Bell Ringer 1 “You get what you pay for.” How do you interpret this saying? Are there certain things that one should always expect when making a purchase? What might those things be? Chapter 3: Consumer Protection Chapter 3.1 Consumer Rights and Responsibilities Consumer Bill Of Rights • As an American Consumer…. • You expect the product you purchase to work properly • You expect to be treated fair and honestly by a merchant • You expect products you buy to be reliable and safe • If there is a problem, you expect to be able to exchange or return the item and get a refund • President John F. Kennedy established 4 consumer rights in 1962, 3 more were added later Matching Up! You will be given two sheets of paper Consumer Bill Of Rights Consumer Responsibilities Match up the explanations of consumers’ rights to the explanations of consumers’ responsibilities Rights & Responsibility Right To Safety • Products must not endanger consumers’ lives or health Responsibility to Use Products Safely • Consumers are responsible for following the manufacturer’s instructions for proper use and maintenance of the products Rights & Responsibility Right To Be Informed Responsibility To Use Information • Businesses must provide accurate information in advertising, labeling, and sales practices • Consumers are responsible for using the information to evaluate product choices Rights & Responsibility Right To Choose Responsibility To Choose Carefully • Consumers should have a wide variety of goods and services from which to choose • Consumers should take advantage of product variety by considering many options and making rational choices Right To Choose • Competition - contest among sellers to win customers • Keeps prices low • Monopoly – situation in which there is only one company that sells a specific product or service Competition • Contest among sellers to win customers. • Competitors know that if their prices are too high, you will buy from someone else. • Competition encourages manufacturers to keep improving their products. • Competition among businesses is ENCOURAGED in our economy. • Firms that attempt to take advantages of consumers can be fined or in extreme cases broken up into smaller businesses. Monopoly • A situation in which a single company or group owns all or nearly all of the market for a given type of product or service. • Most believe that, with few exceptions, the system just doesn't work when there is only one provider of a good or service because there is no incentive to improve the product to meet the demands of consumers. • Legal Monopoly: A business or group that owns a patent on a particular product or service • License that gives the holder exclusive rights to a process, design or new invention for a designated period of time. (~20 years) • This time frame is often used for research and development • United States Postal Service • Federal law prohibits anyone but the Postal Service from delivering firstclass mail. Rights & Responsibility Right To Be Heard • The government must consider consumers’ interests when creating laws Responsibility to Express Satisfaction or Dissatisfaction • Consumers should tell their elected officials their opinions on consumer issues and inform them of improper business practices Rights & Responsibility Right To Redress • Consumers should be able to obtain fair remedies to consumer problems Responsibility To Seek Redress • Consumers should inform businesses of product defects and unfair practices, Consumers should pursue remedies Right To Redress • Remedy to a problem • Refund or other compensation • You should seek redress when you are dissatisfied • Most companies want to fix a problem- protect their reputation • If you cant work out a solution, you have the right to sue • You have been physically harmed by the product or service • Last resort • Lawyer is usually necessary Rights & Responsibility Right To Consumer Education Responsibility to Be an Educated Consumer • Sufficient information should be available for consumers to make rational decisions • Consumers should take advantage of opportunities to gather information and learn how to make rational buying decisions Rights & Responsibility Right To A Healthy Environment Responsibility To Contribute To a Healthy Environment • Businesses should avoid polluting the environment and should contribute to the welfare of the community in which they operate • Consumers should support businesses that operate responsible and report environmental abuses to authorities Bell Ringer 2 COME TO CARPETOWN’S ONE-DAY SALE! For one day only— Saturday! You can carpet three rooms for only $799, You can choose the carpet. Well install it free. You wont pay a penny until next year! DON’T MISS YOUR BIG CHANCE! If you wanted to buy carpet for your home and you saw this advertisement, how would you evaluate the information it provides? How would the following facts influence your decisions? 1. The store runs this promotion at least once a month. 2. The store defines an average room as 12 feet by 12 feet. It will provide up to 432 square feet at this price. 