Consumer Protection Law Commons^™

Good Faith Reliance Upon Federal Reserve Board Staff Opinion Letters: The Circuits Converge, Michael Thomas Kelly

Fordham Urban Law Journal

The Federal Reserve Board (FRB) is the central, single agency for issuing all regulations on credit disclosures. It administers the Truth in Lending Act pursuant to Title I of the Consumer Credit Protection Act. Congress intended the FRB to consolidate all disclosure requirements but the FRB did so in a confusing fashion. It utilizes three different methods of disseminating truth-in-lending information: (1) through the publication of Regulation Z, an administrative code, to prescribe disclosure rules; (2) through interpretations of the rules; and (3) through staff opinion letters. The confusion resulted from disagreements in the applicable law between the three methods. …

Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey

Kentucky Law Journal

No abstract provided.

Can Georgia Bank On Its Garnishment Laws?*, Richard B. Badgley, Michael F. Swick

Mercer Law Review

Since the late sixties the field of creditors' remedies has undergone a series of changes brought about by several U.S. Supreme Court decisions. Old concepts of protection for the creditor have been changed or modified to recognize procedural due process rights of the debtor. While it is easy to say that there have been changes, it is becoming increasingly more difficult to identify exactly what is required by the courts to satisfy the Due Process Clause of the Fourteenth Amendment.

When the U.S. Supreme Court declared the Georgia prejudgment garnishment statutes unconstitutional in North Georgia Finishing Co. v. Di-Chem, …

Consumer Credit And The Learned Professions Of Law And Medicine, James H. Backman

BYU Law Review

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.

Acceleration Clauses In Georgia: Consumer Installment Contracts And The Federal Truth-In-Lending Act, John M. Hewson Iii

Mercer Law Review

In 1968, Congress enacted the Truth-in-Lending Act' expressly to "assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit." The Act is a disclosure act; it does not regulate the substantive terms of an extension of credit. Moreover, the Act and Regulation Z (the regulation promulgated by the Federal Reserve Board implementing the Act) do not require a disclosure of all the credit terms of any particular consumer transaction. They require the disclosure of certain specific credit terms …

Magnuson-Moss Warranty Act: An Overview And Comparison With Ucc Coverage, Disclaimer, And Remedies In Consumer Warranties, Kurt A. Strasser

Mercer Law Review

The Magnuson-Moss Warranty-Federal Trade Commission Improvement Act addresses the warranty problems of the consumer in the market place. Recent discussions of consumer problems with warranties have focused on three areas. First, the length and complexity of a typical consumer product warranty makes it too confusing for the average consumer. This is particularly true in light of the consumer's ignorance of the existence of implied warranties. Second, the "warranty," which is expressly made to the consumer, customarily disclaims all implied warranties under the Uniform Commercial Code and, consequently, takes away a great deal more than it gives. Third, a consumer warranty …

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 …

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.

Criminal Consumer Fraud: A Victim-Oriented Analysis, Donald P. Rothschild, Bruce C. Throne

Michigan Law Review

The poor and the elderly are the principal victims of the high pressure and often sophisticated sale techniques of criminal consumer fraud in this country. The problem is compounded when the poor and the elderly live in inner cities where legal assistance is costly and inadequate, and the courts, prosecutors, and investigators are overburdened. Yet the executive and legislative agencies responsible for law enforcement continue to assign a low priority to criminal consumer fraud. President Ford has reflected this orientation: "For effective management [of law enforcement], we first have to have some hard decisions on priorities. As a starter, I …

Consumer Product Warranties - The Ftc Steps In, 9 J. Marshall J. Prac. & Proc. 887 (1976), Ronald Lipinski

UIC Law Review

No abstract provided.

The Use And Abuse Of Warnings In Products Liability -- Design Defect Litigation Comes Of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler

Faculty Scholarship

No abstract provided.

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.

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

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.

Consumer Credit--Truth In Lending Act--Creditor Defined And Damages And Rescission Jointly Awarded--Eby V. Reb Realty, Inc., Dennis K. Poole

BYU Law Review

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 …

Prohibiting Pyramid Sales Schemes: County, State And Federal Approaches To A Persistent Problem, Howard N. Solodky

Buffalo Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Holder In Due Course In Consumer Transactions: Requiem, Revival, Or Reformation?, Ralph J. Rohner

Scholarly Articles

No area of consumer protection has produced as much near religious ferment in recent years as that collection of rules which insulate third party financers from product-related claims or defenses of consumer purchasers. Courts, legislatures, agencies, commissions, and commentators 6 have assailed the holder in due course idea from all directions, so far as its application in consumer transactions is concerned. The cloud of rhetoric thus raised has tended to obscure the complexity of the subject, state only imperfectly the significant considerations, and oversimplify the appropriate legal responses. Moreover, the focus of much of this recent discussion has been on …

Automobile Crashworthiness: Evans Takes A Backseat, Frederick T. Haase Jr.

Villanova Law Review (1956 - )

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.

Strict Products Liability For Used Car Dealers, Marjorie Jones Reeder

Kentucky Law Journal

No abstract provided.

Consumer Arbitration As An Alternative To Judicial Preseizure Replevin Proceedings, Alan N. Resnick

William & Mary Law Review

No abstract provided.

The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein

Faculty Scholarship

No abstract provided.