Consumer protection laws in the U.S. include various federal and state laws, each of which governs a particular area of the economy. The government oversees consumer protection through the Federal Trade Commission (FTC). States use a variety of agencies and statutes to enforce consumer protection and sometimes expand on these𒆙 laws. Not all jurisdictions protect consumers in the same way, however. Some are more pro-consumer than others.
Consumer protection laws are made to protect consumers from fraudulent business practices,🎃 defective products, and dangerous goods and services. They play an important role in a reliable market economy, helping to keep sellers honest with no threat of unpleasant surprises.
Key Takeaways
- Consumer protection laws exist to prevent dangerous or unethical business practices such as false advertising or faulty products.
- They play an important role in a reliable market economy, helping to keep sellers honest.
- The Federal Trade Commission (FTC) regulates warranties and service contracts for most consumer goods.
- States use agencies and statutes to enforce consumer protection and may expand on federal laws with some being more pro-consumer than others.
- Consumer protection laws in finance seek to prevent predatory lending, housing discrimination, securities fraud, privacy violations, and other unethical practices.
Consumer Warranties and Service Contracts
The product comes with a warranty whenever you buy merchandise. This is a guarantee that it will serve the purpose it was purchased for. In other words, it will function.
Express and Implied Warranties
The two basic types of warranty are express and implied. An 澳洲幸运5官方开奖结果体彩网:express warranty is a promise from the seller, either written, oral, or expressed in an ad. It effectively guarantees that the item will perform its function for a specified period. An express warranty is a guarantee that the item will work whether it's new or used. Not all 🔜items come with exp𝔍ress warranties, however.
The law automatically provides the 澳洲幸运5官方开奖结果体彩网:implied warranty. These are a part of all retail sales of new and used consumer goods. The retailer of an item implies that the item will work properly and be of average grade and quality as long as it's used for the purpose for which it was sold. A refrigerator will keep things cool as long as you're not trying to 🍰cool the entire room. A blender will blend as long as you're not blending rocks.
It's important to get warranty specifics in writing whenever you buy something. Find out what the warranty covers. Does it include service fees if the item has to be repaired? How long is the warranty? An implied warranty can last as long as four years, according to the FTC, but the actual period can vary by state.
Dealing With Warranty Breach
Have the item replaced or repaired by the seller if a warranty is breached. Try resolving the dispute through mediation if that doesn't work. You have the right to sue the manufacturer or seller if that fails.
Service contracts can't be canceled after you've signed them but there's a cooling-off period during which you might be able to void a contract under certain circumstances, according to the FTC. Contact the agency at for information on th𒉰e correct way to approach your particular situation.
You can contact the FTC 澳洲幸运5官方开奖结果体彩网:Consumer Product Safety Commission to file a complaint about a seller or manufacturer or call your local prosecutor and ask for the consumer fraud division. The 澳洲幸运5官方开奖结果体彩网:Federal Communications Commission (FCC) is the place to turn for help if youꦗ were defrauded by a telephone solicitor or fell into a TV advertiser's trap.
Tip
You're entitled to a copy of your credit report from the three major credit bureaus once a week at no charge under the terms of the 澳洲🌌幸运5官方开奖结果体彩网:Fair and Accurate Credit Tr🍌ansactions Act (FACTA).
Financial institutions use the information contained in this report to determine their risk in lending to you. Consumers usually find out about this report only after there's been negative information reported such as mishandled accounts or erroneous data. You can get your free credit report at .
Key Consumer Protection Laws
Federal Securities Act
One of the most important consumer protections in finance is the Securities Act of 1933 which was enacted during the Great Depression. The act strictly limits the sale of investment contracts referred to as "securities" and requires issuers to disclose the details of their financing and business plans. The act also established the Securities and Exchange Commission (SEC) which enforces securities laws and punishes violations.
Fair Credit Reporting Act
The Fair Credit Reporting Act was passed in 1970 to regulate the collection of credit information which is frequently used to determine mortgage and lending rates. The law limits who can access a consumer's credit history and prohibits lenders from providing outdated or inaccurate information. The law also allows consumers to read their credit reports and to contest any inaccurate information.
Important
The 澳洲幸运5官方开奖结果体ও彩网:Consumer Financi༒al Protection Bureau (CFPB) is responsible for 澳洲幸运5官方开奖结果体彩网:protecting consumers when it comes to financial products and൩ services.
The Dodd-Frank Act
The Dodd-Fra༒nk Wall Street Reform and Consumer Protection Act, usually shortened to the "Dodd-Frank Act," was a sweeping reform of U.S. financial regulations in the wake of the 2008 financial crisis.
