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CONSUMER PROTECTION


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Datamatrix - Consumer Protection

Suite 802

CONSUMER PROTECTION


European Union and International Consumer Policy
Australia
Canada
Ireland
New Zealand
United Kingdom
United States

Please note that the information provided herein is not intended to be absolute.  It is a compilation of information which has been harmonized to adhere to the foundation of principles as put forth by The UN, the United States and the Commonwealth so it is important that you should check current details with your particular government We would like to particularly acknowledge the support of the United Nations, FirstGov of the United States Government and Business Link of the United Kingdom for the use of their text which is provided by permission and protected by their individual copyrights. 

We are all consumers and we all want a fair deal.  The world is determined to build a fairer and more prosperous working environment.  A fair deal and prosperity go hand in hand.

EUROPEAN UNION AND INTERNATIONAL CONSUMER POLICY

Consumer and Competition Policy Directorate (CCP) is responsible for co-ordination of UK input into European Union and other international for a, including OECD, WTO and the UN, to protect consumers from dishonest trading practices and unsafe products.  This includes the negotiation, implementation and review of EC legislation and EU policy on consumer protection generally, including recent changes to the Treaty to ensure that consumer protection requirements are taken into account in formulating other community policies and activities.

European Consumer Protection Directives

CCP is also responsible for the regulations, implementation and revision of European directives on consumer protection.

EU Directive on Unfair Commercial Practice

The Directive on Unfair Commercial Practices was adopted by the European Commission on 18 June 2003 and will be subject to the co-decision procedure, which means that the European Parliament and Council will decide it jointly.

The proposed Directive includes a general prohibition on business-to-consumer unfair commercial practices and specific rules aimed at combating misleading and aggressive practices. 

Commission’s Consumer Consultative Group

The European Consumer Consultative Group (formerly the Consumer Committee) was set up by the European Commission, and may be consulted on all matters relating to the protection of consumer interests at Community level.

For more information on the European Consumer Consultative Group, including its composition, please see:

http://europa.eu.int/com/consumers/cons_org/associations/committ/index_en.htm

Internal Market Council, Consumers and Tourism (IMCTC)

The UK’s Minister for Consumer Affairs, attends the meetings of the IMCTC where a number of consumer issues are discussed.  The most recent meeting took place on 30 September 2002.

European Community Consumer Funding

The European Community provides financial support for specific projects realised at national or European level and intended to implement the objectives of the EU Consumer Policy Strategy 2002-2006.

A call for proposals for specific projects is published at least once every two years in the Official Journal.  The call for 2004 was published on 4 May 2004 and can be viewed here:

http://europa.eu.int/comm/consumers/tenders/information/grants/projects_en.htm

European Consumer Infocentres (Euroguichet)

The European C omission is contributing funding towards a UK Euroguichet information service to consumers on cross-border purchasing.

This new service helps consumers by providing information on cross-border shopping in the European Union, and by advising them in the event of problems.  The service is fully operational and is provided through the existing network of Citizens Advice Bureaux, which are already familiar to consumers.

You will find further information about Euroguichet on this EC web site:

http://europa.eu.int/comm/consumers/policy/euroguichets/index_en.htm

EC Consumer Organisations

Consumer and Competition Policy Directorate also deals with European Consumer Organisations on a regular basis.

Association of European Consumers (AEC)

The AEC promotes via research, analysis and exchange of information, the general interests of consumers in the internal market.

European Association for the Co-ordination of Consumer Representation in Standardisation (ANEC)

ANEC represents the interest of consumers on European Standardisation policies.

Bureau Europeen des Unions de Consommateurs (BEUC)

BEUC is the representative organisation of independent national consumer associations in Europe.

AUSTRALIA

The Office of Consumer Affairs and Fair Trading

http://www.consumer.tas.gov.au/

Consumer and Business Affairs

http://www.nt.gov.au/dib/caft/

CANADA

Government of Canada:

http://www.gc.ca/form/eformssubjects_e.html#con

Alberta:

http://www.service.alberta.ca/pages/category.asp?EK=13494&PK=

British Columbia:

http://www.ca/home.htm

Manitoba:

http://www.gov.mb.ca/agriculyture/consumer.html

New Brunswick:

http://www.app.infoaa.7700.gnb.ca/gnb/Pub/EServices/ListServicesBySector.asp?SectorlD1=290&ArealD1=2

