Open Access. Powered by Scholars. Published by Universities.®

Consumer Protection Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 4021 - 4050 of 4084

Full-Text Articles in Consumer Protection Law

Legislation--The Fair Packaging And Labeling Act: Its Legislative History, Content, And Future, Wesley E. Forte Oct 1968

Legislation--The Fair Packaging And Labeling Act: Its Legislative History, Content, And Future, Wesley E. Forte

Vanderbilt Law Review

The Fair Packaging and Labeling Act (FPLA), which became effective on July 1, 1967, was designed to protect consumers by requiring informative labeling and nondeceptive packaging for consumer commodities. The statute has been described as "an information bill. The first part is information largely about the label .... The second part of the bill is really, in a way, to try to eliminate the confusion in words so we have a common terminology, so we all speak the same language.... It is like establishing an alphabet ... in size designations." The author seeks to provide an insight into the new …

Go to article

Report On Product Safety: Household Goods Jan 1968

Report On Product Safety: Household Goods

Indiana Law Journal

No abstract provided.

Go to article

Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor, Jr. Jan 1968

Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor, Jr.

Georgia Law Review

DURING its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: To describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; to …

Go to article

Single-Corporation Competitive Torts And The Sherman Act: A Projection Based Upon A Review Of The Albert Pick, Atlantic Heel And Perryton Cases, John H. Boone Jan 1968

Single-Corporation Competitive Torts And The Sherman Act: A Projection Based Upon A Review Of The Albert Pick, Atlantic Heel And Perryton Cases, John H. Boone

Georgia Law Review

WITH the current vogue for new theories of antitrust liability, due in no small part to the increasing popularity of the private action, it is appropriate to consider the proper application of antitrust concepts to single-corporation competitive torts. Numerous unfair business practices have been conveniently classified under the general label of "competitive tort" because of the lack of uniformity in the application of the term "unfair competition." While as yet not widely accepted, the term "competitive tort" has the advantage of de- noting a more clearly ascertainable array of private wrongs arising in an economic or business context,2 all of …

Go to article

Regulation Of Finance Charges On Consumer Instalment Credit, Robert W. Johnson Nov 1967

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 …

Go to article

The Department Of Consumers, W. E. Forte Oct 1967

The Department Of Consumers, W. E. Forte

Vanderbilt Law Review

In 1872, Congress began protecting the American consumer by enacting legislation to prevent mail fraud. From this modest beginning, the consumer protection activities of the federal government have proliferated until today there are at least 33 government agencies engaged in 296 consumer protection activities. In 1961, the estimated annual expenditures by the federal government for direct consumer protection activities totaled 272 million dollars and the number of full-time federal employees engaged in such activities was almost 22,000. Expenditures for consumer advancement, a broader concept, were estimated at 681 million dollars in 1961 and the number of full time federal employees …

Go to article

Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice Feb 1967

Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice

West Virginia Law Review

No abstract provided.

Go to article

Consumer Legislation And The Poor, Eric Schnapper Jan 1967

Consumer Legislation And The Poor, Eric Schnapper

Articles

No abstract provided.

Go to article

Deceptive Advertising And Inconsistent Guarantees, Anon Oct 1966

Deceptive Advertising And Inconsistent Guarantees, Anon

Washington Law Review

Respondent, a national retailer of general merchandise, inserted in guarantee certificates accompanying some of its products conditions and limitations not disclosed in guarantees contained in newspaper advertisements. The Federal Trade Commission charged respondent with a violation of section 5 of the Federal Trade Commission Act for making false and misleading representations. Respondent asserted that whenever a customer made a claim guarantees were honored as advertised without regard to conditions and limitations contained in the certificates. On appeal to the Commission, the hearing examiner's initial decision dismissing the complaint was reversed, and a final order to cease and desist was issued. …

Go to article

The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster May 1966

The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster

Michigan Law Review

As might have been expected, the courts have not confined their efforts in updating the law of products liability to fostering innovations in that segment dealing with warranties. The struggle to impose strict tort liability upon a manufacturer for harm caused by his defective products has made significant advances and is continuing: However, the citadel has yet to be taken. Indeed, even the California Supreme Court, which may be considered the leading proponent of this strict tort theory, has limited its availability so that only those seeking redress for harm to person or property may invoke the doctrine; thus, a …

Go to article

Foreword, Frank R. Kennedy May 1966

Foreword, Frank R. Kennedy

Michigan Law Review

As will be evident by the time this symposium on consumer protection appears in print, not all the proposals that have been made on behalf of the consumer will pass this year; some, perhaps, will never be enacted in anything like their present form. However, both opponents and proponents of this spate of legislative proposals should recognize the timeliness and importance of the discussions presented in this issue of the Michigan Law Review.

