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 (or its production) 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.
Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. Entities that promote consumer protection include government organizations (such as the Federal Trade Commission in the United States), self-regulating business organizations (such as the Better Business Bureaus in the US, Canada, England, etc.), and non-governmental organizations that advocate for consumer protection laws and help to ensure their enforcement (such as consumer protection agencies and watchdog groups).[citation needed]
A consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing. Consumer interests can also serve consumers, consistent with economic efficiency, but this topic is treated in competition law. Consumer protection can also be asserted via non-government organizations and individuals as consumer activism.
Efforts made for the protection of consumer's rights and interests are:
Consumer protection law or consumer law is considered as an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions. It is a way of preventing frauds and scams from service and sales contracts, eligible fraud, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. There have been some arguments that consumer law is also a better way to engage in large-scale redistribution than tax law because it does not necessitate legislation and can be more efficient, given the complexities of tax law.[1]
In Brazil, consumer protection is regulated by the Consumer's Defense Code (Código de Defesa do Consumidor),[2] as mandated by the 1988 Constitution of Brazil. Brazilian law mandates "The offer and presentation of products or services must ensure correct, clear, accurate and conspicuous information in the Portuguese language about their characteristics, qualities, quantity, composition, price, guarantee, validity and origin, among other data, as well as the risks they pose to the health and safety of consumers."[3] In Brazil, the consumer does not have to bring forward evidence that the defender is guilty. Instead, the defense has to bring forward evidence that they are innocent.[2] In the case of Brazil, they narrowly define what a consumer, supplier, product, and services[pt] are, so that they can protect consumers from international channels trade laws and protect them from negligence and misconduct from international suppliers.
Germany, as a member state of the European Union, is bound by the consumer protection directives of the European Union; residents may be directly bound by EU regulations. A minister of the federal cabinet is responsible for consumer rights and protection (Verbraucherschutzminister). In the current cabinet of Olaf Scholz, this is Steffi Lemke.
When issuing public warnings about products and services, the issuing authority has to take into account that this affects the supplier's constitutionally protected economic liberty, see Bundesverwaltungsgericht (Federal Administrative Court) Case 3 C 34.84, 71 BVerwGE 183.[4]
Sign showing Code of Buyers. Fuel outlet, JaipurCode of Seller. Fuel outlet, Jaipur
In India, consumer protection is specified in The Consumer Protection Act, 2019. Under this law, Separate Consumer Dispute Redress Forums have been set up throughout India in every district in which a consumer can file their complaint on a simple paper with nominal court fees and their complaint will be decided by the Presiding Officer of the District Level. The complaint can be filed by both the consumer of a goods as well as of the services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes RedresaRedressalsion (NCDRC).[5] The procedures in these tribunals are relatively less formal and more people-friendly and they also take less time to decide upon a consumer dispute[6] when compared to the years-long time taken by the traditional Indian judiciary. In recent years, many effective judgments have been passed by some state and National Consumer Forums.
Indian Contract Act, 1872 lays down the conditions in which promises made by parties to a contract will be legally binding on each other. It also lays down the remedies available to the aggregate party if the other party fails to honor their promise.
The Sale of Goods Act of 1930 provides some safeguards to buyers of goods if goods purchased do not fulfill the express or implied conditions and warranties.
The Agriculture Produce Act of 1937 act provides grade standards for agricultural commodities and livestock products. It specifies the conditions which govern the use of standards and lays down the procedure for grading, marking, and packaging of agricultural produce. The quality mark provided under the act is known as AGMARK-Agriculture Marketing.
Nigeria
The Nigerian government must protect its people from any form of harm to human health through the use and purchase of items to meet daily needs. In light of this, the Federal Competition and Consumer Protection Commission (FCCPC), whose aim is to protect and enhance consumers' interest through information, education, and enforcement of the rights of consumers was established by an Act of Parliament o promote and protect the interest of consumers over all products and services. In a nutshell, it is empowered to eliminate hazardous & substandard goods from the market. Provide speedy redress to consumer complaints and petition arisen from fraud, unfair practice, and exploitation of the consumer.
On 5 February 2019, the President of Nigeria, Muhammadu Buhari, assented to the new Federal Competition and Consumer Protection Commission Bill, 2018. Thus, the bill became a law of the Federal Republic of Nigeria and binding on entities and organizations so specified in the Act.
