1,720,983 research outputs found
PRACTITIONER\u27S GUIDE TO THE OKLAHOMA UNIFORM CONSUMER CREDIT CODE. By Frederick H. Miller, Alvin C. Harrell, Warren L. Wright, James A. McCaffrey & Joseph K. Heselton. Austin, Texas: Butterworth Legal Publishers. 1990. Administrative Interpretations of the Uniform Consumer Credit Code. Compiled by Frederick H. Miller. Austin, Texas: Butterworth Legal Publishers. 1989.
No full textWrecking Ball Disguised as Law Reform: ALEC\u27s Model Act on Private Enforcement of Consumer Protection Statutes
No full textThe consumer protection statutes of every state are currently under attack by a proposed model law that would effectively eliminate the critical private enforcement provisions that give these laws their power The American Legislative Exchange Council ALEC has produced a purported law reform vehicle that is actually a wrecking ball to destroy one of the building blocks of consumer protection namely the private enforcement of state unfair and deceptive practices acts It does this by systematically weakening each and every provision of these laws such as lower burdens of proof special damages and attorney\u27s fees that were designed to provide consumers with access to justice for small economic wrongs This article examines the history and goals of the state consumer protection statutes with their private enforcement mechanisms and then demonstrates how the ALEC model act would undermine these goals The article also critically examines certain research studies that claim to demonstrate abuses of the current laws The article concludes that while the statutes in question could perhaps benefit from some limited reforms the ALEC proposal is an illconceived attempt to effectively repeal the private enforcement of state consumer protection statute
The Dynamic Duo of Consumer Protection: State and Private Enforcement of Unfair and Deceptive Trade Practices Laws
No full textThis article focuses on the critical importance to consumer protection of the ÔÇ£dynamic duoÔÇØ of state and private enforcement mechanisms provided in state unfair and deceptive acts or practices UDAP statutes The article begins by chronicling the origins of these state laws rooted in a cooperative effort between the Federal Trade Commission and state governments in the late 1960\u27s and early 1970\u27s The two goals of the state laws are 1 expanding consumer protection enforcement out to states and individuals and 2 providing consumers with more adequate remedies for relatively small individual injuries from marketplace practices The evolution of more aggressive state attorney general litigation such as multistate lawsuits and suits against large companies led to some federalstate tensions over the years but mostly the federal and state consumer protection missions have been in harmony Private enforcement is also evaluated including the public benefits of individual or class actions as deterrents to future unfair or deceptive practices as well as the individual benefits to consumers who can obtain meaningful remedies The article rebuts criticisms of the private right of action for state UDAP laws but also endorses some limited judicial and legislative reforms that can both leave consumers adequately protected while shielding businesses from unwarranted litigation The article concludes that both halves of the ÔÇ£dynamic duoÔÇØ ie state and private enforcement of state UDAP laws are needed to provide the optimum level of consumer protection This article has been published at 81 Antitrust Law Journal 911 201
Sea Changes in Consumer Financial Protection: Stronger Bureau and Stronger Laws
No full textAfter the financial crisis of 2008 Congress responded by enacting new laws that changed the direction and theoretical underpinning of consumer protection in the financial sector The Consumer Financial Protection Agency formed by the DoddFrank Wall Street Reform and Consumer Protection Act of 2010 is a new and stronger agency for consumers Two pieces of legislation the Mortgage Reform and AntiPredatory Lending Act Title XIV of DoddFrank and the Credit Card Accountability Responsibility and Disclosure Act Credit CARD Act of 2009 are stronger laws ensuring the safety of consumer financial products These new legislative and regulatory developments mark a shift from the rational consumer theory that underlay the great disclosure statutes of the late 1960\u27s and early 1970\u27s such as the Truth in Lending Act and toward the rising influence of behavioral economics as a guiding force in consumer protection This article examines the new agency and the new laws explains how they differ from the prior governmental structure and precepts compares and contrasts rational consumer theory and behavioral economics theory demonstrates how the new developments are a reflection of the modern theory and then analyzes the advantages and disadvantages of this new approac
Consumer Protection Law in a Nutshell
No full textThis Nutshell explores traditional and emerging areas in consumer protection law.https://scholarship.law.uwyo.edu/books/1000/thumbnail.jp
Putting Some Teeth in TILA: From Disclosure to Substantive Regulation in the Mortgage Reform and Anti-Predatory Lending Act of 2010
No full textRecommended from our members
PRACTITIONER\u27S GUIDE TO THE OKLAHOMA UNIFORM CONSUMER CREDIT CODE. By Frederick H. Miller, Alvin C. Harrell, Warren L. Wright, James A. McCaffrey & Joseph K. Heselton. Austin, Texas: Butterworth Legal Publishers. 1990. Administrative Interpretations of the Uniform Consumer Credit Code. Compiled by Frederick H. Miller. Austin, Texas: Butterworth Legal Publishers. 1989.
No full text
Recommended from our members
Consumer protection law in a nutshell /
No full text"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as raising claims and defenses against third party financers (Holder in Due Course), warranties, default and debt collection, are included. Last but not least, there is a chapter on the law affecting various forms of payment for consumer transactions, including credit and debit cards"--Provided by the publisher
- …
