Consumer Protection Handbook

Capa
American Bar Association, 2004 - 137 páginas
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Consumer protection law has special relevance to antitrust practitioners. The most influential single authority on consumer protection, the Federal Trade Commission, is also a prominent feature of the antitrust landscape. In recent years, there has been increasing cooperation and cross-pollination between the FTC's Competition and Consumer Protection Bureaus. In addition, the statutes that govern antitrust and consumer protection are intertwined -- not only the FTC but also the numerous state laws that combine unfair competition claims (often cognizable as antitrust violations) with unfair and deceptive acts and practices. Not surprisingly, then, complaints by aggrieved competitors often allege both antitrust and consumer protection causes of action. For legal practitioners who are nonspecialists in consumer protection law, such as the general practitioner and corporate counsel, Consumer Protection Handbook is a concise guide to the basic principles of consumer protection law. Especially with the advent of e-commerce, firms are potentially subject to more varied consumer protection laws, in more jurisdictions, than ever before. provides an overview of the avenues available to the potential complainant and the risks faced by a potential defendant, and serves as a starting point for further research. The emphasis is on the law as it pertains to false advertising, unfair and deceptive trade practices, and privacy. This book also provides a brief description of the enforcement powers and available remedies, both for public and private litigants, under the major consumer protection statutes. The next section discusses consumer protection enforcement under federal law, both by the government -- that is, the FTC -- and by private plaintiffs under the Lanham Act. The final chapter shifts to state law and provides a broad understanding of the types of practices proscribed in many of the states and the sources from which challenges may come. Practitioners can use this material as a springboard to further close examination of the relevant statutory and case law in the specific jurisdiction. Commission Act, which defines the unfair and deceptive practices regulated by the FTC; Section 43(a) of the Lanham Act, which creates a federal private cause of action for false and misleading advertising; and the various state consumer protection and unfair and deceptive practices statutes enforced by state attorneys general, by other agencies, and by private plaintiffs.
 

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Índice

OVERVIEW OF CONSUMER PROTECTION ISSUES
3
A DECEPTION AND CONSUMER FRAUD
5
2 Deception New FTC Definition
8
3 Consumer Fraud
9
B FALSE ADVERTISING
10
1 Express and Implied Claims
11
2 Omissions
13
3 Materiality
15
1 Elements of a Claim
56
c Commercial Advertising or Promotion
59
d Materiality
60
e Injury
61
3 Remedies
64
b Monetary Damages
65
1 Plaintiffs Lost Profits
66
2 Defendants Profits
67

5 Substantiation
16
a Substantiation under the FTC Act and State UDAP Statutes
17
6 Establishment Claims
18
7 Typicality
19
9 Price Advertising
21
b Price Comparisons
22
10 Product Origin
23
11 Comparative Advertising and Disparagement
24
12 Disclaimers and Disclosures
25
13 First Amendment Defenses
27
C UNFAIR PRACTICES
29
D PRIVACY
32
FEDERAL CONSUMER PROTECTION LAW AND ENFORCEMENT
39
1 The FTC Act
40
a Enforcement Procedures
41
2 Sting Operations
43
a ADMINISTRATIVE TRIALS
44
b ACTIONS IN FEDERAL DISTRICT COURT
47
4 Settlement
49
b Other Statutes Enforced by the FTC
50
c FTC Rules Position Papers and Guides
52
2 FTC Guides
54
STATE CONSUMER PROTECTION LAW AND ENFORCEMENT
69
A General Provisions of State Consumer Protection Laws
70
2 Intent Deception Reliance and Injury
73
3 Value of FTC Precedent
74
4 Other State Consumer Protection Precedent
76
6 California Business and Professions Code Section 17200
78
B STATE ATTORNEY GENERAL ENFORCEMENT
79
1 Enforcement Powers and Procedures
80
2 Remedies
82
b Monetary Relief
84
3 Other State Laws
85
C Private Actions under State Consumer Protection Laws
86
b Damages
87
EXCERPTS OF IMPORTANT FEDERAL UNIFORM AND STATE CONSUMER PROTECTION STATUTES
91
2 Sections 34a 35a and 43a of the Lanham Act 15 USC 1116a 11170 1125a
100
3 Sections 1 to 7 of The Uniform Deceptive Trade Practices Act
102
Act
105
5 Sections 17200 to 17210 of the California Business and Professions Code
116
LIST OF STATE LITTLE FTC ACTS UDAP AND GENERAL CONSUMER PROTECTION STATUTES
125
TABLE OF CASES
129
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