Go to article

Industrial Self-Regulation And The Public Interest, Harper W. Boyd Jr., Henry Claycamp May 1966

Industrial Self-Regulation And The Public Interest, Harper W. Boyd Jr., Henry Claycamp

Michigan Law Review

As the affluence of the American society grows, a concern about such matters as health, education, and welfare has also become more apparent. Some concern derives from technological breakthroughs which require control, such as the development of aircraft for mass transportation. In other cases, increased recognition of serious threats to public health and safety has led various groups of aroused citizens to advocate governmental control. Today, growing numbers of individuals and organizations believe that the consumer's health and safety are not being adequately protected in at least two areas-cigarettes and automobiles. Thus, the following discussion is directed to the vital …

Go to article

Representing The Consumer Interest In The Federal Government, Esther Peterson May 1966

Representing The Consumer Interest In The Federal Government, Esther Peterson

Michigan Law Review

In 1964 President Johnson established both the President's Committee on Consumer Interests and the position of Special Assistant to the President for Consumer Affairs. The President declared that he was "taking action to assure that the .voice of the consumer will be loud, clear, uncompromising, and effective in the highest councils of the Federal Government." Never before had the consumer been expressly represented on so high a level. The Committee on Consumer Interests was given a unique task. "The value of our society," the President said, "cannot be measured in the mass, but in the condition of each individual." The …

Go to article

Products Liability--Some Observations About Allocation Of Risks, Page Keeton May 1966

Products Liability--Some Observations About Allocation Of Risks, Page Keeton

Michigan Law Review

Virtually all of the activities of mankind involve the use of some product. Consequently, nearly all losses in the nature of physical damage to persons or things, and a great deal of the economic losses flowing from inferior or unfit products, are factually caused by characteristics or conditions of products, or at least occur during the use of products. Therefore, when fault, in the sense in which fault has been used in the Anglo-American law of torts (a usage which frequently results in the imposition of liability without personal fault), is abandoned as a basis for shifting or allocating losses, …

Go to article

Government And The Consumer, Richard J. Barber May 1966

Government And The Consumer, Richard J. Barber

Michigan Law Review

This article takes up four major topics. First, the principal characteristics of governmental action with respect to consumer protection are reviewed, with emphasis on developments during the past thirty years. Second, the traditional pleas for consumer protection are examined with a view toward determining the inadequacies in governmental action. Third, the problems of the consumer are studied in the context of oligopolistic industrial markets in which nonprice competition accentuates the place of advertising and severely restricts the dissemination of factual information that is essential to enlightened purchase decisions. Fourth, the ingredients of a meaningful consumer protection program are outlined and …

Go to article

Federal Trade Commission Regulation Of Advertising, Earl W. Kintner May 1966

Federal Trade Commission Regulation Of Advertising, Earl W. Kintner

Michigan Law Review

The success of an economic democracy, no less than that of a political democracy, depends upon informed, intelligent choice. Thus, the widespread dissemination of information with respect to alternatives is imperative; otherwise, choices would be made in a vacuum and would become meaningless, if not plainly capricious. However, there is no paucity of information in our contemporary society; the so-called "mass media" ensure that. Indeed, modern man can hardly escape, even if he should so desire, the constant bombardment of information from television, radio, newspapers, billboards, and other sources.

Go to article

Can Federal Legislation Affecting Consumers' Economic Interests Be Enacted?, Philip A. Hart May 1966

Can Federal Legislation Affecting Consumers' Economic Interests Be Enacted?, Philip A. Hart

Michigan Law Review

Assume there is a definite need for legislation which centers on the economic-not the health or safety-interests of consumers. Can such a bill be enacted? If history, as Francis Bacon claims, does indeed "make a man wise," then a wise man would not even advocate such a bill, no matter how persuasive the evidence. Although government exists to protect the public interest, a look at history shows that the public--or the consumer-generally has not fared as well as many other special interests.

Go to article

Disclosure Of Finance Charges: A Rationale, Robert L. Jordan, William D. Warren May 1966

Disclosure Of Finance Charges: A Rationale, Robert L. Jordan, William D. Warren

Michigan Law Review

One wonders whether in all of the talk generated about disclosure in the past few years the purposes of disclosing finance charges to consumers have not been somewhat obscured. This article is an attempt to examine the subject of disclosure from the standpoint of the function it performs in consumer credit transactions. We shall discuss the various methods of computing finance charges in the different segments of the finance industry, the functions of disclosure of finance charges and the feasibility of using different computational methods in each category of consumer transactions. The problems involved in requiring the disclosure of finance …

Go to article

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr. May 1966

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.

Michigan Law Review

Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …

Go to article

Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr. May 1966

Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.