The act stepped up oversight of banks and financial institutions, particularly those deemed to have been responsible for the Great Recession. It created the Financial Stability Oversight Council with the ability to break up banks that were "too big to fail" or to increase their reserve requirements. It also established the CFPB which regulates subprime mortgages and other predatory lending practices.
The Fair Housing Act
The 澳洲幸运5官方开奖结果体彩网:Fair Housing Act protects buyers and renters of housing from being discriminated against by sellers, landlords, or financial institutions.
The Fair Debt Collection Practices Act (FDCPA)
This law limits the actions of third-party debt collectors when they're attempting to collect debts on behalf of another person or entity. It outlines when and how often a third-party debt collector can contact a debtor. Noncompliance by debt collectors can result in lawsuits.
Section 5 of the Federal Trade Act
Section 5 of the Federal Trade Commission Act, sometimes just referred to as “Section 5,” demands that consumers be treated fairly and not deceived or put at risk by businesses. This includes:
- Causing substantial injury to a consumer
- A statement, omission, or practice that's likely to mislead consumers
Telephone Consumer’s Protection Act (TCPA)
This act ensures that consumers aren't deceived and harassed by telemarketers. A national do-not-call list was created thanks to the TCPA.
The CAN-SPAM Act
The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 governs email communications. It establishes requirements for commercial messages, including not using false or misleading headers and subject lines, identifying messages as ads, and providing a postal address and information on how to opt out of being contacted in the future. Recipients have the right to stop being contacted and penalties will be dished out to those who violate the act’s rules.
The Gramm-Leach-Bliley Act (GBLA)
The GBLA requires that all U.S. financial institutions must reveal in writing how they handle, share, and protect consumers’ information.
The Children’s Online Privacy Protection Act
This act governs what information websites that are directed to children under 13 years of age can collect from their visitors.
Fast Fact
There are many other acts worth learning about that apply in certain situations, including the Home Owner Protection Act, the 澳洲幸运5官方开奖结果体彩网:Electronic Funds Transfer Act, and the 澳洲幸运5官方开奖结果体彩网:Fair Credit Billing Act.
Be Aware of Scams
Scam artists generally take advantage of whatever is happening at a particular point in time. There were a lot of phony foreclosure rescues that caused people to lose equity in their homes to so-called rescuers in the wake of the housing bust of 2008.
There has also been an increase in scam attempts through automated phone calls. The FTC began receiving reports of scammers posing as government officials during the COVID-19 pandemic, using the promise of unemployment benefits to extract Social Security numbers, private bank account numbers, or other sensitive information.
Consumer protection laws exist to protect consumers and make us feel more confident about buying things but having this protection doesn't mean we shouldn't care about getting scammed. It's better for everyone if a complaint isn't necessary.
Tips include using credit cards rather than debit cards for online shopping and closely reviewing every item on your monthly bills. Customers should also use a separate email account for their online shopping. This helps avoid spam. Never respond to emails asking you to "confirm" recent transactions after you shop because they can be phishing scams.
What Are Online Consumer Protection Laws?
Many laws in the U.S. shield consumers from fraud, faulty products, or data privacy invasion. The Restore Online Shoppers' Confidence Act or ROSCA is one example. It prohibits the sale of user data by third-party payment processors and regulates "negative option" contracts in which a consumer's inaction is interpreted as an intention to pay for a service.
ROSCA doesn't prohibit negative options but it does enact certain requirements to ensure that the buyer has informed consent.
How Do Consumer Protection Laws Apply to Mortgage Lending?
Consumer protection laws safeguard borrowers against discrimination and predatory lending practices. The Fair Housing Act prohibits discrimination based on race, sex, religion, national origin, and several other categories. This prohibition applies at every stage of the mortgage application process.
The Dodd-Frank Wall Street Reform Act prohibits several aspects of predatory lending such as undisclosed mortgage terms and steering clients to mortgage products that carry a higher commission.
What Are Consumer Protection Laws for Bankruptcy?
The Bankruptcy Abuse Prevention and Consumer Protection Act includes several provisions to limit abuse of the bankruptcy system, including an income threshold for Chapter 7 bankruptcy for individuals. It also protects IRAs from bankruptcy liquidations so an individual who declares bankruptcy won't lose their retirement savings.
What Are Consumer Protection Laws That Protect Your Privacy?
The Fair Credit Reporting Act limits the use of consumers' credit history such as bill payments and borrowing history. The Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, establishes protections for personal financial information and requires banks to disclose clearly how private information will be used.
The Bottom Line
The modern economy is dependent on consumer protection laws. These rules help eliminate bad businesses and they give consumers peace of mind and encourage them to spend more. The number of laws has continued to grow over the decades and has evolved to reflect developing technologies and business practices. Consumers are better informed of their꧋ rights than ever before thanks to the Internet and other technologies.🌠