New Foundland:

http://www.gov.nf.ca/Services/business.stm

Northwest Territories:

http://www.gov.nt.ca/

Nova Scotia:

http://www.gov.ns.ca/legi/legc/statutes/consumersv.htm

Nunavut:

http://www.gov.nu.ca/Nunavut/policies/

Ontario:

http://www.cbs.gov.on.ca/mcbs/english/CPA_2002.htm

Prince Edward Island:

http://www.gov.pe.ca/index.php3/index.php3?number=81114

Quebec:

http://www.gouv.gc.ca/

Saskatchewan:

http://www.ir.gov.sk.ca/Default.aspx?DN=3148,2936,Documents

Yukon:

http://www.gov.yk.ca/services/abc/consumer_services.html

IRELAND

Consumer Protection

http://www.irlgov.ie/topics/display.asp?Key=Consumer+Protection

Consumer Affairs

http://www.irlgov.ie/topics/display.asp?Key=Consumer+Affairs

Consumer Information

http://www.irlgov.ie/topics/display.asp?Key=Consumer+Information

Consumer Rights

http://www.irlgov.ie/topics/display.asp?Key=Consumer+Rights

NEW ZEALAND

Consumer Law and Regulations

http://www.govt.nz/services?treeid=337

Ministry of consumer Affairs

http://www.consumeraffairs.govt.nz/businessinfo/index.html

THE UNITED KINGDOM

Consumer Policy  - helping consumers to make well-informed purchases and working to promote open, competitive markets.

http://www.dti.gov.uk/ccp/

Consumer Direct  -  Consumer Direct is a new telephone and online advice and information service for UK consumers.

http://www.consumerdirect.gov.uk/

Consumer Strategy  -  The government has launched a consultation on a consumer strategy for the next 5 – 10 year’s  The strategy sets out the practical actions required to bring the UK up to world-class standards for consumers.

http://www.dti.gov.uk/ccp/topics1/consumerstrategy.htm

Safe Internet Shopping – Recent surveys have drawn attention to the need to give consumers better information on safe internet shopping, their rights and what to do when things go wrong.  The Safe Internet Shopping campaign aims to address these needs.  It features a checklist of tips to help consumers shop safely online. 

http://www.consumerdirect.gov.uk/general/internet/fs_s01.shtml

Quality Schemes  -  The New Quality Schemes for Domestic Repair, Maintenance and Improvement

http://www.dti.gov.uk/construction/qualityschemes

Home Safety Network – The Home Safety Network was established to help reduce the high toll of serious home accidents in the UK.  It is intended to help inform safety professionals and the public of the hazards and provide a means for safety professionals to network.

http://www.dti.gov.uk/homesafetynetwork/

Fair Market Group – Other business and consumer related information.

http://www.dti.gov.uk/affairs.htm

EUROPEAN DIRECTIVES INTO UK LAW

For information on individual European Directives and their transposition into UK law please follow the links below:

Commercial Agents (86/653 EC)

http://www.dti.gov.uk/ccp/topics1/business.htm#comm

Consumer Credit (90/88)

http://www.dti.gov.uk/ccp/topics1/consumer_finance.htm#cc

Distance Selling (97/7 EC)

http://www.dti.gov.uk/ccp/topics1/ecomm.htm

Doorstep Selling (85/577 EEC)

http://www.dti/gov.uk/ccp/topics1/selling.htm#doorstep

General product Safety (92/59 EEC)

http://www.dti/gov.uk/ccp/topics1/safety.htm#gpsr

Injunctions – Sales Promotions - Stop Now Orders (98/27 EC)

http://www.dti.gov.uk/ccp/topics1/business.htm#SND

Misleading and Comparative Advertising (84/450 EEC and 97/55 EC)

http://www.dti.gov.uk/ccp/topics1/adprice.htm

Product Liability (99/34 EEC)

http://www.dti.gov.uk/ccp/topics1/safety.htm#prod%20liability

Sale of Goods and Associated Guarantees (99/44/EC)

http://www.dti.gov.uk/ccp/topics1/saleandsupply.htm#directive

Sales Promotions (proposed Regulation)

http://www.dti.gov.uk/ccp/topics1/business.htm#salesprom

Package Travel

http://www.dti.gov.uk/ccp/topics1/holidays_travel.htm

Price Indications

http://www.dti.gov.uk/ccp/topics1/adprice.htm#priceinfo

Unfair Contract Terms (93/13 EEC)

http://www.dti.gov.uk/ccp/topics1/salesandsupply.htm#uct

THE UNITED STATES OF AMERICA

Major Consumer Protection Laws

The major laws that govern financial institutions and protect individuals in their financial dealings are:

Truth in Lending Act – requires a lender to tell you how much it will cost to borrow money so that you can compare the terms of credit offered by different lenders.

Fair Credit and Charge Card Disclosure Act – requires a lender offering you a credit card to tell you the annual percentage rate (APR), the amount of any annual fee, and whether you have a grace period to pay your bill before a finance charge is added.

Fair Credit Reporting Act – controls how your credit history (how you pay your bills) is kept by credit bureaus and used by lenders.

