The Federal Consumer Protection Agency and the Adhesion Contract Used to the Detriment of Consumers Shall Be Rendered Null and Void
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Commercial Nuisance: a Theory of Consumer Protection
Commercial Nuisance: A Theory of Consumer Protection The fraudulent practices of some merchants, since they deprive the poor of much of their income, not only offend law and ethics but also impede efforts to alleviate the poverty upon which those practices depend.1 In part, the solution to this problem will depend on the remedies available in the courts. Regulatory statutes have been passed in increasing numbers, 2 and recent judicial expansion of the uncon- scionability doctrine indicates that judge-made law also may be in- creasingly important in affording relief.8 But because courts cannot act until cases are before them, expansion of substantive doctrine is unlikely to solve the problem, for the fraud which characterizes many retail transactions in poverty areas is largely dependent on the buyers' ignorance of their legal rights and the lack of available counsel. Fur- ther, buyers rarely have the financial resources to bring or defend an action. The sums at stake are low in comparison to the expenses of litigation, and since the fruit of victory is no more than rescission of the contract, success will not provide a lawyer's compensation. As a result, garnishment and attachment are frequently utilized to satisfy the amounts purportedly due.4 Every state has criminal penalties intended to regulate commercial transactions in some measure, but hesitancy to initiate criminal action 1 Such practices include selling reconditioned items as new, substituting low quality goods on delivery for those agreed upon in the store, and levying illegal credit charges. Other more subtle devices are written into the contract. -
Competition and Consumer Protection Implications of Algorithms, Artificial
Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics Remarks at Competition and Consumer Protection in the 21st Century November 14, 2018 D. Bruce Hoffman Director, Bureau of Competition, U.S. Federal Trade Commission Introduction Good morning and welcome to the seventh FTC hearing on competition and consumer protection in the 21st century. This is an incredibly important series of events, and we have fantastic panelists who have important and interesting things to say. It will help us create a record that will be useful for a long time to come. Let me start by giving a couple of disclaimers. First, everything I say today in this brief introductory speech will be only my personal remarks, not necessarily the views of the Federal Trade Commission or any Commissioner. I also want to thank Howard Law School for hosting this event—it’s a pleasure to be here. The other disclaimer I need to give is that this event is being photographed and webcast. It will be posted to the FTC website, and by participating in this event, you consent to these terms. I thought I would start by talking briefly about why we are holding hearings on competition and consumer protection in the 21st century, and why we are doing a hearing on artificial intelligence. I know Professor Gavil mentioned this yesterday, and I’d like to echo the important educational purpose of these hearings. At the Federal Trade Commission, we are very much in study and learning mode on the issue of antitrust and its application to modern and developing technologies. -
Consumerism and Environmental Policy: Moving Past Consumer Culture
Consumerism and Environmental Policy: Moving Past Consumer Culture Bradley A. Harsch* CONTENTS Introduction ......................................................................... 544 I. Environmental Problems and Ways of Dealing With Th em ............................................................................ 548 A. Industrial Economy and the Environment ............... 548 B. Conventional Approaches to Addressing Environmental Problems ......................................... 550 C. Proposed Approaches to Addressing Environmental Problem s ................................................................ 552 1. Market-Based Approaches: Internalizing Externalities ...................................................... 553 2. Reducing Energy and Raw Material Input .......... 554 3. Proposed Approaches that Address Consum ption ..................................................... 554 II. Consum er Culture ........................................................ 555 A. The Historical Development and Critique of the Consum er Culture .................................................. 557 B. Definitive Aspects of Consumer Culture .................. 559 1. The Reification of Images .................................. 559 2. The Market as the Primary Means of Satisfying D esires .............................................................. 562 C. Advertising and Consumer Culture ......................... 566 1. Advertising and its Place in Society .................... 566 2. Our Incredulity ................................................. -