The long title of the Act reads: "This Act establishes the Federal Competition and Consumer Protection Commission and the Competition and Consumer Protection Tribunal for the promotion of competition in the Nigerian market at all levels by eliminating monopolies, prohibiting abuse of dominant market position and penalizing other restrictive trade and business practices." The Act further repealed the hitherto Nigerian Consumer Protection Council Act and transferred its core mandate to the new Commission.
Taiwan
Modern Taiwanese law has been heavily influenced by the European civil law systems, particularly German and Swiss law. The Civil Code in Taiwan contains five books: General Principles, Obligations, Rights over Things, Family, and Succession. The second book of the Code, the Book of Obligations, provided the basis from which consumers could bring product liability actions prior to the enactment of the CPL.[7][8]
The Consumer Protection Law (CPL) in Taiwan, as promulgated on 11 January 1994, and effective on 13 January 1993, specifically protects the interests and safety of customers using the products or services provided by business operators. The Consumer Protection Commission of Executive Yuan serves as an ombudsman supervising, coordinating, reporting any unsafe products/services, and periodically reviewing the legislation.
According to the Pacific Rim Law & Policy Association and the American Chamber of Commerce, in a 1997 critical study, the law has been criticized by stating that "although many agree that the intent of the CPL is fair, the CPL's various problems, such as ambiguous terminology, favoritism towards consumer protection groups, and the compensation liability defense, must be addressed before the CPL becomes a truly effective piece of legislation that will protect consumers"[9]
The United Kingdom has left the European Union, but during the transition period (until end of 2020) the UK was still bound by directives of the European Union. Specifics of the division of roles between the EU and the UK are detailed here.[10] Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter is judicially treated as tort, contract, restitution or even criminal law.[citation needed]
At the state level, many states have adopted the Uniform Deceptive Trade Practices Act[12] including, but not limited to, Delaware,[13] Illinois,[14] Maine,[15] and Nebraska.[16] The deceptive trade practices prohibited by the Uniform Act can be roughly subdivided into conduct involving either a) unfair or fraudulent business practices and b) untrue or misleading advertising. The Uniform Act contains a private remedy with attorneys fees for prevailing parties where the losing party "willfully engaged in the trade practice knowing it to be deceptive". Uniform Act §3(b). Missouri has a similar statute called the Merchandising Practices Act.[17] This statute allows local prosecutors or the Attorney General to press charges against people who knowingly use deceptive business practices in a consumer transaction and authorizes consumers to hire a private attorney to bring an action seeking their actual damages, punitive damages, and attorney's fees.
Also, the majority of states have a Department of Consumer Affairs devoted to regulating certain industries and protecting consumers who use goods and services from those industries. For example, in California, the California Department of Consumer Affairs regulates about 2.3 million professionals in over 230 different professions, through its forty regulatory entities. In addition, California encourages its consumers to act as private attorneys general through the liberal provisions of its Consumers Legal Remedies Act.
State and federal laws provide for "cooling off" periods giving consumers the right to cancel contracts within a certain time period for several specified types of transactions, potentially including transactions entered into at home, and warranty and repair services contracts.[18][19]
Other states have been the leaders in specific aspects of consumer protection. For example, Florida, Delaware, and Minnesota have legislated requirements that contracts be written at reasonable readability levels as a large proportion of contracts cannot be understood by most consumers who sign them.[20]
Considering the state of Massachusetts, the Massachusetts Consumer Protection Law, MGL 93A, clearly highlights the rights and violations of consumer protection law in the state. The chapter explains what actions are considered illegal under the law for which a party can seek monetary damages from the other party at fault.[21] Some examples of practices that constitute a Chapter 93A violation would be when:
A Business charges a consumer higher rates than the marked price
The refund policy is not clearly posted where it can be readily noticed and understood
A business fails to tell you relevant information regarding your product or service misleads you in any way.[22]
The laws under MGL 93A prohibit activities that relate to overpricing to a consumer and the use of "Bait and Switch" techniques. A court will award the plaintiff the damages if they can prove the (1) defendant knowingly and intentionally violated the MGL 93A agreement or (2) the defendant would not "grant relief in bad faith" knowing that the actions violated the MGL 93A agreement.[22] Additionally, failure to disclose refund/ return policy, warranties, and critical information about the product/service are all in violation of the legislation, and can result in triple damages and lawyer fees.[22]
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.