Equal Credit Opportunity Act – prohibits lenders from discriminating against you in a credit transaction on the basis of certain personal characteristics such as race, color, religion, national origin, sex, marital status, age, because you receive public assistance or because you’ve exercised your rights under the Consumer Credit Protection Act.

Fair Debt Collecting Practices Act – lays out the rules a debt collector must follow when trying to collect a debt from a consumer.

Home Equity Loan Consumer Protection Act – requires a lender to give you complete information about the home equity loan plan if offers – first when you receive an application and again before you first use the line of credit.

The Home Ownership and Equity Protection Act – requires disclosures and imposes substantive limitations on mortgage transactions having rates or fees above a certain percentage or amount.  It also requires disclosure about the potential costs for reverse mortgages.

Fair Housing Act – prohibits lenders from discriminating against you in real estate mortgage or home improvement loans on the basis of race, color, religion, national origin, sex, family status or handicap.

Real Estate Settlement Procedures Act – states that lenders must give purchasers information about the costs required to close a mortgage loan.  It also protects consumers from unnecessarily high real estate settlement costs by prohibiting certain business practices.  This applies when you take out or refinance a loan secured by real estate such as a mortgage loan or a home equity loan.

Fair Credit Billing Act – requires that a lender promptly correct a mistake on your credit card bill.

Expedited Funds Availability Act – limits how long a bank may delay your use of the funds you deposit in an account.

Truth in Savings Act – requires lenders to disclose the terms of their deposit accounts in a uniform way.

Electronic Fund Transfer Act – limits an individual’s liability if their ATM card is lost or stolen and calls for investigation and correction of errors made to your account.

Consumer Leasing Act – requires the costs and the terms of a consumer lease, such as a lease for a car or for furniture, be outlined to you so that you can compare the cost of leasing.

Some important links:

Consumer Education

http://www.htc.gov/bcp/menu-prod.htm

Consumer Handbook to Credit Protection Laws

http://www.federalreserve.gov/pubs/consumerhdbk/

Consumer Protection Information

http://www.ftc.gov/ftc/consumer.htm

Consumer Protection Laws

http://www.federalreserve.gov/pubs/complaints/complain2.htm#laws

How to Defend Against Frauds

http://www.fdic.gov/consumers/consumer/news/cnspr03/index.html

How to Spot Health Fraud

http://www.fda.gov/fdac/features/1999/699_fraud.html

Complaints

http://www.rnl.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Consumer Financial Rights

http://www.fdic.gov/consumers/consumer/rights/index.html

AID TO BUSINESS
FLOOR 1
GOING INTO BUSINESS?
STARTING A BUSINESS
ESSENTIAL TO STARTING
SELECTING A COMPANY STRUCTURE
FLOOR 2
BOOKS AND ACCOUNTS
NEW PRODUCTS & SERVICES
DEFINING PRODUCT AND COMPANY
FROM PRICING TO TRADE SHOWS
FLOOR 3
MARKETS & MARKETING
MARKETING CHANNELS
E-COMMERCE
MARKETING YOUR WEBSITE
FLOOR 4
CREATING A BUSINESS PLAN
FINANCIAL PAGES
ANALYZING COMPANY REPORTS
SECURING CAPITAL
FLOOR 5
CORPORATIONS AND THE LAW
PURCHASE OF AN ENTERPRISE
VALUATION PRINCIPLES
VALUATION OF FINANCIALS
FLOOR 6
LAND & PROPERTY ISSUES
PROPERTY TRUSTS
CONTRACTS AND LETTER OF INTENT
GLOSSARY OF LAND & PROPERTY TERMS
FLOOR 7
OPERATION OF A BUSINESS
HEALTH & SAFETY
STOCK AND INVENTORY CONTROL
TRANSPORTATION
FLOOR 8
CONSUMER PROTECTION
ENVIRONMENT, HEALTH AND SAFETY TERMINOLOGY
POLLUTION, EFFLUENT & WASTE MANAGEMENT
REGULATORY BODIES
FLOOR 9
EMPLOYING PEOPLE
RESPONSIBILITIES OF AN EMPLOYER
EMPLOYMENT STATUS
THE EMPLOYER/LABOR AND THE LAW
FLOOR 10
GROWTH AND EXPANSION
JOINT VENTURE AGREEMENT
PARTNERSHIP AGREEMENT
CONFIDENTIALTY AGREEMENT
FLOOR 11
ACQUISITIONS & MERGERS
SALE OR LIQUIDATION
AGREEMENT TO SELL BUSINESS
BILL OF SALE OF BUSINESS
FLOOR 12
COPYRIGHTS AND PATENTS
TAX OVERVIEW
GLOSSARY OF BUSINESS TERMINOLOGY 1
GLOSSARY OF BUSINESS TERMINOLOGY 2

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