Consumer Protection Law Commons^™

Acquisition Of Credit Report Did Not Violate Fair Credit Reporting Act (Fcra), Patrick Mcgovern

Loyola Consumer Law Review

No abstract provided.

Batch Code Obliteration Violates Trademark And Unfair Competition Laws By Causing "Likelihood Of Consumer Confusion", Catherine Moore

Loyola Consumer Law Review

No abstract provided.

New Jersey Hospital Not Liable Under State Consumer Fraud Act, Thomas O'Connor

Loyola Consumer Law Review

No abstract provided.

Court Finds No Cause Of Action Under Illinois Consumer Fraud Act For Non-Consumer Injured On Go-Cart, Bree Segel

Loyola Consumer Law Review

No abstract provided.

The Effect Of Laughlin V. Evanston Hospital On Consumer Fraud Act Claims For Nondeceptive Unfair Acts Or Practices, Laurence M. Landsman

Loyola Consumer Law Review

No abstract provided.

Consumer News, Charles R. Whitt, Philip Tortorich

Loyola Consumer Law Review

No abstract provided.

Recent Legislative Activity, Kevin Riley

Loyola Consumer Law Review

No abstract provided.

Software Consumers Must Comply With Shrinkwrap License Terms, Jennifer Bonjean

Loyola Consumer Law Review

No abstract provided.

Italian Internet Site Held To Be A "Distribution" Of Images Within United States, Alex Goldman

Loyola Consumer Law Review

No abstract provided.

Federal District Court For California Grants A Permanent Injunction Prohibiting Copying Of Sega Video Games On Electronic Bulletin Boards, Bree A. Segel

Loyola Consumer Law Review

No abstract provided.

Electronic Links Via Internet Constitute Sufficient Contacts For Personal Jurisdiction, Heather Sullivan

Loyola Consumer Law Review

No abstract provided.

World Wide Web Site Does Not Create Personal Jurisdiction, Allison E. Cahill

Loyola Consumer Law Review

No abstract provided.

E-Mail Stories Detailing The Rape And Murder Of A Young Woman Do Not Constitute A "True Threat", Philip Tortorich

Loyola Consumer Law Review

No abstract provided.

The Impact Of Proposed Article 2b Of The Uniform Commercial Code On Consumer Contracts For Information And Computer Software, Diane W. Savage

Loyola Consumer Law Review

No abstract provided.

Winners And Losers Of The Taxpayer Relief Act Of 1997, Nancy Lazar

Loyola Consumer Law Review

No abstract provided.

Options Trading In Foreign Currency Excluded From Regulation By The Cftc, Alex Goldman

Loyola Consumer Law Review

No abstract provided.

Alternative Energy Supplier Forbidden By Law And Contract From Being Electric Utility Company's Competitor, Sara E. Neff

Loyola Consumer Law Review

No abstract provided.

Virginia Consumer Protection Statutes Fail To Protect Business In Its Capacity As A Competitor, Philip Tortorich

Loyola Consumer Law Review

No abstract provided.

Federal Tobacco Labeling Laws Do Not Preempt State Law Requiring Additive And Nicotine Disclosure, Irene Kowalczyk

Loyola Consumer Law Review

No abstract provided.

Eighth Circuit Denies Jaw Implant Recipients Relief From Dow Chemical, Wendy K. Davis

Loyola Consumer Law Review

No abstract provided.

Arriving At Reasonable Alternative Design: The Reporters' Travelogue, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Substantial commentary and controversy have been generated by the requirement in the new Restatement (Third) of Torts: Products Liability that plaintiffs in most (but not all) cases involving claims of defective product design show that a reasonable alternative design was available and that failure to adopt the alternative rendered the defendant's design not reasonably safe. Henderson and Twerski explain the origins of that requirement and show that it is not only the majority position but also comports with widely shared views regarding the proper objectives of our liability system. Although consumer expectations cannot serve as a workable, stand-alone test for …

Bankruptcy In The Seventh Circuit: 1996, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.

Ucc Proposals Concerning Consumer Transactions, James J. White

Other Publications

Professor Grant Gilmore once suggested that farmers would like a two section law. Section one would state "It shall be against the law to refuse to lend money to a farmer." Section two would state "It shall be against the law to collect a debt from a farmer." In a similar vein one might state the iron rule of consumer law, namely "No right that has ever been granted to a consumer, however ill considered and unjustified, may thereafter be withdrawn." Believing that some of the proposals for consumer protection that have been added in Revised Article 9 are not …

Consumer Sovereignty: A Unified Theory Of Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande

All Faculty Scholarship

This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two component parts of an overarching unity: effective consumer choice (also called consumer sovereignty).

Consumer choice only is effective when two fundamental conditions are present. There must be a range of consumer options made possible through competition, and consumers must be able to choose effectively among these options. The antitrust laws are intended to …

Private Enforcement Of Predatory Price Laws Under The California Unlawful Practices Act And The Federal Antitrust Acts, James R. Mccall

Faculty Scholarship

No abstract provided.

Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky

Federal Communications Law Journal

This article examines the legislative and economic history of the retransmission consent provision in the 1992 Cable Act. Retransmission consent provisions in the 1992 Cable Act allow broadcasters to enter into negotiations with cable operators regarding retransmission of their broadcast signal. The 1992 Cable Act requires broadcasters to choose between retransmission consent and must-carry provisions every three years. The first election period ended in October 1996 and a new election period begins January 1, 1997. Retransmission consent has had a noticeable effect on the evolution of cable television broadcasting, although it is arguably unclear whether retransmission consent has addressed the …

A Return To Written Consent: A Proposal To The Fcc To Eliminate Slamming, Nicole C. Daniel

Federal Communications Law Journal

The FCC is charged with the task of encouraging competition in the telecommunications industry, yet it must also assure that competition remains free and fair to consumers. Various long-distance providers are taking advantage of their deregulated freedom by engaging in "slamming." The author proposes a more effective form of consumer protection through the return of a short-lived FCC rule which required written customer authorization before the customer's long-distance service could be switched.

Anticonsumer Effects Of Union Mergers: An Antiitrust Solution, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

Should unions and corporations be treated identically under the antitrust laws? This article explores this provocative question by examining whether union mergers should be subject to the antitrust laws. Currently unions and corporations are treated very differently. Large corporate mergers are blocked if their effect "may be substantially to lessen competition, or to tend to create a monopoly". They are permitted if they are likely to be benign, procompetitive, or proconsumer.

Collective bargaining, by contrast, enjoys a broad exemption from the antitrust laws. If they follow appropriate procedures, unions - even unions that, when taken together, cover all workers within …

Cooperative Standard Setting: The Road To Compatibility Or Deadlock? The Nafta's Transformation Of The Telecommunications Industry, Karen E. Lee

Federal Communications Law Journal

In an effort to reduce nontariff barriers, the North American Free Trade Agreement (NAFTA) directs its three member nations to utilize product standards set by international standard-setting organizations. What were once considered "permissible standards" are now mandatory standards as Articles 904-906 of the NAFTA mandate the telecommunications industry to adopt cooperative standard-setting by these organizations as the sole method to achieve standardization. Currently, the International Telecommunications Organization and the International Organization for Standardization are the two principal cooperative standardization organizations in the telecommunications industry.

This Note argues that the NAFTA should allow members to "opt out" of the requirement for …

The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton

Michigan Law Review

This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …