Consumer Protection Law Commons^™

Outlawing Corporate Prosecution Deals When People Have Died, Peter Reilly

Faculty Scholarship

Two Boeing 737 MAX aircraft crashes, occurring less than five months apart in 2018 and 2019, resulted in 346 deaths—possibly the deadliest corporate crime in U.S. history. The United States Department of Justice (DOJ) used an alternative dispute resolution tool called a deferred prosecution agreement (DPA) to resolve criminal charges against Boeing and to immunize the company’s senior-level managers from prosecution. In the end, the company admitted to engaging in the criminal behavior, paid a monetary fine, and agreed to cooperate fully with the government—meaning there would be no courtroom trial, no formal adjudication of guilt, and no possibility of …

Book Review On Consumer And Sme Credit Law By Nora Beausang, Prof. (Dr.) G.S. Bajpai, Dr. Sushila

International Journal on Consumer Law and Practice

In this book review, the authors review the book titled "Consumer and SME Credit Law" by Nora Beausang which addresses in detail legal requirements applicable to the provision of financial services to consumers/SMEs and conduct of business regulatory issues relevant to consumer protection in Ireland, a highly regulated common law jurisdiction. The book analyses how the Irish regulators and courts have dealt with the consequences of, and inevitable upsurge in, civil disputes arising from the fallout from the global financial crisis and an overheated residential property market in the context of national, EU and internationally-derived regulatory requirements.

Unethical Marketing And Advertising To Children: Need For Regulation, Dr Sheetal Kapoor, Vikas Trivedi

International Journal on Consumer Law and Practice

The International Organization for Standardization (ISO) lays emphasis to regulate advertising targeted at children globally as kids are inexperienced and vulnerable to adverse impact of promotions by marketers and such regulations are trailing behind.1 Ensuring a robust regulatory mechanism and its effective enforcement remains the biggest challenge globally. The present paper studies the rationale of advertisements targeting children, assesses the impact of contemporary media advertisements on children and appraises the existing regulatory landscape of children targeted advertisements in India. It pushes for the need for stronger regulatory framework in the emerging markets.

Is Right To Repair One’S Own Good A Consumer Right? An Analysis Of The Changing Dimensions Of Consumer Rights In India., Tr Subramanya, Nidhi Saroj

International Journal on Consumer Law and Practice

The “Right to Repair” is a novel and non - traditional legal concept that addresses granting of the right to fix a damaged product, such as a car or smartphone, or to make any changes to such a device by the owner, the maker, or a third-party repair store. A growing global movement, the “right to repair” promotes consumers’ independence by allowing them to perform maintenance and repairs on their own equipment rather than being limited to the manufacturer’s service options. Countries throughout the world including United States and the United Kingdom have enacted laws by way of protecting citizens’ …

Dark Patterns In A Bright World : An Analysis Of The Indian Consumer Legal Architecture, Sandeep Sharma J., Ishita Sharma Dr.

International Journal on Consumer Law and Practice

Dark patterns’ are consumer targeted marketing strategies that capitalize on cognitive biases of consumers’ propelling them to make decisions, contrary to their intended preferences. The term dark patterns coined by user designer Harry Bignull has gained traction recently, due to its correlation with psychological responses that are produced through nudges that are unaligned to the consumers’ original preference. The consumer responses elicited through the use of such dubious nudges have a direct correlation with the way human brain functions. These covert strategies employed by digital marketing platforms capitalize through behavioral science, aimed at their economic growth compromising the consumers’ free, …

The Economics Of Repair: Fixing Planned Obsolescence By Activating The Right To Repair In India, Dunia Zongwe, Mahantesh Gs, Mamatha R

International Journal on Consumer Law and Practice

This paper examines the lack of a Right to Repair (R2R) legislation in India, particularly in the technology sector, and proposes key principles for an optimal Right to Repair Act based on competition economics and consumer choice. In the current scenario, electronic devices are often designed with planned obsolescence, leading to limited lifespans and encouraging a cycle of consumption and disposal, which negatively impacts the economy, society, and the environment. The global R2R campaign aims to balance societal rights and corporate interests by empowering consumers with the right to repair their devices.