“What I'm Not Gonna Buy”: Algorithmic Culture Jamming And
‘What I’m not gonna buy’: Algorithmic culture jamming and anti-consumer politics on YouTube Item Type Article Authors Wood, Rachel Citation Wood, R. (2020). ‘What I’m not gonna buy’: Algorithmic culture jamming and anti-consumer politics on YouTube. New Media & Society. Publisher Sage Journals Journal New Media and Society Download date 30/09/2021 04:58:05 Item License https://creativecommons.org/licenses/by-nc-nd/4.0/ Link to Item http://hdl.handle.net/10034/623570 “What I’m not gonna buy”: algorithmic culture jamming and anti-consumer politics on YouTube ‘I feel like a lot of YouTubers hyperbolise all the time, they talk about how you need things, how important these products are for your life and all that stuff. So, I’m basically going to be talking about how much you don’t need things, and it’s the exact same thing that everyone else is doing, except I’m being extreme in the other way’. So states Kimberly Clark in her first ‘anti-haul’ video (2015), a YouTube vlog in which she lists beauty products that she is ‘not gonna buy’.i Since widely imitated by other beauty YouTube vloggers, the anti-haul vlog is a deliberate attempt to resist the celebration of beauty consumption in beauty ‘influencer’ social media culture. Anti- haul vloggers have much in common with other ethical or anti-consumer lifestyle experts (Meissner, 2019) and the growing ranks of online ‘environmental influencers’ (Heathman, 2019). These influencers play an important intermediary function, where complex ethical questions are broken down into manageable and rewarding tasks, projects or challenges (Haider, 2016: p.484; Joosse and Brydges, 2018: p.697). -
Behavioral Law & Economics and Consumer Financ
Consumer Financial Protection Bureau Behavioral Economics Symposium Panel 2: Behavioral Law & Economics and Consumer Financial Protection The Role of Behavioral Economics in Consumer Protection Policy: Reflections of a Consumer Economist Janis K. Pappalardo, Ph.D.1 Assistant Director, Division of Consumer Protection Bureau of Economics, Federal Trade Commission Washington, DC September 19, 2019 1 The views expressed are those of the author and may not reflect the views of the Federal Trade Commission or any individual Commissioner. This statement draws from my prior work. I thank Jason Chen and Scott Syms for research assistance and many colleagues who have contributed to my understanding of this topic over the years, but I am responsible for any errors. Background on my Perspective Let me tell you a bit about my experience to shed light on my perspective. I joined the Federal Trade Commission’s Bureau of Economics, Division of Consumer Protection in 1986 immediately after obtaining a Ph.D. from Cornell University with a major field in consumer economics and minor fields in industrial organization and statistics. As a staff economist, I analyzed consumer protection legal and policy matters related to unfair or deceptive practices, provided expert declarations for litigation, and conducted research on information regulation. I have published work in the American Economic Review: Papers & Proceedings, Journal of Consumer Affairs, Antitrust Law Journal, Review of Industrial Organization, and Journal of Public Policy and Marketing, from which I received two outstanding article awards. I serve on the editorial review boards of the Journal of Consumer Affairs and the Journal of Public Policy and Marketing, and I am co-editing a symposium on the economics of consumer protection for Economic Inquiry. -
Model Family Financial Protection Act
Model Family Financial Protection Act By Robert J. Hobbs, April Kuehnhoff, and Chi Chi Wu National Consumer Law Center® Revised December 2020 © Copyright 2020, National Consumer Law Center, Inc. All rights reserved. ABOUT THE AUTHORS Robert J. Hobbs has specialized in consumer credit issues, with particular attention to fair debt collection practices, in his more than 30 years at the National Consumer Law Center, Inc. (NCLC). He writes NCLC’s popular treatise Fair Debt Collection (6th Ed.) and The Practice of Consumer Law (2nd Ed. 2006); he edited NCLC’s annual volumes, Consumer Law Pleadings. He testified on and proposed amendments adopted as part of ABOUT THE NATIONAL the Fair Debt Collection Practices Act and the Truth in Lending Act, and participated in the drafting of NCLC's CONSUMER LAW CENTER Model Consumer Credit Code (1974). He was the designated consumer representative in two Federal Trade Since 1969, the nonprofit Commission rulemakings to regulate creditor remedies and National Consumer Law Center® to preserve consumers' claims and defenses. He is an (NCLC®) has used its expertise NCLC Senior Fellow, former Deputy Director of NCLC; a in consumer law and energy former member of the Consumer Advisory Council to the Federal Reserve Board; a founder, former Director and policy to work for consumer Treasurer of the National Association of Consumer justice and economic security Advocates, Inc.; and a graduate of Vanderbilt University for low-income and other and of the Vanderbilt School of Law. disadvantaged people, in the April Kuehnhoff is a staff attorney at the National United States. NCLC’s expertise Consumer Law Center whose focus includes fair debt includes policy analysis and collection. -
