Consumer Rights and Protection
| Author | Jeffrey Wilson |
| Pages | 295-301 |
Page 295
Consumer protection encompasses a broad range of consumer issues including, credit, utilities, services and goods. Many consumer complaints arise from simple disputes that may be resolved through communication between the consumer and the business. Others, however, may accuse a manufacturer or seller of engaging in fraudulent transactions. Consumers are protected under both state and federal laws. Some states have laws regarding major purchases that allow for a "cooling off" period in which the consumer can return the item or cancel the contract with no penalty. Each state Attorney General's office has some type of public protection division responsible for enforcing the rights of consumers in business and service transactions and to protect the civil rights of citizens. Federal standards are enforced by the Federal Trade Commission, which oversees a number of federal antitrust and consumer protection laws. The Commission seeks to ensure that the nation's markets function competitively and are vigorous, efficient, and free of undue restrictions. The Commission also works to enhance the smooth operation of the marketplace by eliminating acts or practices that are unfair or deceptive. In general, the Commission's efforts are directed toward stopping actions that threaten consumers' opportunities to exercise informed choice.
A warranty is the promise made by a manufacturer or seller to resolve problems the product may have. Warranties can cover the retail sale of consumer goods. Consumer goods include new products or parts which are used, bought, or leased for use primarily for personal, family, or household purposes. There are two kinds of warranties: implied warranties and express warranties.
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Implied warranties are unspoken, unwritten promises that are created by state law. In consumer product transactions, there are two types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability is a merchant's basic promise that the goods sold will function and have nothing significantly wrong with them. The implied warranty of fitness for a particular purpose is a promise that the seller's product can be used for some specific purpose. Implied warranties are promises about the condition of products at the time they are sold, but they do not assure that a product will last for a specific length of time. Implied warranties do not cover problems caused by misuse, ordinary wear, failure to follow directions, or improper maintenance. Generally, there is no specified duration for implied warranties under state laws. However, the state statutes of limitations for breach of either an express or an implied warranty are generally four years from date of purchase. This means that buyers have four years in which to discover and seek a remedy for problems that were present in the product at the time it was sold. It does not mean that the product must last for four years. Implied warranties apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual.
Express warranties are explicit warranties. Express warranties can take a variety of forms, ranging from advertising claims to formal certificates. An express warranty can be made either orally or in writing; however, only written warranties on consumer products are covered by the Magnuson-Moss Warranty Act.
Extended warranties are actually service contracts. Like warranties, service contracts provide repair and/or maintenance for a specific period of time; however, service contracts cost extra and are sold separately. Warranties are included in the price of the product; service contracts are not.
The Food Quality Protection Act (FQPA) of 1996 amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food Drug, and Cosmetic Act (FFDCA). These amendments fundamentally changed the way EPA regulates pesticides. The requirements included a new safety standard—reasonable certainty of no harm—that must be applied to all pesticides used on food.
The Safe Drinking Water Act was promulgated in 1974 to protect the quality of drinking water in the United States. This law focuses on all waters actually or potentially designed for drinking use, whether from above ground or underground sources. The Act authorizes EPA to establish safe standards of purity and required all owners or operators of public water systems to comply with primary (health-related) standards. State governments, which assume this power from EPA, also encourage attainment of secondary standards (nuisance-related).
The primary focus of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), enacted in 1972, was to provide federal control of pesticide distribution, sale, and use. EPA was given authority under FIFRA not only to study the consequences of pesticide usage but also to require users (farmers, utility companies, and others) to register when purchasing pesticides. Through later amendments to the law, users were required to take exams for certification as applicators of pesticides. All pesticides used in the United States must be registered (licensed) by EPA. Registration assures that pesticides will be properly labeled and that if when used in accordance with specifications will not cause unreasonable harm to the environment.
The Federal Anti-Tampering Odometer Law prohibits anyone from falsifying mileage readings in a new or used vehicle. The Federal Used Car Law requires used car dealers to post Buyers Guides on used cars. The Federal Automobile Information Disclosure Act requires new car dealerships to put a sticker on the windshield or side window of the car. This sticker must list the base price of the car, the options added and their costs, as well as the dealer's cost for transportation and the number of miles per gallon the car uses.
Dealers are not required by law to give used car buyers a three-day right to cancel. The right to return the...
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