Consumer Bill of Rights

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On March 15, 1962, President John F. Kennedy presented a speech to the United States Congress in which he extolled four basic consumer rights, later called the Consumer Bill of Rights. The United Nations through the United Nations Guidelines for Consumer Protection expanded these into eight rights, and thereafter Consumers International adopted these rights as a charter and started recognizing March 15 as World Consumer Rights Day.

Contents

Background

Before the mid-twentieth century, consumers had limited rights with regard to their interaction with products and commercial producers. Consumers had limited ground on which to defend themselves against faulty or defective products, or against misleading or deceptive advertising methods.

The consumer movement began to gather a following, pushing for increased rights and legal protection against malicious business practices. By the end of the 1950s, legal product liability had been established in which an aggrieved party need only prove injury by use of a product, rather than bearing the burden of proof of corporate negligence.

Helen Ewing Nelson was a drafter of the Consumer Bill of Rights and sought an outlet for distributing it. [1] [2] [3] During Kennedy's election campaign he made a promise to support consumers. [2] After his election, Fred Dutton, a colleague of Nelson's and a government officer who advised the president, asked for Nelson's suggestions on how the president could support consumers, and she sent him the Consumer Bill of Rights. [2] Kennedy presented those rights in a speech to Congress on March 15, 1962. [4] In that speech he named four basic rights of consumers.

The Original Four Rights

The Right To Safety

The assertion of this right is aimed at the defense of consumers against injuries caused by products other than automobile vehicles, and implies that products should cause no harm to their users if such use is executed as prescribed. The right was further formalized in 1972 by the US federal government through the Consumer Product Safety Commission (CPSC). This organization has jurisdiction over thousands of commercial products, and powers that allow it to establish performance standards and require product testing and warning labels.

The Right To Be Informed

This right states that business should always provide consumers with enough appropriate information to make intelligent and informed product choices. Product information provided by business should always be complete, truthful and also appropriate. Aiming to achieve protection against misleading information in the areas of financing, advertising, labeling, and packaging, the right to be informed is protected by several pieces of legislation passed between 1960 and 80.

Some of the legislation which was made because of the assertion of this right include the following:

The Right To Choose

The right to free choice among product offerings states that consumers should have a variety of options provided by different companies from which to choose. The federal government has taken many steps to ensure the availability of a healthy environment open to competition through legislation including limits on concept ownership through patent law, prevention of monopolistic business practices through anti-trust legislation, and the outlaw of price cutting and gouging.

The Right To Be Heard

This right gives the ability to consumers to voice complaints and concerns about a product in order to have the issue handled efficiently and responsively. While no federal agency is tasked with the specific duty of providing a forum for this interaction between consumer and producer, certain outlets exist to aid consumers if difficulty occurs in communication with an aggrieving party. State and federal attorneys general are equipped to aid their constituents in dealing with parties who have provided a product or service in a manner unsatisfactory to the consumer in violation of an applicable law. Also, the Better Business Bureau is a national non-governmental organization whose sole agenda is to provide political lobbies and action on behalf of aggrieved consumers.


Expansion To Eight Rights

In 1985, the concept of consumer rights was endorsed by the United Nations through the United Nations Guidelines for Consumer Protection, which expands them to include eight basic rights.

The Right To Satisfaction Of Basic Needs

This right demands that people have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water, etc.

The Right To Redress

The right to redress provides for consumers to receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods, or unsatisfactory services. For example, a consumer should be able to go to consumer court against mobile phone companies that put hidden charges on the bill that were not previously explained, or activate ringtones without the consumer's permission.

The Right To Consumer Education

The right to consumer education states that consumers should be able to acquire knowledge and skills needed to make informed, confident choices about goods and services while being aware of basic consumer rights and responsibilities and how to act on them.

The Right to a Healthy Environment

This is the right to live and work in a work space or home that is non-threatening to the well-being of present and future generations.

World Consumer Rights Day

The NGO Consumers International adopted the eight rights and restated them as a charter. [6] Subsequently, the organization began recognizing the date of Kennedy's speech, March 15, as World Consumer Rights Day. [7]

United Kingdom provisions

As of May 2014, the UK Government has introduced proposed legislation before Parliament. The bill is the "Consumer Rights Bill", and it will consolidate and develop Unfair Contract Terms provisions and Consumer Protection provisions. [8]

Related Research Articles

<span class="mw-page-title-main">Consumer</span> Users or consumers of products or services

A consumer is a person or a group who intends to order, or use purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. The term most commonly refers to a person who purchases goods and services for personal use.

Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Patient rights consist of enforceable duties that healthcare professionals and healthcare business persons owe to patients to provide them with certain services or benefits. When such services or benefits become rights instead of simply privileges, then a patient can expect to receive them and can expect the support of people who enforce organization policies or legal codes to intervene on the patient's behalf if the patient does not receive them. A patient's bill of rights is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically a patient's bill of rights guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights.

