Consumer Protection Law Commons^™

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

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 …

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.

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 …

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.

Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita

Indonesia Law Review

Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …

Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman

Indonesia Law Review

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …

The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw

Indonesia Law Review

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …

The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi

Indonesia Law Review

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …

Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia

Indonesia Law Review

The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …

Toward A Multilevel Sociology Of Fraud, Brooke Harrington, Camilo Arturo Leslie

Northwestern University Law Review

This Essay applies a distinctively sociological multilevel analysis to fraud to provide novel insights and recommendations on an old problem. Rather than treating fraud as a problem of “criminogenic environments” or of individual psychologies and motivations, this multilevel analysis investigates the ways in which individuals (the micro level) interact with organizations (the meso level) and institutional systems (the macro level) to produce fraud. We illustrate these interactions and the insight that an interactive analysis can provide by using ethnographic data from an in-depth case study of the R. Allen Stanford offshore financial fraud. The case, which occurred in the Caribbean …

America's Anti-Fraud Ecosystem And The Problem Of Social Trust: Perspectives From Legal Practitioners, Edward J. Balleisen

Northwestern University Law Review

This contribution revives an autobiographical genre present in law reviews roughly a half-century ago, in which seasoned legal practitioners offered perspective on vital issues. Here, a senior deputy attorney general, a former federal prosecutor, a corporate defense attorney, and a legal aid lawyer each draw on their career experience to explore what they see as significant problems related to the law of consumer and investor fraud and the nature of consumer and investor trust. Their reflections emphasize the significance of law in action—how key actors seek to deploy legal mechanisms related to fraud and adjust their strategies in light of …