. The FTC brought its charges, however, after receiving more than 500 complaints from consumers about the defendants’ billing practices. If the defendants had attempted to mollify those consumers beforehand—by sufficiently maintaining a customer service hotline or granting refunds, for example—the number of complaints would likely have been fewer, and the FTC would have been less likely to bring charges. 2A. What agency powers might the FTC use to more precisely determine the number of consumers who paid their phone bills but did not use, or authorize others to use, the defendants’ services? The FTC, or any administrative agency seeking to make such an estimate, might use its investigatory powers to obtain information from, in this case, the phone service providers. For example, during the any consumer who complained about a charge on its bill. The FTC might subpoena AT defendants-appellants’ customers. CASE 44.2—(PAGE 913) THE ETHICAL DIMENSION The jury awarded Saunders only $1,000 in statutory damages, but under the circumstances, this was the maximum allowed under the FCRA. What does the fact that the jury felt compelled to award the maximum allowable amount The court felt that the jury’s award of the maximum statutory damages “further supports its award of punitive damages .. The punitive damages the harm to the plaintiff.” Had the statutory amount been higher, the jury might have
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348 UNIT NINE: GOVERNMENT REGULATION seemingly ignoring its obligations under the FCRA. THE E-COMMERCE DIMENSION Should the Internet make it easier or more difficult to insure that the information provided to and by credit reporting agencies is accurate? Why? The Internet may make it easier to insure the accuracy of credit information by speeding its delivery and simplifying the methods of verification, issuance, and correction. The Internet may make the same quality more difficult in part due to these same considerations—what can be corrected easily can also be “miscorrected” easily. CASE 44.3—(PAGE 916)
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This note was uploaded on 03/17/2011 for the course LAW 1024066 taught by Professor K during the Spring '09 term at Fairleigh Dickinson.

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Clark_11e-AM-Ch44.doc - C HAPTER 4 4 CONSUMER LAW A NSWERS...

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