Consumer Protection Law Commons^™

What Chance For The New Car Purchaser Of A "Lemon"?, Joseph R. Goeke

Kentucky Law Journal

No abstract provided.

The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora

Faculty Scholarship

No abstract provided.

Protecting The Low Income Consumer: Procedural Due Process Revisited

William & Mary Law Review

No abstract provided.

Treatment Of Debtors, O. John Rogge

Buffalo Law Review

No abstract provided.

Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner

Buffalo Law Review

No abstract provided.

Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart

Michigan Law Review

Credit cards have been used as a means of facilitating delayed-payment purchases since early in this century. The first credit card systems were operated by retailers and service organizations in connection with the merchandising of their products. While such programs were used in local markets by department stores, oil companies were the first issuers to recognize the potential of credit card plans in larger geographical areas. In the early 1950's a new phase in credit card development evolved with the emergence of firms engaging solely in the extension of credit. These firms-Diners' Club, American Express, and Hilton Credit Corporation with …

Representation Of The Public Interest In Michigan Utility Rate Proceedings, Michigan Law Review

Michigan Law Review

Although the Free Press study centered on political and economic issues, the operation of the Michigan Public Service Commission also raises significant issues regarding the role of public intervenors, agency compliance with statutory requirements, statutory construction, and legislative response to regulatory deficiencies. This Comment will consider the representation of the public interest in Michigan utility proceedings in the context of rate cases involving the state's major utilities. While such an analysis does not reach the breadth of activities performed by the Commission, it is suggestive of the extent to which the Commission is responsive to the public interest generally. Following …

Loyola Consumer Protection Journal, Loyola University Of Los Angeles School Of Law

Loyola Consumer Protection Journal

No abstract provided.

Consumer Complaints: A Proposed Federal Trade Regulation Rule, Howard R. Lurie

University of Michigan Journal of Law Reform

It is no secret that most consumers are unable to protect themselves in the marketplace, yet government assistance to the consumer is frequently unavailable. All too often the bureaus of government are interested primarily in controversies of major significance. Minor consumer complaints are viewed as an annoyance that distract and interfere with more important matters. What must be done to protect consumers is to redress the balance of power now heavily weighted in favor of business. To do so requires that government go beyond current concepts of appropriate consumer protection and establish unorthodox remedies. One such remedy is suggested in …

The Prosubstitution Trend In Modern Pharmacy Law, Sidney H. Willig

University of Michigan Journal of Law Reform

This article explores the legal problems presented to the practicing pharmacist by drug substitution. It delineates the practical and economic realities bearing on substitution and the arguments both in favor of and against limited legal substitution. After describing the current status of the law on the subject and the various resultant liabilities of the pharmacist, the article then suggests means by which substitution might be made an acceptable practice in certain circumstances.

Some Reflections On Free Entry And The Rate Ceilings Under The Uniform Consumer Credit Code, Frank W. Smith Jr.

University of Richmond Law Review

"Consumer protection" in recent years has become one of the great populist concerns, particularly in the area of consumer credit. As one should expect, however, there has been no unanimity as to who should be protected from what, or from whom, nor as to the means of providing such protection. Some feel that consumer protection still means "self-protection" in the existing system-let the buyer beware-and view consumer education in a broad sense as perhaps the most important aspect of providing protection. Others view consumer protection as a matter outlawing or regulating abusive practices and giving the consumer more rights. Some …

Comment: An Analysis Of The Fair Credit Reporting Act

Fordham Urban Law Journal

This comment will examine the Fair Credit Reporting Act and discuss the significance of the more important provisions.

Creditor's Rights - The Fourteenth Amendment Held To Require Notice And Hearing Prior To Any Repossession Of Consumer Property By Means Involving State Action, Edward F. Ruberry

Loyola University Chicago Law Journal

No abstract provided.

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

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

West Virginia 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 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

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 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue

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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs

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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment

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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment

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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …

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

Washington and Lee Law Review

No abstract provided.

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 …

Garnishment - State Vs. Federal Procedures, Timothy M. Flanagan, Lawrence G. Smith

Cleveland State Law Review

Garnishment, a field once limited only by state or local regulation, has recently undergone a series of much-needed but somewhat questionable changes. These changes are not limited to one state alone, but encompass the entire nation. On July 1, 1970, when Title III of the Consumer Credit Protection Act became effective, this field of law came under the coverage of federal restrictions. In attempting to bring the existing Ohio statutes on garnishment into line with the federal restrictions, the Ohio Legislature passed a series of amendments which became effective on September 16, 1970.

Consumer Protection, Information And Education: A County's View, John A. Occhiogrosso

San Diego Law Review

Congress reacted to the call for legislation in the 1960s. This call was answered by the Office of Consumer Affairs. There is presently pending legislation concerning major steps to afford additional consumer protection.

Uniform Consumer Credit Code And National Consumer Act: Some Objective Comparisons, Benny L. Kass

San Diego Law Review

The Uniform Consumer Credit Code was approved by the National Conference of Commissioners on Uniform State Laws on July 30, 1968, and by the American Bar Association on August 7, 1968. Many state legislatures are today actively considering the measure, with Utah and Oklahoma having already enacted it. The National Consumer Act was promulgated in 1969 by the National Consumer Law Center, an Office of Economic Opportunity funded project at Boston College Law School. It too, is under active consideration around the country. Both Acts are comprehensive revisions of the hodge-podge of consumer credit state laws that are on the …

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.

Preface

San Diego Law Review

Hubert Humphrey begins the issue by urging that, "Quality is more than the merit of individual products, it is our total atmosphere." He sets the keynote for the issue. The authors and the articles represent the broad spectrum covered by the contemporary phrase "Consumer Protection."

Action For Consumers, Hubert H. Humphrey

San Diego Law Review

Government should continue and develop additional protective measures to ensure consumer safety.

The Department Of Transportation And The Consumer, John A. Volpe

San Diego Law Review

A general discussion on public interface the Department of Transportation. This Article reflects upon the evolution of the department in response to consumers needs and the needs of the business community.

Corporate Responsibility And Product Safety, James S. Turner

San Diego Law Review

Three realities must be dealt with in the current market place to protect the public from hazardous products. First, massive economic power has moved from the government to major corporations. Second, scientific advancements needed to protect consumers from hazardous products now lags behind corporations ability to continual development new hazardous products. Third, the combination itself has led to a dangerous condition for the consumer.