Sales
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- FTC and other government agencies have the power to regulate sales.
Funeral Home Services
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, - Consumers here unlikely to "comparison shop" making them vulnerable.
- 1984 Funeral Rule- requires that those who operate funeral homes
provide customers with itemized price info about funeral goods and
services. May not misrepresent legal or cemetery requirements or require
customers buy certain funeral goods and services as a condition for
receiving other goods and services.
Telephone and Mail Order Sales
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- telephone and mail order purchases trigger more complaints than
traditional retail or door-to-door.
The Fair Debt Collection Practices Act (and collection behaviors expressly prohibited
by FDCPA)
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- Act applies ONLY to debt collectors who regularly attempt to collect
debts on behalf of others. Act prohibited:
1. Contacting a debtor at work if the debtor's employer objects
2. Contacting a debtor who has notified the collection agency that they
want no contact with the agency.
3. Contacting the debtor before 8 am or after 9pm
4. Contracting third parties about the debt (exceptions: contacting the
debtor's parents, spouse, or financial adviser)
5. Using obscene or threatening language when communicating with the
debtor.
6. Misrepresenting the collection agency as a lawyer or a police officers.
, Federal Food, Drug, and Cosmetic Act
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- To protect consumers against misbranded or adulterated food, drugs,
medical devices or cosmetics.
- according to the FDA a product must have authority to regulate drugs
and considers nicotine a drug.
The Fair and Accurate Credit Transaction Act
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- Passed in response to growing number of identity theft cases.
- Major credit reporting agencies required to provide customers with a free
copy of credit reports every 12 months.
- receipts required to contain abbreviated credit card #
- red flag suspicious purchases.
3 elements of deceptive claims
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1. A material misrepresentation, omission, or practice that is:
2. Likely to mislead
3. A reasonable consumer.
(Advertisement appears to be authentic but is not = deceptive)
Give this one a try later!
- FTC and other government agencies have the power to regulate sales.
Funeral Home Services
Give this one a try later!
, - Consumers here unlikely to "comparison shop" making them vulnerable.
- 1984 Funeral Rule- requires that those who operate funeral homes
provide customers with itemized price info about funeral goods and
services. May not misrepresent legal or cemetery requirements or require
customers buy certain funeral goods and services as a condition for
receiving other goods and services.
Telephone and Mail Order Sales
Give this one a try later!
- telephone and mail order purchases trigger more complaints than
traditional retail or door-to-door.
The Fair Debt Collection Practices Act (and collection behaviors expressly prohibited
by FDCPA)
Give this one a try later!
- Act applies ONLY to debt collectors who regularly attempt to collect
debts on behalf of others. Act prohibited:
1. Contacting a debtor at work if the debtor's employer objects
2. Contacting a debtor who has notified the collection agency that they
want no contact with the agency.
3. Contacting the debtor before 8 am or after 9pm
4. Contracting third parties about the debt (exceptions: contacting the
debtor's parents, spouse, or financial adviser)
5. Using obscene or threatening language when communicating with the
debtor.
6. Misrepresenting the collection agency as a lawyer or a police officers.
, Federal Food, Drug, and Cosmetic Act
Give this one a try later!
- To protect consumers against misbranded or adulterated food, drugs,
medical devices or cosmetics.
- according to the FDA a product must have authority to regulate drugs
and considers nicotine a drug.
The Fair and Accurate Credit Transaction Act
Give this one a try later!
- Passed in response to growing number of identity theft cases.
- Major credit reporting agencies required to provide customers with a free
copy of credit reports every 12 months.
- receipts required to contain abbreviated credit card #
- red flag suspicious purchases.
3 elements of deceptive claims
Give this one a try later!
1. A material misrepresentation, omission, or practice that is:
2. Likely to mislead
3. A reasonable consumer.
(Advertisement appears to be authentic but is not = deceptive)