3. You must choose from a specified group of carpet that is priced at $13.99 or less per square yard. 4. Although you wont pay a penny until next year, you will be charges 18% interest, which will increase the amount you owe. Explain why you should ask questions about ads before acting on them. Does this type of advertisement respect consumer rights? Safety Search Circle the ways the consumer family in the picture uses products unsafely. Find at least 20 unsafe consumer habits. Consumer Rights Questions… • Which consumer right protects you if: • 1. The teddy bear that you bought your little sister has an arm that pulls off easily. _____________________ • 2. One company has a monopoly on cable and so they can set any price they want for the service. __________________ • 3. You bought a used car and the dealer did not reveal numerous flaws on the vehicle. You have been dealing with that problem for eight months. _______________________________________________ Consumer Responsibility Questions… • It is your consumer responsibility to: • 1. _______________________ when you know that something should be recalled because you see a dangerous safety issue. • 2. _______________________ when you are going to purchase a major appliance. • 3. _______________________ when someone has contracted with you to provide a service and they have fallen far short of what was agreed to in your contract. Consumer Reports Magazine It publishes reviews and comparisons of consumer products and services based on reporting and results from its in-house testing laboratory and survey research center. They accept no advertising, pay for all the products they test, and, as a not for profit organization, they have no shareholders. It also publishes cleaning and general buying guides. Activity Consumer Report Assignment Bell Ringer 3 There are many resources we can use to find information about products we want to purchase. Where can we find information (reviews) on products? If you have ever looked up a review about a product, tell me what product it was and what you did to review that product. CHAPTER 3.2: GOVERNMENT & CONSUMER PROTECTION Consumer Movement • A.K.A. Consumerism • Seeks to protect and inform consumers by requiring such practices as honest advertising, product warranties, and improved safety standards • Grew out of consumers’ desire for government intervention on their behalf Federal Trade Commission • Created in 1914 • Most important Federal Consumer Protection Agency • Responsible for protecting consumers from unfair or deceptive business practices, such as misleading information in advertising or on product labels Federal Trade Commission Cease-and-Desist order • Issued by the FTC if it has discovered a company is using deceptive advertising • This order requires the company to stop using the advertisement • Continued use of the ad would result in a stiff fine Cease-and-Desist case • Terry Wilson from New Jersey created a protective sleeve for her notebook computer out of spandex pants. • She began trying to sell her product online and came up with the name “Tightpod.” • Apple owns trademark for iPod • Apple also owns trademark for “pod” in EUROPEAN countries with pending applications in the United States • Apples’ argument is that Terry is selling her product to be used with Apples’ products • The case is still in the works Tebow vs. Cubby Tee The "NY" is replaced with "MY" and the "JETS" is replaced with "JESUS." In addition, what's normally a football at the bottom of the logo is the "sign of the fish," often used to express faith. • T-shirt Made by “Cubby Tee” Company • Tebow’s attorney sent cease and desist letter to Cubby Tee Company • "The Merchandise makes it appear as if Mr. Tebow actually endorses Cubby Tees and its products." Tebow Vs. Cubby Tee • Cubby Tee thought Tebow would have liked the shirt since he endorsed this jersey • Cubby Tee are not backing down and responded to Tebow’s attorney by saying the design "shares nothing with Mr. Tebow except for promotion of a common Lord and Savior" Environmental Protection Agency (EPA) • Created in 1970 • Enforces laws that protect our environment • Makes sure businesses safely discard hazardous waste produced during manufacturing • Also sets standards for air quality • Example: • BP Oil Spill- Well blew out • In response to the BP oil spill, EPA monitored air, water, sediment, and waste generated by the cleanup operations Consumer Product Safety Commission (CPSC) • Created in 1972 to protect consumers from dangerous products • Has power over ALL consumer products • They can set safety standards for any consumer product and ban those that it considers to be hazardous • CPSC Web Site • Names products that have been recalled • Lists hazardous products based on data collected from emergency rooms • Recalls- News Story • Product Recalls Warranty • A company’s promise that the product will meet specific standards over a given time period, or the company will repair it, replace it, or give you a refund Warranty • Way for companies to gain your trust • Reduces consumer risk because they assure you that if the product is defective, you will be able to remedy the situation without much trouble • Only the company that issues the warranty backs it up • If the company goes out of business, the warranty is useless Magnuson-Moss Warranty Act • Passed to protect consumers from worthless warranties in 1975 • It specifies how a warranty must be written if a company offers one • Under this law, all warranties are grouped into two categories: • Full warranties • Limited warranties Full Warranty • Specific written guarantee • Must promise that it will repair or replace a defective product within a specified time period at no charge • Must explain how to file a claim and how to return the product to the business Counterpoint Carpet Corp. Full Five Year Warranty What is Covered This warranty covers any defects in materials or workmanship, including installation, with the exceptions stated below. How Long Coverage Lasts This warranty runs for five years from the date your carpet is installed. What is not covered This warranty does not cover fading or discoloration caused by exposure to sunlight or chemicals such as ammonia, laundry detergent, or household bleach. (For information on how to prevent fading or discoloration, consult our manual "Care Tips From Counterpoint Carpet," available free from your Counterpoint dealer.) What Counterpoint Will Do Counterpoint will repair any carpet that proves to be defective in materials or workmanship. In the event repair is not possible, Counterpoint will either replace your carpet with new carpet of similar composition and price, or refund the full purchase price of your carpet, whichever you prefer. How To Get Service Contact any Counterpoint dealer, listed in the Yellow Pages under "Carpet” or contact Counterpoint at 800-987-6543. A service representative will come to your home and take any necessary action to correct problems covered by this warranty. How State Law Applies This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Limited Warranty • Written warranty that does not meet the standards of a full warranty because of specified limitations (explained in warranty) • Must specify coverage time period • Must explain how to make a claim and promise a solution within a reasonable time period Magnifisound Corporation Limited Warranty What Does This Warranty Cover? This warranty covers any defects or malfunctions in your new Magnifisound hearing aid. How Long Does The Coverage Last? This warranty lasts as long as you own your Magnifisound aid. Coverage terminates if you sell or otherwise transfer the aid. What Will Magnifisound Do? Magnifisound will replace any defective or malfunctioning part at no charge. You must pay any labor charges. What Does This Warranty Not Cover? Batteries, or any problem that is caused by abuse, misuse, or an act of God (such as a flood) are not covered. Also, consequential and incidental damages are not recoverable under this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. How Do You Get Service? In order to be eligible for service under this warranty you must return the warranty registration card attached below within 30 days of purchasing the aid. If something goes wrong with your aid, send it postage paid with a brief written description of the problem to: Magnifisound Corp. Box 10000 Auditory, Ohio We will inspect your aid and contact you within 72 hours to give the results of our inspection and an estimate of the labor charges required to fix the aid. If you authorize repairs, we will return the repaired aid to you COD within 72 hours. You must pay any labor charges upon receipt of the repaired aid. If you inform us that you wish us to provide necessary parts to you but you wish to have repairs performed elsewhere, we will return the aid and replacement parts to you within 72 hours. There is no charge for inspection. How Does State Law Apply? This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Treadwell Tire Full Warranty During First 20% of Usable Tread Life If a defect in materials or workmanship appears in your Treadwell Tire before 20% of the tread is worn away, Treadwell Corporation will provide, at your choice, either free replacement of the same model number Treadwell Tire or a complete refund of the original purchase price. Limited Warranty During Remaining 80% of Usable Tread Life If a defect in, materials or workmanship appears in your Treadwell Tire after 20% of the tread is worn away and before the remainder of the tread is worn away, Treadwell Corporation will provide you with a credit good for the purchase of any Treadwell Tire of the same model number. The credit will drop by 10% of the original purchase price for each additional 10% of the tread that is worn away when the defect appears. How to Get Service Just bring the defective tire to any Treadwell Dealer. The address of the dealer near you is listed on the other side of this document How State Law Relates to this Warranty This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Implied Warranty • An unwritten guarantee that the product is of sufficient quality to fulfill the purpose for which it was designed • Example: • If you buy a hammer, you expect that it wont break when you hammer a nail into wood • If it does break, you have the right to return it, even if the hammer came with no written warranty Warranty Example Use the warranty example to answer the following questions. You may work with a partner. 