<span class="mw-page-title-main">Civil Rights Act of 1964</span> Landmark U.S. civil rights and labor law

The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".

The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while the right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks."

The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the Trade Practices Act 1974, which was renamed the Competition and Consumer Act 2010 on 1 January 2011. The ACCC's mandate is to protect consumer rights and business rights and obligations, to perform industry regulation and price monitoring, and to prevent illegal anti-competitive behaviour.

Negative option billing is a business practice in which customers are given goods or services that were not previously ordered, and must either continue to pay for the service or specifically decline it in advance of billing.

<span class="mw-page-title-main">False advertising</span> Misleading content in advertisements

False advertising is the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally to promote the sale of property, goods, or services. A false advertisement can be classified as deceptive if the advertiser deliberately misleads the consumer, rather than making an unintentional mistake. A number of governments use regulations to limit false advertising.

<span class="mw-page-title-main">Privacy laws of the United States</span>

Privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain.

<span class="mw-page-title-main">Geographical indication</span> Indication of a products source

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin. The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin.

<span class="mw-page-title-main">Debt collection</span> Pursuit of debt payments owed by an individual or business

Debt collection is the process of pursuing payments of money or other agreed-upon value owed to a creditor. The debtors may be individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed. Historically, debtors could face debt slavery, debtor's prison, or coercive collection methods. In the 21st century in many countries, legislation regulates debt collectors, and limits harassment and practices deemed unfair.

Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore.

Privacy law is a set of regulations that govern the collection, storage, and utilization of personal information from healthcare, governments, companies, public or private entities, or individuals.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.

<span class="mw-page-title-main">Trademark</span> Trade identifier of products or services

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.

The concept of the informed consumer is fundamental in the law of the European Union. Since the European Council Resolution of 14 April 1975, one of the primary objectives of the European Community, and then the European Union, has been the provision of information to consumers. The rationale is that market actors are enabled to make better choices when they are informed and have a greater capacity to understand the importance of their market actions and choices.

<span class="mw-page-title-main">Report to the American People on Civil Rights</span> 1963 Civil Rights speech by President John F. Kennedy

The Report to the American People on Civil Rights was a speech on civil rights, delivered on radio and television by United States President John F. Kennedy from the Oval Office on June 11, 1963, in which he proposed legislation that would later become the Civil Rights Act of 1964. Expressing civil rights as a moral issue, Kennedy moved past his previous appeals to legality and asserted that the pursuit of racial equality was a just cause. The address signified a shift in his administration's policy towards strong support of the civil rights movement and played a significant role in shaping his legacy as a proponent of civil rights.

In Canada, passing off is both a common law tort and a statutory cause of action under the Canadian Trade-marks Act referring to the deceptive representation or marketing of goods or services by competitors in a manner that confuses consumers. The law of passing off protects the goodwill of businesses by preventing competitors from passing off their goods as those of another.

Legal fake is a phenomenon in the fashion industry wherein a third company precedes the original brand company in the registration of the trademark, running its own business, from production to sales, in another country. By exploiting the products, creativity, marketing, and advertising strategies of the original brand, the company misleads consumers, who are not aware that the goods are fake goods. Thus, its typical traits lay upon the question of intellectual property, trademark registration laws among different countries, advertising strategies, and consumer behaviour.

References

  1. ↑ Smith, Rebecca (4 September 1995). "Pioneer fights on for consumer safety - Baltimore Sun". articles.baltimoresun.com. Retrieved 8 July 2013.
  2. 1 2 3 Shearer, Julie (1977–1979), Pat Brown - Friends and Campaigners, Berkeley, California: Regional Oral History Office , retrieved 8 July 2013
  3. ↑ "Helen Nelson (1913-2005) will be greatly missed by the consumer movement". consumer-action.org. Consumer Action. 23 March 2005. Retrieved 8 July 2013.
  4. ↑ Kennedy, John F. (March 15, 1962). "John F. Kennedy: Special Message to the Congress on Protecting the Consumer Interest". presidency.ucsb.edu. Archived from the original on 14 September 2018. Retrieved 8 March 2013.
  5. 1 2 3 4 Lush, Mary; Hinton, Val (2007). "Consumer Bill of Rights". In Burton S. Kalisk (ed.). Encyclopedia of business and finance (2. ed.). Detroit: Thomson/Gale. ISBN   978-0028660615.
  6. ↑ "Consumers International - Who we are - consumer rights". consumersinternational.org. Retrieved 3 September 2014.
  7. ↑ Guest, Jim (15 March 2012). "Jim Guest: Fighting for Consumer Rights, Fifty Years After Kennedy's Call". huffingtonpost.com. Retrieved 8 March 2013.
  8. ↑ "Consumer Rights - Law Commission". lawcommission.justice.gov.uk. Archived from the original on 28 April 2015. Retrieved 3 September 2014.

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