Our research is the first to develop core …

Consumer Harms Arising From The Competition Dynamic Of E-Commerce Platforms In Malaysia, Tze Chin Ong Dr, Mei Fei Lee Ms., Norhoneydayati Abdul Manap, Zalina Abdul Halim Dr., Sridevi Thambapillay

International Journal on Consumer Law and Practice

The structure of the digital market of e-commerce platforms is dynamic, with a combination of characteristics such as strong network effects, concentrated multi-sided platforms, extreme economies of scale and scope, low marginal costs, and high data returns. These strong network externalities within the multisided e-commerce market make the competitive environment in e-commerce significantly different from the conventional monogamous market as they create gatekeeper positions favouring a few incumbent e-commerce platforms. In these circumstances, gatekeeper incumbent e-commerce platforms often set commercial conditions that have the effect of undermining other players and potential rivals within the ecosystem. In this regard, there has …

Reviewing The Organization Of The Consumer Right To Withdraw In Electronic Transactions In Qatar, Mahmoud Fayyad, Reinhard Steennot

International Journal on Consumer Law and Practice

This research identifies and analyses weaknesses in Qatar’s legal regulatory framework for the right to withdraw in electronic transactions, understands the causes of consumer dissatisfaction and their impact, and conducts a comparative analysis of European law to extract insights for improving Qatar’s legal regulations and organizational structure. This research employs a quantitative methodology, utilizing a survey administered to a random sample of 391 consumers. The survey will gather data on consumer perceptions, experiences, and satisfaction levels related to the right to withdraw in electronic transactions in Qatar. The results revealed a need for more confidence among Qatari consumers when purchasing …

Equity And Expedition In Consumer Law And Justice: Some Thoretical Reflections And Practical Concerns, Prof. Upendra Baxi

International Journal on Consumer Law and Practice

This essay examines the notions of consumer in various incarnations as Grahak and Upbhokta, ethical consumer. alienated consumer, and the involuntary consumer in the context of consumer law and justice (CLJ) and consumer education. In many senses, the idea of ‘consumer’ is a recent idea as a market subject both to necessary and unnecessary market evils and modern law enacts ‘consumer protection’ as reform and rationalization of the market leaving intact the mode of production or the structures of the economy. That tension is aggravated by the further questions as to whether consumer rights are human rights. And these may …

Tiktok Is Not Your Doctor: Reprioritizing Consumer Protection In Pharmaceutical Advertisement Regulation, Nora Klein

Belmont Law Review

This Note will examine DTCA in the context of DTC telemedicine companies, with a focus on the proliferation of such advertisements on social media platforms. Part I discusses the intertwining forces that have led to the prevalence of DTC telehealth advertising on social media. Part II introduces the current regulatory scheme applicable to DTCA, and explains the First Amendment protections afforded to commercial speakers. Part III explores why DTC telemedicine companies are not subject to the regulations applicable to DTCA generally, as well as the implications stemming from the current lack of oversight. Finally, Part IV proposes a solution to …

The Nightmare Of Dream Advertising, Dustin Marlan

William & Mary Law Review

Advertisers are attempting to market to us while we dream. This is not science fiction, but rather a troubling new reality. Using a technique dubbed “targeted dream incubation” (TDI), companies have begun inserting commercial messages into people’s dreams. Roughly, TDI works by: (1) creating an association during waking life using sensory cues (for example, a pairing of sounds, visuals, or scents); and (2) as the subject is drifting off to sleep, the association is again introduced with the goal of triggering related dreams with related subject matter. Based on a 2021 American Marketing Association survey, 77 percent of 400 companies …

Legislative Protection For The Insured As A Consumer From Abusive Conditions In The Insurance Contract - A Comparative Study, Akram Daoud, Nour Qanadilo

An-Najah University Journal for Research - B (Humanities)

No abstract provided.

