Consumer Protection Law Commons^™

On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey

Seattle University Law Review

This Note discusses first, whether the judicially created public interest element of a private consumer protection case can be justified by the language of the Consumer Protection Act and, second, assuming some justification for the element can be found, whether the public interest test, as delineated in Anhold v. Daniels and Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance Co. serves a purpose intended by the legislature.” This Note concludes that the public interest element is unnecessary because it hinders and often prevents consumer litigation of private damage actions under the Act. Moreover, the public interest element cannot be …

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

West Virginia Law Review

No abstract provided.

Strict Liability And Warranty In Consumer Protection: The Broader Protection Of The Ucc In Cases Involving Economic Loss, Used Goods, And Nondangerous Defective Goods

Washington and Lee Law Review

No abstract provided.

Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer

Faculty Publications

This article will analyze the types of changes that are taking place by examining three expanding areas of tort law: liability for negligently inflicted mental distress, negligently inflicted pure pecuniary loss, and harm caused by defective products. This examination will demonstrate that the scope of liability can be increased in at least two ways. One is by formally expanding the scope of existing causes of action, e.g., relaxing arbitrary barriers to liability or expanding the type of damages which may be recovered. A second method is by relaxing judicial control over the jury. This relaxation of control can take place …

Products Liability--An Analysis Of Market Share Liability, David A. Fischer

Faculty Publications

In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.

Maryland's Consumer Protection Act: A Private Cause Of Action For Unfair Or Deceptive Trade Practices

Maryland Law Review

No abstract provided.

Products Liability--Functionally Imposed Strict Liability, David A. Fischer

Faculty Publications

Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …

Truth And Consequences, John W. Edmonds, Iii, George W. Taylor, Jr.

Washington and Lee Law Review

No abstract provided.

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 …

Products Liability--Applicability Of Comparative Negligence, David A. Fischer

Faculty Publications

Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.

Consumer Protection And Prescription Drugs: The Generic Drug Substitution Laws, Jillena A. Warner

Kentucky Law Journal

No abstract provided.

Consumer Warranty Or Insurance Contract? A View Towards A Rational State Regulatory Policy, Doyal Mclemore Jr.

Indiana Law Journal

No abstract provided.

New Consumer Legislation In Nova Scotia, Hugh M. Kindred

Dalhousie Law Journal

While political observers were commenting upon the dullness of the 1975' spring session of the Legislature, something approaching a quiet revolution was taking place in Consumer Law. Changes were heralded in January 1975 when the amendments of late 19732 to the Consumer Services Act were proclaimed in force. The amendments expanded the functions of the Consumer Services Bureau and, most importantly, permitted for the first time the appointment of a minister of Cabinet rank to administer the Act. A few days before the Legislature met in March, Dr. Maynard McAskill was named to that position. The new minister wasted no …

Precomplaint Investigations Under The Kentucky Consumer Protection Act: Validity And Scope Of The Civil Investigative Demand, Jon E. Pancake

Kentucky Law Journal

No abstract provided.

The Magnuson-Moss Warranty Act: Consumer Information And Warranty Regulation, Stephen W. Lee

Indiana Law Journal

No abstract provided.

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

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

West Virginia Law Review

No abstract provided.

Deceptive Practices In The Marketplace: Consumer Protection By New York Government Agencies, William F. Mulroney

Fordham Urban Law Journal

The past several years have witnessed considerable growth in the power and number of New York governmental consumer protection agencies. New and potent statutory powers have been granted to the Attorney General. At the local level, cities, counties, and towns have created consumer agencies and granted many of them enforcement and rulemaking powers. Legislation on all levels of state government regulates an increasing number of commercial activities for the protection of consumers. That legislation has likewise led to greater cooperation among state and local consumer agencies. This Comment will examine the structures and powers of the various New York State …

State Consumer Protection In A Federal System, Robert M. O'Neil

Articles by Maurer Faculty

Increasing interest in consumerism has brought intensified efforts at every level of government to protect the consumer. While federal regulation seems desirable for nationally marketed products and interstate activities, the states retain the duty to protect the health and safety of their citizens. Where state regulation is more restrictive than concurrent federal regulation, however, the constitutional issue of preemption arises.

This Article analyzes the factors which have influenced the courts in resolving conflicts between federal and state regulation in the consumer field. Emphasizing the need for concurrent regulation, the author formulates guidelines by which the courts can examine the purposes …

Cure And Revocation For Quality Defects: The Utility Of Bargains, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.

Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz

Indiana Law Journal

No abstract provided.

Optimality And The Cutoff Of Defenses Against Financers Of Consumer Sales, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.

Technology Assessment And Social Control, Michael S. Baram

Faculty Scholarship

The emerging concepts of corporate responsibility and technology assessment are, to a considerable extent, responses to problems arising from technological developments and their applications by industry and government. These problems appear in the relatively discrete sectors of consumer protection and occupational safety and in the diffuse sectors of community quality of life and the national and international environments.

The Kentucky Consumer Act--True Happiness?, Levi Daniel Boone Iii

Kentucky Law Journal

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Uniform Consumer Credit Codea Prospect For Consumer Credit Reform In Virginia, David F. Peters

Washington and Lee Law Review

No abstract provided.

Consumer Sensitivity To Interest Rates: An Empirical Study Of New-Car Buyers And Auto Loans, James J. White, Frank W. Munger

Articles & Chapters

No abstract provided.

Address On Consumer Credit Protection Legislation, William J. Pierce

Addison Harris Lecture

No abstract provided.

Can The Kentucky Consumer Ever Forget Caveat Emptor And Find True Happiness?, James T. Hodge, Sheryl Glenn Snyder

Kentucky Law Journal

No abstract provided.