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Consumer Protection Law Commons

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Articles 1 - 23 of 23

Full-Text Articles in Consumer Protection Law

Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock Feb 2024

Misleading Markets: Consumer Protection In The Age Of Climate Washing, Ciara Peacock

West Virginia Law Review

No abstract provided.


Terms Of Injustice, Przemyslaw Palka Feb 2024

Terms Of Injustice, Przemyslaw Palka

West Virginia Law Review

Terms of Service (ToS) of online platforms often contain Consumer Unfriendly Terms (CUTs). The CUTs encompass clauses limiting consumers’ rights in dispute resolution, limitations on remedies, and corporations’ rights to unilaterally modify the service, delete users’ content, and benefit from their data. The ToS resemble the offline “boilerplate” but, given the context of their functioning—digital capitalism—they also exhibit some critical differences, rendering the context-specific analysis necessary.

This Article argues that the continued toleration of the CUTs is undesirable on economic and democratic grounds. In digital capitalism, online platforms often enjoy a (quasi-)monopolistic position. Further, they can (factually and legally) collect …


What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright Jan 2023

What A Data Privacy Law Should Look Like In West Virginia: Balancing Competing Interests Of Consumers And Businesses, Harrison Enright

West Virginia Law Review

Today’s businesses invariably leverage consumer data to create business insights, such as marketing strategies and consumer behavior analyses. As a result, consumers have placed an emphasis on data privacy and security. In response, many states have proposed comprehensive legislation aspiring to regulate the collection and usage of consumer data by businesses, grant individual rights to consumers, and provide for a method of enforcement. House Bill 3159 represents West Virginia’s most recent attempt at doing so, serving as an indication that the state is working diligently to enhance the data privacy of its residents.

Although enacting a comprehensive data privacy law …


Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum Dec 2016

Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum

West Virginia Law Review

No abstract provided.


The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan Sep 2014

The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan

West Virginia Law Review

No abstract provided.


There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson Sep 2013

There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson

West Virginia Law Review

No abstract provided.


The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan Sep 2010

The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan

West Virginia Law Review

No abstract provided.


Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller Jan 2008

Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller

West Virginia Law Review

No abstract provided.


Section 2-102 Of The West Virginia Consumer Credit And Protection Act And Assignee Liability: The Triangle Of Consumers, Dealers, And Lenders Has Come Full Circle, Dana F. Eddy Jan 1992

Section 2-102 Of The West Virginia Consumer Credit And Protection Act And Assignee Liability: The Triangle Of Consumers, Dealers, And Lenders Has Come Full Circle, Dana F. Eddy

West Virginia Law Review

No abstract provided.


The Multistate Consumer Class Action: Local Solutions, National Problems, Allen R. Kamp Jan 1985

The Multistate Consumer Class Action: Local Solutions, National Problems, Allen R. Kamp

West Virginia Law Review

No abstract provided.


Consumer Law--The Supervised Loan In West Virginia, Jon David Levy Jan 1978

Consumer Law--The Supervised Loan In West Virginia, Jon David Levy

West Virginia Law Review

The supervised (small) loan is just one piece in the patchwork of transactions characterized as consumer credit. It is designed to increase the availability of credit for consumers in a form attractive to legitimate lenders who are permitted to issue loans with a low ceiling on the maximum principal amount, and a high ceiling on the permissible rate of interest. The other primary feature of the supervised loan, in trade off to its exemption from general usury requirements, is comprehensive regulation. As a result, supervised loan legislation is uniformly characterized by scrupulous licensing and oversight requirements. The one source perhaps …


Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray Apr 1975

Consumer Protection--Implied Civil Remedy Under The Federal Consumer Credit Protection Act, James D. Gray

West Virginia Law Review

No abstract provided.


The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi Apr 1975

The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi

West Virginia Law Review

This article discusses the 1974 West Virginia Consumer Credit and Protection Act, hereinafter referred to as WVCCPA. A summary of the Act is undertaken early in the article, detailing for the reader what the Act does. Beyond this summary there is no section by section restatement of the WVCCPA in the article nor is every section or group of sections discussed. The purpose of the article is to discuss why the WVCCPA was passed and what it attempts to do, and in some areas, to discuss how well the Act accomplishes its purpose. To place the WVCCPA in its evolutionary …


Products Liability--West Virginia Consumer Credit And Protection Act--Definitional Inadequacies, Gerlad R. Stowers Feb 1975

Products Liability--West Virginia Consumer Credit And Protection Act--Definitional Inadequacies, Gerlad R. Stowers

West Virginia Law Review

No abstract provided.


Consumer Protection--The Holder-In-Due-Course Defense In Consumer Sales, Daniel Foster Hedges Sep 1971

Consumer Protection--The Holder-In-Due-Course Defense In Consumer Sales, Daniel Foster Hedges

West Virginia Law Review

No abstract provided.


The Uniform Consumer Credit Code, John T. Copenhaver Jr. Dec 1968

The Uniform Consumer Credit Code, John T. Copenhaver Jr.

West Virginia Law Review

No abstract provided.


Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice Feb 1967

Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice

West Virginia Law Review

No abstract provided.


Implied Warranty And Trichinosis, Lee Ames Luce Jun 1963

Implied Warranty And Trichinosis, Lee Ames Luce

West Virginia Law Review

No abstract provided.


Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele Apr 1962

Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele

West Virginia Law Review

No abstract provided.


Torts--Warranty Of Vendor For Latent Defects In Chattel Manufactured By Third Person, L. O. H. Dec 1959

Torts--Warranty Of Vendor For Latent Defects In Chattel Manufactured By Third Person, L. O. H.

West Virginia Law Review

No abstract provided.


Vendor-Purchaser--Rights Of Defaulting Purchaser, C. F. S. Jr. Nov 1953

Vendor-Purchaser--Rights Of Defaulting Purchaser, C. F. S. Jr.

West Virginia Law Review

No abstract provided.


Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A. Feb 1951

Sales--Bulk Sales Act--Lessor Not Creditor As To Future Rent, W. W. A.

West Virginia Law Review

No abstract provided.


Sales--Implied Warranty Of Food Sold In Bulk By Retail Dealer--Liability To The Purchaser, V. K. K. Jun 1940

Sales--Implied Warranty Of Food Sold In Bulk By Retail Dealer--Liability To The Purchaser, V. K. K.

West Virginia Law Review

No abstract provided.