Consumer Choice: the Rp Actical Reason for Both Antitrust and Consumer Protection Law Neil W
Loyola Consumer Law Review Volume 10 | Issue 1 Article 11 1998 Consumer Choice: The rP actical Reason for Both Antitrust and Consumer Protection Law Neil W. Averitt Attorney, Office ofo P licy & Evaluation, Bureau of Competition, Federal Trade Commission Robert H. Lande Prof., University of Baltimore School of Law, Baltimore, MD Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Neil W. Averitt & Robert H. Lande Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law, 10 Loy. Consumer L. Rev. 44 (1998). Available at: http://lawecommons.luc.edu/lclr/vol10/iss1/11 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. FEATURE ARTICLES Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law Neil W. Averitt, B.A. Harvard, M.Sc. London School of Economics, J.D. By Neil W. Averitt and Robert H. Lande Harvard, is an attorney in the Office of Policy & Evaluation, Bureau of Competi- tion, Federal Trade Commission. Mr. Averitt can be reached at <[email protected]>. This article is about the relationship between Robert H. Lande, B.A. Northwestern, antitrust and consumer protection law. Its M.P.P. Harvard, J.D. Harvard, is Professor purpose is to define each area of law, to delin- of Law, University of Baltimore School of Law. Mr. Lande can be reached at eate the boundary between them, to show how <[email protected]>. -
Unemployment Insurance Fraud Consumer Protection Guide September 21, 2020
U.S. Department of Justice National Unemployment Insurance Fraud Task Force Unemployment Insurance Fraud Consumer Protection Guide September 21, 2020 This guide provides information and resources for individuals on how to protect themselves from unemployment insurance fraud and steps they can take if they suspect they have had their identity exploited by criminals. The U.S. Secret Service, U.S. Department of Labor–Office of Inspector General (DOL-OIG), Federal Bureau of Investigation, Homeland Security Investigations, Internal Revenue Service–Criminal Investigation, U.S. Postal Inspection Service, Social Security Administration–Office of the Inspector General, and the U.S. Department of Homeland Security–Office of Inspector General, coordinating with the U.S. Department of Justice, are investigating numerous fraud schemes targeting the unemployment insurance (UI) programs of various state workforce agencies (SWAs) across the United States. Fraudsters, some of which are transnational criminal organizations, are using the stolen identities of U.S. citizens to open accounts and file fraudulent claims for UI benefits, exploiting the unprecedented expansion of these benefits provided in response to economic disruption caused by the COVID-19 pandemic. Members of the National UI Fraud Task Force are working with SWAs, financial institutions, and other law enforcement partners across the country to fight this type of fraud, and consumers should be vigilant in light of this threat and take appropriate steps to safeguard themselves. This guide -
Critical Guide to Mill's on Liberty
This page intentionally left blank MILL’S ON LIBERTY John Stuart Mill’s essay On Liberty, published in 1859, has had a powerful impact on philosophical and political debates ever since its first appearance. This volume of newly commissioned essays covers the whole range of problems raised in and by the essay, including the concept of liberty, the toleration of diversity, freedom of expression, the value of allowing “experiments in living,” the basis of individual liberty, multiculturalism, and the claims of minority cultural groups. Mill’s views have been fiercely contested, and they are at the center of many contemporary debates. The essays are by leading scholars, who systematically and eloquently explore Mill’s views from various per spectives. The volume will appeal to a wide range of readers including those interested in political philosophy and the history of ideas. c. l. ten is Professor of Philosophy at the National University of Singapore. His publications include Was Mill a Liberal? (2004) and Multiculturalism and the Value of Diversity (2004). cambridge critical guides Volumes published in the series thus far: Hegel’s Phenomenology of Spirit edited by dean moyar and michael quante Mill’s On Liberty edited by c. l. ten MILL’S On Liberty A Critical Guide edited by C. L. TEN National University of Singapore CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521873567 © Cambridge University Press 2008 This publication is in copyright. -
The Second Economy in Consumer Goods and Services in the USSR