1. What does the warranty cover/not cover? 2. What is the period of coverage? 3. What will the business do to correct problems? 4. How can the customer get warranty service? 5. How will the state law affect your customer rights under the warranty? Activity Sources of Consumer Protection Worksheet Bell Ringer 4 Think about a time you received an email, text message or phone call that said you won something… a gift card, iPad/iPod, designer purse, vacation, etc. Where did you receive this message from? Email, Facebook, pop up ad, instant message? How did you react and what did you do? What did you discover? Chapter 3.3: Deception & Fraud Deception vs. Fraud • Advertising becomes deceptive when it misleads • Deceptive advertising or selling practices taken to unlawful extremes become fraud “Let the buyer beware!” • In spite of all the protections offered to consumers, this saying is still important for consumers to remember because there are misleading business practices, both legal and illegal, that can cause buyers unnecessary aggravation and loss Video Part 1: Online Job Application Internet Scams Trading Up • Pressuring consumers to buy a more expensive product than they intended • Example: You see an advertisement for a very low priced DVD player. You go to Wal-Mart to buy the DVD player. When you get there the sales associate tells you the product isn't really that good and tries to convince you to buy a more expensive model. Sales Price • Only if the price is below the regular price • Can be deceptive • For example: stores can offer products at higher prices for only one day, then lower prices and call it a sale Suggested Retail Price • Manufacturer’s suggested retail price • Can be higher than any retailer expects to actually get for the product • For example: most car dealers expect you to negotiate a lower price than the manufacturer’s suggested retail price shown on the sticker (MSRP) Loss Leader • An item priced below cost to attract you to the store • Sometimes a retailer’s goal is to simply get you into the store. They will price an items below manufacturers price. • If you only buy that item, the retailer will lose money on that one item, but if you buy more… they gain! • How many times have you gone to the store for that one item and left with 12 items? I know I have! Loss Leader Examples Fraud • Deliberate deception designed to secure unfair or unlawful gain • Cheating the consumer • According to law, a statement is fraudulent if it meets two conditions: • 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 values, such as money, without fair compensation. Fraud • Without written evidence or witnesses, fraud is hard to prove • Safest bet is to follow the phrase: “If it seems too good to be true, it probably is!” Bait & Switch • Practice of baiting consumers with an advertised but nonexistent bargain and then switching them to a more expensive product • Example: You go into Best Buy to buy an advertised DVD player. You are told by the sales associate that the item is out of stock or sold out. Then, the sales person leads you over to a much better, more expensive, available DVD player. Pyramid Scheme • Type of financial fraud in which people pay to join an organization in exchange for the right to sell memberships to others • The difference between a pyramid and a legitimate multilevel marketing organization is that the pyramid sells no legitimate product • At the end the pyramid falls apart and the only people who get the big payoff are the people at the top Pyramid Scheme Example One pyramid scheme, called Airport, had each person who joined pay $1,500 to buy a square (membership). This gave that person the right to sell 8 squares to others for $1,500 each. Members who found 8 people to buy squares earned $10,500 in profit. Income: $1,500 X 8 = $12,000 Income – Cost = Profit $12,000 - $1,500 = $10,500 Internet & Telephone Fraud • Clues to watch out for when an offer is made to you online or over the telephone: • The deal offered seems too good to be true • You are asked 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 • You are not offered a written contract or sales agreement before you buy • You are told you must act immediately or the offer will expire • NO method is provided to contact the organization • NO information about the organization’s business record is available from independent sources Videos •Part 2: Online Job Application Internet Scams •Part 3: Online Job Application Internet Scams Bell Ringer 5 How do you protect yourself? Jot down some ways to protect yourself from fraud. What things should you watch for or do so you can prevent becoming a victim of a conartist? PROTECT YOURSELF! 