Michigan Law Review

While judicial acceptance of this concept of strict tort liability has been proceeding apace, far less dramatic but equally significant developments have been occurring with respect to both negligence and fraud liability. The possibility of recovering for a seller's misrepresentations concerning his product has been enhanced by a plaintiff-oriented judicial redefinition of two elements of a cause of action for fraud: defendant's knowledge of the falsity of his representation and plaintiff's reliance upon the deception. At the same time, negligence liability has often come to resemble liability without fault as courts continue to deemphasize, as a prerequisite to the application …

Go to article

Antitrust And The Consumer Interest, Kenneth S. Carlston, James M. Treece Mar 1966

Antitrust And The Consumer Interest, Kenneth S. Carlston, James M. Treece

Michigan Law Review

Public control of business in the United States has proceeded, in most sectors of the economy, on the assumption that free, open competition in the market should be the primary regulator. It is felt that consumer welfare will be maximized by such an organization of the economy. Courts, governmental agencies, and, to a certain extent, private agencies have performed the role of ensuring that free markets are not displaced by other, less desirable alternatives.

Go to article

Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon Jun 1965

Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon

Washington Law Review

In 1961 Washington joined those states which have enacted comprehensive trade regulation statutes The Washington Supreme Court recently sustained the constitutionality of this statute in an opinion which suggests that the law will have an active future. The state Attorney General brought an action to enjoin alleged monopolization by certain motion picture distributors and theatre owners of second run feature films in the Seattle area. The trial court sustained defendants' motion to dismiss for lack of jurisdiction over the subject matter on grounds that Congress had preempted trade regulation of interstate commerce, that the Washington act would interfere with and …

Go to article

In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins Apr 1965

In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins

Michigan Law Review

A wide divergence of opinion exists regarding the wisdom as well as the constitutionality of extensive jurisdiction through the use of liberally drafted and construed "long-arm" statutes. Hesitance may result from a fear of burdening a defendant with the inconvenience and expense of a foreign suit brought against him solely for the purpose of harassment. While this comment does not advocate the extent to which a court should assert the jurisdictional powers conferred on it by a given "long-arm" provision, it examines the scope of jurisdiction constitutionally permissible over nonresident manufacturers in product liability cases with a view toward formulating …

Go to article

Tying Arrangements Under The Antitrust Laws: The "Integrity Of The Product" Defense, F. Bruce Kulp Jr. Jun 1964

Tying Arrangements Under The Antitrust Laws: The "Integrity Of The Product" Defense, F. Bruce Kulp Jr.

Michigan Law Review

One of the most frequently asserted defenses to an action under either the Sherman Act or the Clayton Act against a tying arrangement-a contractual limitation imposed by a manufacturer whereby the purchaser of the "tying product" agrees to purchase a related "tied product" only from the manufacturer of the tying product-has been that the tying was necessary to protect the good will or the integrity of the tying product. Whether the tied product is service for the tying product, another component in a system in which the tying product is used, repair parts for the tying product, or any other …

Go to article

Usury-Applicability Of State Usury Laws To Installment Sales, John H. Blish May 1964

Usury-Applicability Of State Usury Laws To Installment Sales, John H. Blish

Michigan Law Review

Plaintiff sued a vendor and a finance company to cancel a conditional sales contract and note, for return of payments made, and to obtain an unencumbered certificate of title to a house trailer. The trailer's cash price was 5,000 dollars and plaintiff had paid 1,250 dollars down. Charges of 1,569 dollars were added, making the total time-price 6,569 dollars and leaving a time-balance of 5,319 dollars, payable in sixty monthly installments. The contract and note were immediately assigned to the finance company. Plaintiff based his claim on Nebraska's Installment Loan Act, alleging that the difference between the cash price and …

Go to article

Mail-Order Insurance: The F.T.C. Rides Again, Mary M. Walker Jan 1964

Mail-Order Insurance: The F.T.C. Rides Again, Mary M. Walker

Maryland Law Review

No abstract provided.

Go to article

Group Fraud: Fault Or Duty, William J. Moore Jan 1964

Group Fraud: Fault Or Duty, William J. Moore

Cleveland State Law Review

Recently, the legal bastion of "fairness" and "fault" in fraud and decit cases has been assaulted by courts, administrative agencies, and legal scholars. The walls are still standing, but here and there cracks have begun to appear and the words status and duty are no longer obscene in the field of seller's liability for false and misleading representations. A thorough study would require an analysis of all the environmental factors in a group-institutionalized society and also the interests the courts are protecting. Thispaper will touch on judicial protection of the consumer's interest in physical integrity, and the protection of consumer …

Go to article

Deceptive Reference To Manufacturer's List Price As Unfair Trade Practice - Giant Food, Inc. V. Ftc, Mary M. Walker Jan 1964

Deceptive Reference To Manufacturer's List Price As Unfair Trade Practice - Giant Food, Inc. V. Ftc, Mary M. Walker

Maryland Law Review

No abstract provided.

Go to article

Torts—Monopoly—Medical Services, Ralph L. Hawkins Jul 1963

Torts—Monopoly—Medical Services, Ralph L. Hawkins

Washington Law Review

Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.

Go to article

Implied Warranty And Trichinosis, Lee Ames Luce Jun 1963

Implied Warranty And Trichinosis, Lee Ames Luce

West Virginia Law Review

No abstract provided.

Go to article

First Prev Next Last