Consumer Protection Law Commons^™

Action Accrual Date For Written Warranties To Repair: Date Of Delivery Or Date Of Failure To Repair?, Carey A. Dewitt

University of Michigan Journal of Law Reform

This Note argues that the statute of limitations for an action for breach of a repair warranty should begin to run not when the goods are delivered (on-delivery rule), but when the manufacturer has failed to repair the goods (failure-to-repair rule). Part I considers the current division of authority relating to the action accrual date (the date at which the limitations period begins) for repair warranties. It analyzes the issue of whether the repair warranty is a species of future performance warranty under section 2-725(2) and examines non-Code law on repair promises. Part II discusses the advantages and disadvantages of …

The Recent Erosion Of The Secured Creditor's Rights Through Cases, Rules And Statutory Changes In Bankruptcy Law, James J. White

Articles

One can view the law of creditors' rights as a series of cyclesin which alternatively the rights of the creditor and then those of the debtor are in ascendancy. Looking back through Americanlegislative history, one sees both the state legislatures and the Congress intervening on behalf of debtors in a variety of ways onmany occasions. An early example of such intervention was the enactment, particularly in the Midwest and West, of generous exemption laws that removed a variety of property beyond the reach of general creditors. A second example is the enactment of usury laws, which continue to be a …

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.

The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.

To …

Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner

University of Michigan Journal of Law Reform

This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor's estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor's representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment …

Truth-In-Testing Legislation: A Brief For The Status Quo, Alan B. Asay

BYU Law Review

No abstract provided.

Regulating Carcinogens In Food: A Legislator's Guide To The Food Safety Provisions Of The Federal Food, Drug, And Cosmetic Act, Richard A. Merrill

Michigan Law Review

On March 9, 1977, the Food and Drug Administration (FDA) announced that a study in laboratory rats conducted by the Canadian government confirmed that saccharin is an animal carcinogen. For this reason, the agency stated, the sweetener must be banned from human food.

The studies which Congress mandated, to be accompanied by the recommendations of the Secretary of HEW, are likely to generate a fundamental reexamination of the nation's current food safety policies. This Article attempts to aid this inquiry by explaining the requirements of the present law. The Article describes the several statutory provisions that govern the regulation of …

Efts: Consumer Protection Under The Ucc, Susan E. Jinnett

University of Michigan Journal of Law Reform

In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley

Faculty Scholarship

No abstract provided.

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 …

Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman

Faculty Scholarship

No abstract provided.

Information Disclosure And Consumer Behavior: An Empirical Evaluation Of Truth-In-Lending, William K. Brandt, George S. Day

University of Michigan Journal of Law Reform

This article offers some empirical insight into the debate over the efficacy of disclosure legislation. The primary concern is the effect of the Act on (1) the level of consumer knowledge of interest rates and finance charges; (2) the extent of comparison shopping; and (3) the decisions to postpone purchases, to use cash instead of credit, or to reduce the finance charges by increasing the downpayment or reducing the number of payments. The article also evaluates patterns of consumer behavior and credit-granting procedures which may constrain the long-run potential of TIL.

New Jersey Retail Installment Sales Act, Eric A. Oesterle

University of Michigan Journal of Law Reform

The effect of the enactment of the New Jersey bill is that a "retail buyer" may now assert against an assignee of the installment contract or subsequent "holder" of the negotiable note any defenses he has against the retail installment seller. The new law would appear to be one of the most comprehensive laws of its type to be enacted. However, the draftsmen apparently left a significant loophole, appropriately termed the "specious cash sale,” which, if exploited, could negate the intended effect of the new law. This note will analyze the bill, compare it with the relevant provisions of the …

Federal Jurisdiction--Protective Jurisdiction And Adoption As Alternative Techniques For Conferring Jurisdiction On Federal Courts In Consumer Class Actions, Michigan Law Review

Michigan Law Review

"Consumer protection" has come of age. The heightened appreciation of the consumer's plight has not been matched, however, by an equal commitment to providing effective programs for vindicating his cause. As a practical matter the consumer may be unable to assert his rights. Suits to enforce consumer rights are costly and are not likely to be brought when each individual claim is counted only in the tens of dollars.