1. RECOGNIZE IT! 2. Check out unfamiliar companies before buying! 3. Ask questions about offers that seem too good to be true 4. Understand the product or service you were buying 5. Make decisions with your head, not your emotions 6. Use the Decision Making Process to evaluate options!!! Chapter 3.4: Resolve Consumer Problems Purpose of A Complaint • To resolve the problem, NOT to demonstrate anger • Being rude and disrespectful will not get you anywhere! • How you will be successful and most likely get a resolution: • Have your facts straight • Have documentation (sales receipts, warranty) • Write down facts about the problem • Have a resolution in mind List of Facts 1. Date and location of transaction 2. Description of what you bought, including model number, color, size, and so on 3. Product’s price and your method of payment: credit card, check, cash… 4. A specific explanation of what is wrong with the product 5. A statement of how you want the problem resolved • Repaired, replaced, refund? • It should be fair to both parties involved The Complaint Process 1. Return to the store • Explain the problem to a sales person in the appropriate department or customer service department 2. If that doesn’t work, ask to speak to a manager 3. If that doesn’t work, write to the manufacturer • Describe problem clearly and honestly 4. Next step would be to contact a consumer group or professional organization such as the BBB 5. If all else fails… lawsuit Better Business Bureau • Nonprofit organization that helps consumers resolve problems • Helps consumers: • resolve disputes between consumer and sellers • Keeps a file of complaints against local businesses and supplies this information to consumers who ask for it • Stay educated by providing information and printed tip sheets and booklets on the internet • Promotes honest advertising and selling practices Arbitration • An impartial third-party will hear both sides of a dispute and will make a decision • When consumers sign binding mandatory arbitration (BMA) agreements, they give up their right to sue if they have a dispute with the firm • They must accept the decision of the arbitration board no matter what Think??? Imagine that you purchased an expensive brandname sweater from a local outlet of a national clothing store. It was labeled “machine wash in cold water and lay flat to dry.” After wearing the sweater, you washed it according to these instructions. When you tried to put it on again, you found that it had shrunk at least two sizes. You took it back to the store but were unable to get a refund. The store manager said you must have put the sweater in a hot dryer to make it shrink so much. What should you do next? Cooling Off Period • Specified period of time within which a consumer can back out of an agreement to buy something • Usually 3 days from the day the purchase was made Cooling Off Period • The FTC made a rule that consumers can cancel contracts they have sign in their homes within 3 days of signing • Protects the consumer from • High pressure situations • Door to door salespeople Small Claims Court • A court that handles suits for small dollar amounts without the service of a lawyer • In most states, the range is from $1,000-$10,000 • Advantages • You don’t need a lawyer (they are actually not allowed) • Court costs are low (under $250) • Most cases resolved quickly To Begin A Lawsuit… • • • • • Take all information to courthouse Clerk will tell you how to proceed Be sure to exhaust all options before deciding to sue If you don’t win, you may be required to pay defendant’s costs Even if the court rules in your favor, you may still have problems getting the defendant to pay • In this case, you may need to hire a lawyer and take case to a high court • If loss is small, it could cost you more than you might win Make sure it is worth it! Small Claims Court The People’s Court Season 17 Episode 15 Bell Ringer 6 Think about a product you want to complain about… Write down the following: What the item is Where you bought it and when (date) Price and how you paid What happened/ what is the problem? What solution do you expect? Complaint Letter Assignment Assignment Sheet and Sample Letter are in the Student Files (J:) Drive Complete the “Making A Successful Written Complaint” worksheet then compose your letter Print your letter DON’T FORGET TO SIGN IT! Staple your “Making A Successful Written Complaint” worksheet to the back of your letter and turn it in! CHAPTER 3 BINGO!! • • • • • • • • • • • • Pyramid Scheme Fraud Better Business Bureau Consumer Product Safety Commission Federal Trade Commission Arbitration Consumer Movement Warranty Limited Warranty Full Warranty Implied Warranty Cooling Off Period • • • • • • • • • • • • • Monopoly Competition Small Claims Court Lawsuit Bait and Switch Trading Up Consumer Reports Loss Leader Environmental Protection Agency Redress Consumer Bill Of Rights Consumer Responsibilities Cease and desist order