CHAPTER 3 CONSUMER PROTECTION Consumer Bill of Rights Proposed by JFK in 1962 Lesson Objective: Know the 7 Consumer Rights & Responsibilities Government Agencies set up to protect those rights. Consumer Bill of Rights 1. Right to Safety Products must not endanger consumer’s lives or health 2. Right to be Informed Businesses must provide accurate information in advertising, labeling and sales 3. Right to Choose Consumers should have a variety of goods and services from which to choose Competition Consumer Bill of Rights 3. Right to Choose (cont’d) • Bill of Rights aimed at making products safe and competition fair • Competition results in the following two factors: – Lower Price – Improved Product Quality • Unfair Competition – Monopolies (Sherman Anti Trust Act, Microsoft) – Price Fixing: all companies agreeing to charge the same price thus no choice Consumer Bill of Rights (4-7) 4. Right to be Heard The government must consider consumer interests when creating laws 5. Right to Redress Consumers must be able to remedy problems 6. Right to Consumer Education Sufficient information available for consumers 7. Right to a Healthy Environment Businesses should avoid polluting and contribute to the welfare of their community Consumer Protection Agencies • Federal Trade Commission (FTC) – Protects consumers from unfair business practices • Consumer Product Safety Commission (CPSC) – Tests and bans hazardous products • Environmental Protection Agency (EPA – Makes sure businesses dispose of hazardous waste, monitors air and water quality • Federal Communication Commission (FCC) – Monitors the radio and television airwaves - $550,000 fine, delay increased to 10 seconds Consumer Protection Agencies • Securities & Exchange Commission (SEC) – Monitors & controls stock market – Insider Trading Legal / Insider Information Illegal • Securities Investors Protection Corporation (SIPC) – first line of defense if a brokerage firm fails that owes customers cash and securities missing from their accounts • Food & Drug Administration (FDA) – recalls, alerts, and warnings of foods, drugs, medical devices, and cosmetics Consumer Protection Agencies • Federal Aviation Administration (FAA) – responsible for the safety of civil aviation • Federal Deposit Insurance Corporation (FDIC) – Insures investor’s deposits up to $250,000 until December 2013 (then back to $100,000) • BBB – Private organization that gathers information and reviews on businesses The Importance of a Warranty Warranty – company’s promise that the product will meet specific standards over a given time period, or the company will repair or replace it, or give a refund Magnuson-Moss Warranty Act in 1975 • Established how warranties could be advertised/written • All warranties are divided into either a full warranty or limited warranty Full warranty – very specific, repair or replace a defective product within a coverage time period at no charge, how to file a claim and return the product, promise a solution within a reasonable time period Limited warranty – specific limitations outlined, within a coverage time period a solution must be found, explains how to make a claim Implied Warranty – unwritten guarantee that the product is of sufficient quality to fulfill the purpose for which it was designed Deception (Legal) • Trading Up • Sale Prices • Suggested Retail Price • Loss Leader Fraud • Fraud - is deliberate deception, designed to secure unfair or unlawful gain; cheating the consumer A statement is fraudulent if it meets the following two criteria: 1. The person who made the statement must know it is false. 2. The purpose of the statement must be to cause others to give up property that has value such as money. Your best protection against fraud is to avoid it – be savvy. Examples of Fraud • Bait and Switch – baiting consumers with an advertised, but nonexistent, bargain and then switching then to a more expensive product • Pyramid Schemes – type of fraud where people pay to join an organization in exchange for the right to sell memberships to others (sells no legitimate product) People at the top of the pyramid get a big payoff, the other individuals receive nothing – waste money Chain letters and Airport are two examples of pyramid schemes Telephone Fraud An offer seems just to good to pass up Too good to be true, it probably is A person asks for your credit card or social security number to verify your identity You must buy something to get something else of greater value for free A person refuses to send you written copy of a sales agreement before you agree to buy Tips to Identify Telephone Fraud, Continued The salesperson demands that you act now or the offer will expire The person refuses to identify themselves or their organization The person refuses to provide a telephone number and address where you can reach their organization How to Protect Yourself from Deception and Fraud 1. 2. 3. 4. 5. 6. 7. Learn to recognize fraud when you see it Educate yourself about fraud Realize it can happen to anyone Be skeptical of most if not all things Ask questions Use the Decision Making Process Avoid Unnecessary Risks Resolve Consumer Problems 1. Start with the store (bring receipts) Talk with a department salesperson Then speak with a manager (if needed) 2. If the manager cannot help, write to the manufacturer 3. If a resolution still does not exist, write or speak with a Consumer group or professional organization (BBB, or local chamber or commerce) 4. Last resort – file a lawsuit Helpful Consumer Organizations Better Business Bureau 1. Helps resolve disputes between consumers and sellers 2. Keeps a file of complaints against local businesses and supplies this information to consumers who ask for it 3. Educates consumers by providing information in printed tip sheets and booklets and on the Internet 4. Promotes honest advertising and selling practices Other Consumer Resources • Arbitration • Media • Government • Small Claims Courts