The Federal Trade Commission Act of 1914 is a United States federal law which established the Federal Trade Commission. The Act was signed into law by US President Woodrow Wilson in 1914 and outlaws unfair methods of competition and unfair acts or practices that affect commerce.
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust law enforcement with the Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC.
Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service.
Unfair business practices describes a set of practices by businesses which are considered unfair, and which may be unlawful. It includes practices which are covered by other areas of law, such as fraud, misrepresentation, and oppressive or unconscionable contract terms. Protections may be afforded to business-to-business dealings, or may be limited to those dealing as consumers. Regulation of such practices is a departure from traditional views of freedom to agree on contractual terms, summed up in the 1804 French Civil Code as qui dit contractuel dit juste.
False advertising is the act of publishing, transmitting, distributing, 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 or other laws and methods to limit false advertising.
The Competition and Consumer Act 2010 (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the Trade Practices Act 1974 (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act.
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.
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.
The Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010, is uniform legislation for consumer protection, applying as a law of the Commonwealth of Australia and is incorporated into the law of each of Australia's states and territories. The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories, although certain other Acts continue to be in force.
The Fair Trading Act 1986 is a statute of New Zealand, developed as complementary legislation to the Commerce Act 1986. Its purpose is to encourage competition and to protect consumers/customers from misleading and deceptive conduct and unfair trade practices.
Consumer protection in the United Kingdom is effected through a multiplicity of Acts of Parliament, statutory instruments, the work of various government agencies and departments, and citizens' lobby groups. It aims to ensure the market economy produces fairness and quality in the goods and services people buy. The main areas of regulating consumer affairs include:
Consumer Protection Act 1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India. It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils and other authorities for the settlement of consumer's dispute and matters connected with it. The act was passed in Assembly in October 1986 and came into force on 24 December 1986.
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Competition and Markets Authority (CMA). The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover contracts which are mentioned in Schedule I, consumer contracts, and international supply contracts. The Consumer Rights Act 2015 replaced the Unfair Terms in Consumer Contracts Regulations 1999 and bolstered further requirements for consumer contracts. The Consumer Protection from Unfair Trading Regulations 2008 concerns certain sales practices.
The Fiji Commerce Commission is a statutory organisation responsible for fair trade, competition (economics) and consumer protection regulation in the Fiji Islands. It was initially established in 1998 under the Commerce Act 1998 [Fiji]. The commission is an independent statutory body that seeks to protect consumers and businesses from restrictive and unfair trade practices. When it was established, the Commission was principally responsible for enforcing Fiji's competition policies and laws. It was modelled on the Australian Competition & Consumer Commission. In 2010 the Fiji government passed the Commerce Commission Act 2010 which saw the Commission taken on extra responsibilities that notably included price control. Two of Fiji's regulatory agencies, the Department of Fair Trading & Consumer Affairs and the Prices & Incomes Board ceased to exist as separate entities following this new law. The functions, operations and staff of the two agencies are now merged into the Commerce Commission.
The Consumer Council is an independent statutory authority in Hong Kong, established in 1974 and formalised in April 1977 under the Consumer Council Ordinance. Its role is to enhance consumer welfare and empower consumers to protect themselves. Over the course of the past four decades the expansion in the council's duties and services on consumer protection, such as the publishing of the CHOICE Magazine in 1976, the recent launch of online price-watching tools, and conducting studies on different aspects of the consumer market, have coincided with the socio-economic development of Hong Kong. Apart from being a consumer advisor, it has assumed the role as a key stakeholder in making of consumer-related policies.
The Consumer Rights Act 2015 is an act of Parliament of the United Kingdom which consolidates existing consumer protection law legislation and also gives consumers a number of new rights and remedies. Provisions for secondary ticketing and lettings came into force on 27 May 2015, and provisions for alternative dispute resolution (ADR) came into force on 9 July 2015 as per the EU Directive on consumer ADR. Most other provisions came into force on 1 October 2015.
A State Consumer Disputes Redressal Commission is an Indian autonomous, statutory and constitutional institution formed as a quasi judicial body at the state and union territory level under Section 2(44) of the Consumer Protection Act, 2019 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
The Telangana State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in Telangana under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
The following is a list of laws providing an overview of laws and regulations that aim to protect consumers from microtransactions.
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