New York Specious Cash Sales Act, Craig D. Holleman

University of Michigan Journal of Law Reform

The New York Legislature recently moved to protect consumers in that state from unscrupulous retailers of consumer goods and financers of consumer loans by enacting the Specious Cash Sales Act. The new law is the third in a series of measures designed to remedy certain perceived inequities to which the holder in due course doctrine gives rise in the consumer goods field. Earlier this year, the Legislature undercut complicated mechanisms whereby a finance company could procure from a retailer contracts and obligations containing a waiver-of-defenses provision executed by the buyer-consumer. This law in turn complemented a still earlier statute which …

Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review

Michigan Law Review

During the past decade, a great deal of effort has been expended at all levels of government in the United States to enhance the prosperity of the poor and underprivileged elements of society. Much legislation has been passed-especially at the federal level--but it has been incomplete in that its main thrust has been simply to increase the income levels of poor people without a corresponding effort to ensure that they receive their money's worth as consumers. As a result, the long-standing evil of fraud in the market place has not been significantly reduced, but has contributed to the serious economic …

New York City Consumer Protection Law Of 1969, Thomas G. Morgan

University of Michigan Journal of Law Reform

In recent years there has been growing concern over the lack of legal protection afforded the American consumer. Comprehensive consumer protection legislation has been introduced at all levels of government, and several significant proposals have been enacted into law. One such enactment at the municipal level is the New York City Consumer Protection Law of 1969, which establishes a framework for a broad ban against unfair trade practices and vests the city's Commissioner of Consumer Affairs with extensive powers of enforcement. In this note, the New York City ordinance will be analyzed and evaluated against the general background of existing …

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.

Address On Consumer Credit Protection Legislation, William J. Pierce

Addison Harris Lecture

No abstract provided.

The New Kansas Buyer Protection Act, Arthur H. Travers Jr.

Publications

No abstract provided.

Consumer Credit In The Ghetto: Ucc Free Entry Provisions And The Federal Trade Commission Study (Business In The Ghetto), James J. White

Other Publications

Like the former speakers, I will not speak on the topic for which I was scheduled. Instead I am going to talk about two things which are not closely related to one another but which are both related to the profitability of the retail sale of goods and credit in the ghetto. I propose to leave the law on consumer credit to Mr. Dostert and Professor Hogan. First I wish to say a word on the so-called "free entry" aspects of the Uniform Consumer Credit Code; then I will comment on the Federal Trade Commission study.

The Need For Protection Of The Consumer Of Services, Robert M. Feinson

Buffalo Law Review

No abstract provided.

Report On Product Safety: Household Goods

Indiana Law Journal

No abstract provided.

Federal Trade Commission Regulation Of Advertising, Earl W. Kintner

Michigan Law Review

The success of an economic democracy, no less than that of a political democracy, depends upon informed, intelligent choice. Thus, the widespread dissemination of information with respect to alternatives is imperative; otherwise, choices would be made in a vacuum and would become meaningless, if not plainly capricious. However, there is no paucity of information in our contemporary society; the so-called "mass media" ensure that. Indeed, modern man can hardly escape, even if he should so desire, the constant bombardment of information from television, radio, newspapers, billboards, and other sources.

Can Federal Legislation Affecting Consumers' Economic Interests Be Enacted?, Philip A. Hart

Michigan Law Review

Assume there is a definite need for legislation which centers on the economic-not the health or safety-interests of consumers. Can such a bill be enacted? If history, as Francis Bacon claims, does indeed "make a man wise," then a wise man would not even advocate such a bill, no matter how persuasive the evidence. Although government exists to protect the public interest, a look at history shows that the public--or the consumer-generally has not fared as well as many other special interests.

Does "Legislative Review" By Courts In Appeals From Public Utility Commissions Constitute Due Process Of Law?, Maurice H. Merrill

Indiana Law Journal

No abstract provided.