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Consumer Protection  

Consumer Protection

Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The Consumer protection laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and unable to take care of themselves. Consumer Protection laws are a form of government regulation which protects the interests of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers), and to the formation of consumer organizations which help consumers make better choices in the marketplace.

Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers, consistent with economic efficiency, but this topic is treated in Competition law.

Consumer protection can also be asserted via non-government organizations and individuals as consumer activism.

Consumer law

"Consumer protection law" or "consumer law" is considered an area of public law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions.

Such laws deal with credit repair, debt repair, product safety, service contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy and much more.

European Union

The European Union has been very active in the field of consumer protection, producing a considerable volume of Directives which require member states to regulate consumer protection to a particular standard (which may or may not allow a higher standard of regulation).

United Kingdom

The United Kingdom is a member state of the European Union and so is bound by the consumer protection directives of the European Union. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter judicially treated as tort, contract, restitution or even criminal law.

Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading will then investigate, impose an injunction or take the matter to litigation.

The Office of Fair Trading also acts as the UK's official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by Trading Standards departments. General consumer advice can be obtained from Consumer Direct or via a local branch of the Citizen's Advice Bureau.

Consumer organizations are advocacy groups that seek to protect people from corporate abuse. Unsafe products, predatory lending, false advertising, astroturfing and pollution are all examples of corporate abuse.

Consumer organizations may operate via protests, campaigning or lobbying. They may engage in single-issue advocacy (e.g., the British Campaign for Real Ale (CAMRA), which campaigned against keg beer and for cask ale) or they may set themselves up as more general consumer watchdogs, such as the Consumers' Association in the UK.

One common means of providing consumers useful information is the independent comparative survey or test of products or services, involving different manufacturers or companies (e.g., Which?, Consumer Reports, etcetera).

Another arena where consumer organizations have operated is food safety. The needs for campaigning in this area are less easy to reconcile with their traditional methods, since the scientific, dietary or medical evidence is normally more complex than in other arenas, such as the electric safety of white goods. The current standards on mandatory labelling, in developed countries, have in part been shaped by past lobbying by consumer groups.

The aim of consumer organizations may be to establish and to attempt to enforce consumer rights. Effective work has also been done, however, simply by using the threat of bad publicity to keep companies' focus on the consumers' point of view.

Consumer organizations may attempt to serve consumer interests by relatively direct actions such as creating and/or disseminating market information, and prohibiting specific acts or practices,or by promoting competitive forces in the markets which directly or indirectly affect consumers (such as transport, electricity, communications, etc.).

Enterprise Act 2002

In the United Kingdom, the Enterprise Act 2002 allows consumer bodies that have been approved by the Secretary of State for Trade and Industry to be designated as "super-complainants" to the Office of Fair Trading. These super-complainants are intended to, "strengthen the voice of consumers," who are "unlikely to have access individually to the kind of information necessary to judge whether markets are failing for them." Eight have been designated as of 2007.

  • Which? - formerly the Consumers Association - a consumer advocacy organisation which has substantial powers (for example to take representative actions under the Competition Act 1998) but which is primarily a lobbying organisation funded entirely by subscriptions to its regular consumer information magazine.
  • National Consumer Council
  • The Citizen's Advice Bureau, a free service that provides legal advice, practical help and information on consumer rights across the country.
  • Postwatch
  • CAMRA - a lobbying group concerned with the tradition and quality of beer.
  • General Consumer Council of Northern Ireland
  • Consumer Direct
  • Consumer Council for Water (formerly known as Watervoice)
  • Which?
  • National Consumer Council
  • Citizens Advice
     
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