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Articles 121 - 132 of 132
Full-Text Articles in Consumer Protection Law
New Jersey Retail Installment Sales Act, Eric A. Oesterle
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 …
Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review
Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review
Michigan Law Review
This Note will outline the development and theory of corrective advertising. In particular, it will discuss the residual effects of deceptive advertising, which are the basis for a corrective remedy. The Commission's statutory authority to require corrective advertising will then be explored: the analysis will compare corrective advertising with other types of affirmative disclosure required by the Commission and relate it to the present use of divestiture as a trade regulation remedy. Finally, the possible public benefit accruing from corrective advertising will be considered, along with some thoughts on what policies the FTC should pursue in order to maximize that …
Consumer Sensitivity To Interest Rates: An Empirical Study Of New Car Buyers And Auto Loans, James J. White, Frank W. Munger Jr.
Consumer Sensitivity To Interest Rates: An Empirical Study Of New Car Buyers And Auto Loans, James J. White, Frank W. Munger Jr.
Articles
ALTHOUGH it has never been clear whether the consumer needs to be protected from his own folly or from the rapaciousness of those who feed on him, consumer protection is a topic of intense current interest in the courts, in the legislatures, and in the law schools. A number of recent court decisions have attempted to attack problems confronting the consumer; unfortunately, these judicial efforts have succeeded primarily in disclosing the limitations in the courts' ability to deal with such problems. State and federal legislative bodies have pursued more carefully designed remedies. Congress has passed the Truth-in-Lending Act; the National …
Consumer Credit--The Department Store Revolving Charge Account--Usury Resurrected--State V. J.C. Penney Company, Michigan Law Review
Consumer Credit--The Department Store Revolving Charge Account--Usury Resurrected--State V. J.C. Penney Company, Michigan Law Review
Michigan Law Review
The Attorney General of Wisconsin recently brought an action against the J.C. Penney retailing chain for an injunction against any further charges of 1½% per month on the declining balances of its revolving charge accounts. The state alleged that anything in excess of I% per month was a violation of the $12 per $100 per annum usury ceiling established by its legislature as the maximum chargeable for a loan or forbearance of money. Penney admitted that its monthly charge frequently exceeded the allowable rate but argued that its charge was a "time-price differential," exempt from statutory control under the time-price …
Federal Jurisdiction--Protective Jurisdiction And Adoption As Alternative Techniques For Conferring Jurisdiction On Federal Courts In Consumer Class Actions, Michigan Law Review
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
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
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
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 …
Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn
Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn
Michigan Law Review
A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz
Bauer & Greyser: Advertising In America: The Consumer View, Robert L. Birmingham
Bauer & Greyser: Advertising In America: The Consumer View, Robert L. Birmingham
Michigan Law Review
A Review of Advertising in America: The Consumer View by Raymond A. Bauer and Stephen A. Greyser
Consumer Credit In The Ghetto: Ucc Free Entry Provisions And The Federal Trade Commission Study (Business In The Ghetto), James J. White
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.
Regulation Of Finance Charges On Consumer Instalment Credit, Robert W. Johnson
Regulation Of Finance Charges On Consumer Instalment Credit, Robert W. Johnson
Michigan Law Review
The subject of adequate disclosure of finance charges in consumer credit transactions has, in recent years, "become a rallying point for consumers and a battle line for industry." Equal heat is generated by discussions concerning the regulation of finance charges on consumer instalment credit. The aim of this article is to examine briefly the existing pattern of rate regulation and then to explore the purposes of ceilings on consumer finance charges and the problems involved in their design. As is true with the question of disclosure of finance charges, the problems are extremely complex. Men of good will on both …