From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg

Testimony Before Congress

Two-hundred and forty—that’s the number of name-brand stores and institutional suppliers that we all depend on. Through them, we all buy seafood from importers who sell what forced laborers process in Chinese factories and vessels. We do it as families, as schools, as businesses. What is not in that number are the ways we buy forced-labor seafood as governments, mostly through five federal agencies and local school food authorities.

The Outlaw Ocean team, led by Ian Urbina, made transparency happen. They aren’t the first to reveal Xinjiang supply chains. But what distinguishes their seafood reporting is that they literally …

Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney

University of Cincinnati Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Ambiguity And Exceptions: Dissecting Cftc V. Monex Credit Co. And The Commodity Exchange Act To Explain Actual Delivery, William Knotts

MC Law Review

“Leveraged trades” are transactions in which an investor borrows the capital to purchase or sell a commodity using the commodity itself as collateral. These transactions are vital to the health of commodities markets as they relate directly to market participation and liquidity, both essential components. A recent Ninth Circuit decision threatens these types of valuable transactions by adopting a narrow interpretation of a key exemption from the applicability of Commodity Exchange Act regulations. This Article will argue a broader interpretation is more consistent with the purpose behind the Commodity Exchange Act, recent Commodity Futures Trading Commission interpretations, and will better …

Arguing Arbitration Waiver After Morgan V. Sundance A Path To Hold Debt Buyers Accountable For Abusive Collection Litigation, Noa Gutow-Ellis

Cardozo Journal of Equal Rights & Social Justice

The note examines the impact of the Supreme Court's decision in Morgan v. Sundance on consumers' ability to challenge debt buyers in court under the Fair Debt Collection Practices Act (FDCPA). It argues that Morgan has provided a significant opportunity for consumers to argue that debt buyers have waived their right to arbitration, thereby allowing consumers to pursue FDCPA claims in court rather than being forced into arbitration. The article highlights the abusive practices of debt buyers, particularly their targeting of low-income and minority communities, and proposes strategies to hold debt buyers accountable.

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

Faculty Scholarship

Antitrust scholars have widely debated the apparent paradox of Amazon seemingly wielding monopoly power while offering low prices to consumers. A single company’s behavior thereby helped spark an intellectual renaissance as scholars debated why Amazon’s prices were so low, whether antitrust enforcers should intervene, and, eventually, how the field should be reformed for the era of large online platforms. One of the few things that all parties have agreed upon amidst those contentious conversations is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices than commonly understood. More importantly, unraveling the disconnect …

Kompetensi Mutlak Badan Penyelesaian Sengketa Konsumen Dalam Sengketa Lelang Barang Gadai: Studi Putusan Nomor 16 Pk/Pdt.Sus-Bpsk/2020, Barus Mario Ari Leonard, Sri Laksmi Anindita

Jurnal Hukum & Pembangunan

The authority of Consumer Dispute Settlement Agency (BPSK) in settling consumer dispute is regulated in a limited cause. In the Verdict No. 16 PK/Pdt.Sus-BPSK/2020, Judges verdict that BPSK has no authority in giving verdict for settling dispute between pawn giver and pawn taker in the case of pawn auction. This happen though the verdict of BPSK has been approved by Judges of first degree court and appellate court. The verdict was analyzed in this writing with the qualitative method. BPSK is alternative dispute resolution board between consumer and business industry. Agreement with pawn company and pawn giver was mainly debt …

Consumer Protection & Bankruptcy Law—Rewarding Repayment: Removing The Fear From Crushing Student Loan Debt Through Alternatives To Discharge, Sarah Holden

University of Arkansas at Little Rock Law Review

No abstract provided.