TITLE : THE SECOND ECONOMY IN CONSUMER GOOD S AND SERVICES IN THE USSR AUTHOR : Dennis O'Hearn CONTRACTOR : The University of California, Berkele y PRINCIPAL INVESTIGATOR : Gregory Grossman COUNCIL CONTRACT NUMBER 620-5 DNA DATE : October, 198 6 The work leading to this report was supported by funds provided by the National Council for Soviet and East European Research ; It is one of several papers originally prepared for a Conferenc e on the Soviet Second Economy held in January 1980 at the Kenna n Institute for Advanced Russian Studies, in Washington, D . C . Dennis O'Hear n The Second Economy in Consumer Goods and Service s Summary Beginning with the premise that the Soviet system of centralized plan - ning is the basic cause of the second economy, this paper proceeds to exa - mine the second economy in consumer goods and services with a view toward s shedding light on its relationship with the first economy . The paper firs t sets forth an official Soviet legal taxonomy of the various forms of secon d economy activity, the most important of which are private enterprise, com - mercial mediation and speculation . A key distinction is made in this clas - sification system between private activity that takes place at the state o r collective enterprise and that which occurs elsewhere . Thus, in the contex t of Soviet law, 'private enterprise' must be carried out under the guise o f a state, cooperative, or other socialist enterprise ; otherwise, it is simply classified as employment in a handicraft without certification or engagin g in a prohibited trade . -
The-Great-Depression-Glossary.Pdf
The Great Depression | Glossary of Terms Glossary of Terms Balanced budget – Government revenues equal expenditures on an annual basis. (Lesson 5) Bank failure – When a bank’s liabilities (mainly deposits) exceed the value of its assets. (Lesson 3) Bank panic – When a bank run begins at one bank and spreads to others, causing people to lose confidence in banks. (Lesson 3) Bank reserves – The sum of cash that banks hold in their vaults and the deposits they maintain with Federal Reserve banks. (Lesson 3) Bank run – When many depositors rush to the bank to withdraw their money at the same time. (Lesson 3) Bank suspensions – Comprises all banks closed to the public, either temporarily or permanently, by supervisory authorities or by the banks’ boards of directors because of financial difficulties. Banks that close under a special holiday declaration and remained closed only during the designated holiday are not counted as suspensions. (Lesson 4) Banks – Businesses that accept deposits and make loans. (Lesson 2) Budget deficit – When government expenditures exceed revenues. (Lesson 4) Budget surplus – When government revenues exceed expenditures. (Lesson 4) Consumer confidence – The relationship between how consumers feel about the economy and their spending and saving decisions. (Lesson 5) Consumer Price Index (CPI) – A measure of the prices paid by urban consumers for a market basket of consumer goods and services. (Lesson 1) Deflation – A general downward movement of prices for goods and services in an economy. (Lessons 1, 3 and 6) Depression – A very severe recession; a period of severely declining economic activity spread across the economy (not limited to particular sectors or regions) normally visible in a decline in real GDP, real income, employment, industrial production, wholesale-retail credit and the loss of overall confidence in the economy. -
The Heart & Wallet Paradox of Collaborative Consumption
The Heart & Wallet Paradox of Collaborative Consumption HUGO GUYADER Linköping Studies in Arts and Science No. 763 Faculty of Arts and Sciences Linköping 2019 Linköping Studies in Arts and Science • Dissertation No. 763 At the Faculty of Arts and Sciences at Linköping University, research and doctoral studies are carried out within broad problem areas. Research is organized in interdisciplinary research environments and doctoral studies mainly in graduate schools. Jointly, they publish the series Linköping Studies in arts and Science. This thesis comes from the division of Business Administration at the Department of Management and Engineering. Distributed by: Department of Management and Engineering Linköping University SE-58183 Linköping, Sweden Hugo Guyader The Heart & Wallet Paradox of Collaborative Consumption Cover: Elodie Guichaoua Edition 1:1 ISBN: 978-91-7685-116-6 ISSN: 0282-9800 © Hugo Guyader Department of Management and Engineering 2019 Printed by: LiU-Tryck, Linköping, 2019 Abstract Collaborative consumption is a peer-to-peer (P2P) exchange of goods and services facilitated by online platforms. This phenomenon is driven by technologies that make it easier and cheaper to redistribute and share the use of existing but underutilized private resources. It is embedded in the paradigm shift in society towards access-based consumption, in opposition to acquisition and private individual ownership. Firms take on the new role of enabler of collaborative consumption by developing online platforms and smartphone apps that facilitate P2P exchanges between people in their roles of peer providers and consumers. Collaborative consumption is anchored to two opposite logics of consumption: sharing and market exchange. This results in the Heart & Wallet paradox with its tensions between a pro-social orientation and communal norms on the one hand, and a for-profit orientation and market norms on the other hand.