BL-Chapt44 - Print Chapter Page 1 of 19 Consumer Law...

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Consumer Law Chapter Introduction 44-1 Deceptive Advertising 44-1a Bait-and-Switch Advertising 44-1b Online Deceptive Advertising 44-1c FTC Actions against Deceptive Advertising 44-1d Telemarketing and Electronic Advertising 44-2 Labeling and Packaging Laws 44-2a Federal Statutes 44-2b Food Labeling 44-3 Sales 44-3a Door-to-Door Sales 44-3b Telephone and Mail-Order Sales 44-3c Online Sales 44-4 Credit Protection 44-4a The Truth-in-Lending Act 44-4b The Fair Credit Reporting Act 44-4c Fair and Accurate Credit Transactions Act 44-4d The Fair Debt Collection Practices Act 44-4e Garnishment of Wages 44-5 Consumer Health and Safety 44-5a The Federal Food, Drug and Cosmetic Act 44-5b The Consumer Product Safety Act Chapter Recap Page 1 of 19 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=44...
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Chapter Introduction Exhibit 44–1. Selected Areas of Consumer Law Regulated by Statutes All statutes, agency rules, and common law judicial decisions that serve to protect the interests of consumers are classified as consumer law . Traditionally, in disputes involving consumers, it was assumed that the freedom to contract carried with it the obligation to live by the deal made. Over time, this attitude has changed considerably. Today, myriad federal and state laws protect consumers from unfair trade practices, unsafe products, discriminatory or unreasonable credit requirements, and other problems related to consumer transactions. Nearly every agency and department of the federal government has an office of consumer affairs, and most states have one or more such offices to help consumers. Also, typically the attorney general's office assists consumers at the state level. In this chapter, we examine some of the major laws and regulations protecting consumers. Because of the wide variation among state consumer protection laws, our primary focus in this chapter is on federal legislation. Realize, though, that state laws often provide more sweeping and significant protections for the consumer than do federal laws. Exhibit 44–1 indicates many of the areas of consumer law that are regulated by federal statutes. Page 2 of 19 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=44...
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44-1 44-1a 44-1b Deceptive Advertising Bait-and-Switch Advertising Drama of the Law: Advertising and Communication Law: Bait and Switch Online Deceptive Advertising One of the earliest federal consumer protection laws–and still one of the most important–was the Federal Trade Commission Act of 1914 (mentioned in Chapter 43). The act created the Federal Trade Commission (FTC) to carry out the broadly stated goal of preventing unfair and deceptive trade practices, including deceptive advertising. Generally, deceptive advertising occurs if a reasonable consumer would be misled by the advertising claim. Vague generalities and obvious exaggerations are permissible. These claims are known as puffery . When a claim takes on the appearance of literal authenticity, however, it may create problems. Advertising that
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