Consumer Protection Law Commons^™

Consumer Fraud And The San Diego District Attorney's Office, M. James Lorenz

San Diego Law Review

Local responses dealing with consumer fraud.

Current Efforts In Consumer Protection In The Business-Investment Area, H. Warren Siegel

San Diego Law Review

A review of consumer laws in California designed to protect and inform the average Californian consumer. Three areas are discussed: commodities and investment advice, franchise investment, and rent skimming.

The Fault System, The Courts And The Consumer Revolt, Joseph Kelner

San Diego Law Review

Courts are increasingly insisting that producers fulfill their duty to research and design safe products, to make a product of good workmanship, to test it, and to warn consumers of potential hazards.

Wage Garnishment Under The Consumer Credit Protection Act: An Examination Of The Effects On Existing State Law, Douglas S. Wood

William & Mary Law Review

No abstract provided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part Ii, Thomas G. Field Jr.

Law Faculty Scholarship

Where does the trademark user stand today? What should he do? Perhaps he should review all his labeling in the very near future to try to catch any heretofore missed improprieties therein. If he should miss one or two, however, will his valuable trademarks be regarded as ab initio invalid? Will they be cancelled, pirated away, refused enforcement or what?

in an attempt to answer those questions, it seems worthwhile to synthesize the law that has been heretofore covered, and, perhaps, try to condense it into a few meaningful principles by which the trademark user may be guided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part I, Thomas G. Field Jr.

Law Faculty Scholarship

As indicated by the title, this is an inquiry into the trademark ramifications of labeling. Certain kinds of conduct may well result in cancellation of federal rights in trademark registration. This is equally true with respect to trademark application for registration. It is therefore useful to consider at the outset the impact that improper labeling may have on a party's right to register. Most unfortunately, if [a] label defect is not detected in the registration process, or if there is substantial delay between commencement of use of the mark and attempted registration, a party may find his rights seriously compromised. …

Consumer Protection—Lotteries: "Bonus Bingo"—The Great Safeway Lottery.—State Ex Re. Schillberg V. Safeway Stores, Inc., 75 Wash. Dec. 2d 351, 450 P.2d 949 (1969), Anon

Washington Law Review

Safeway Stores, Inc. conducted a promotional advertising game, bonus bingo, to attract customers to their grocery stores in Snohomish County. To win at bonus bingo, participants had to obtain a booklet of game cards from any Safeway outlet, visit Safeway Stores to pick up prize slip numbers for particular game cards, and present the winning card to a Safeway Store manager to collect the prize. The local Prosecuting Attorney, convinced that Safeway's promotion was an illegal lottery, sued for declaratory judgment on the legality of bonus bingo, and for an injunction to halt such advertising practices. Two lottery elements, a …

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 …

Products Liability - Assumption Of Risk Is An Affirmative Defense To A Products Liability Suit Based Upon Strict Liability In Tort - Mere Contributory Negligence Will Not Bar Plaintiff's Relief, Lee J. Radek

Loyola University Chicago Law Journal

No abstract provided.

Merchandising Through Use Of Lotteries, Robert V. Bullock

Cleveland State Law Review

It has been almost universally held that there must be three elements present for a promotion to constitute a lottery. These elements are consideration, chance, and prize. The absence of any one of these elements is fatal to identifying the transaction as a lottery.Promoters are continually modifying and shading each of these three elements, however, so that the courts and government officials must constantly reappraise their positions to protect both the public and legitimate business.

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 …

Representing The Low Income Consumer In Repossessions, Resales And Deficiency Judgment Cases, James J. White

Articles

The goal of this article is to lend a helping hand to the debtor's lawyer in his job of defending deficiency judgment suits brought following the repossession and resale of a debtor's encumbered personal property. Although some of the following discussion is relevant to the defense of any creditor's suit, and some applies to representation of the debtor prior to repossession or resale, the focal point of the discussion is the low-income consumer who has lost his automobile, television or some other "hard good" and has become a defendant in a suit brought by his secured creditor for a deficiency …

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.

The Unconscionability Offense, Michael H. Terry, John C. Fauvre

Georgia Law Review

THE Uniform Commerical Code [hereinafter UCC] became effective in Georgia on January 1, 1964.1 Adoption of the UCC repealed and modified many old Code sections. Moreover, it introduced some phrases and concepts slightly unfamiliar to Georgia courts. Some UCC principles have made significant changes in Georgia law. Others are yet to be interpreted. One concept added to commercial practice by the UCC is that of "unconscionability." The basic idea of the provision - that some con- tracts are simply too unfair to the consumer to be enforced by courts of justice - is not new to our legal system. UCC …

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

A Dichotomy In Consumer Protection - The Drug Device Definition Dilemma, Ronald L. Styn

Indiana Law Journal

No abstract provided.

Bleak House 1968: A Report On Consumer Test Litigation, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The author presents the practical problems of consumer test-case litigation. Writing in an informal, anecdotal style, he addresses himself to law students, telling them of the many obstacles they will face in this type of practice. The author relates the innumerable and exasperating delaying tactics employed by his adversaries in several cases now being litigated. Looking beyond the theoretical efficacy of test-case litigation as a solution to the morass of consumers' grievances, the author's experiences suggest the need for basic reform of state procedure in order to permit more speedy resolution of the issues raised by such litigation.

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

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.

The Consumer As King: The Economics Of Precarious Sovereignty, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

The New Kansas Buyer Protection Act, Arthur H. Travers Jr.

Publications

No abstract provided.

Federal Restrictions Of Wage Garnishment: Title Iii Of The Consumer Protection Act, David L. Cocanower

Indiana Law Journal

No abstract provided.

Foreword, Arthur H. Travers Jr.

Publications

No abstract provided.

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.

The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

The Consumer As King: The Economics Of Precarious Sovereignty, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Products Liability: Foreseeability Of Unusual Uses Of A Product Which Are Accompanied By Injury, G. F. E.

Georgia Law Review

Lately the courts have effected tremendous changes in the law of products liability.' One such area of change has involved the foreseeability of an injury occurring while a product is undergoing unusual use, which the product's designer alleges was not foreseeable and hence not within his duty to prevent. Before 1962, commentators devoted little attention to the question of negligent design of products. Since then, practically all emphasis has been focused on the design of automobiles involved in accidents. Assertions have been made that the automobile accident is a special situation where liability hat developed uniquely. This Note seeks to …

The Uniform Consumer Credit Code, John T. Copenhaver Jr.

West Virginia Law Review

No abstract provided.

The Need For Protection Of The Consumer Of Services, Robert M. Feinson

Buffalo Law Review

No abstract provided.