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Consumer Protection Laws in Corporate Context
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Flashcards
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Cooling-Off Rule
This rule allows consumers to cancel certain sales transactions within three days for a full refund, particularly those that occur in places other than a company's regular place of business. Companies should clearly inform customers of this right and understand the regulations guiding cancellation periods.
Truth in Lending Act (TILA)
TILA requires companies to provide consumers with clear and conspicuous disclosures about the cost of credit and terms before they are charged. Corporate considerations involve ensuring all credit terms are transparent and documentation is compliant with the Act.
Fair Debt Collection Practices Act (FDCPA)
The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. Corporations must train their collections teams on what constitutes legal collection practices and monitor communications for compliance.
Lemon Laws
Lemon Laws protect consumers from defective new vehicles that fail to meet performance and quality standards. Corporations should track and address warranty claims efficiently and engineer products to avoid defects.
Consumer Product Safety Act (CPSA)
The CPSA regulates the sale of potentially hazardous products and can lead to mandatory product recalls. Companies must implement strict quality control, comply with safety standards, and be prepared for potential recalls.
General Data Protection Regulation (GDPR)
GDPR governs the privacy and protection of personal data in the EU. Companies dealing with EU citizens' data must ensure compliance by implementing robust data protection measures and be transparent about data usage.
Equal Credit Opportunity Act (ECOA)
ECOA prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or because someone receives public assistance, in any aspect of a credit transaction. Corporations need to ensure all lending policies and practices are non-discriminatory.
Magnuson-Moss Warranty Act
This Act governs consumer product warranties and requires that warranties be available for consumers to read before purchasing. Corporations must be clear and transparent about warranty terms and ensure they're easily accessible to consumers.
Children's Online Privacy Protection Act (COPPA)
COPPA imposes requirements on operators of websites or online services directed towards children under 13 to protect their personal information. Corporations must obtain parental consent for data collection and provide an option to opt-out.
Fair Credit Reporting Act (FCRA)
The FCRA promotes accuracy, fairness, and privacy of information in the files of consumer reporting agencies. Companies must adhere to guidelines when using consumer reports and ensure the information they furnish to credit bureaus is accurate.
Federal Food, Drug, and Cosmetic Act (FD&C Act)
This Act provides the legal framework for the FDA to oversee the safety of food, drugs, and cosmetics. Corporations in these industries must ensure their products are safe, properly labeled, and comply with FDA regulations.
Gramm-Leach-Bliley Act (GLBA)
The GLBA requires financial institutions to explain their information-sharing practices to their customers and to safeguard sensitive data. Banking and financial corporations must ensure customer data protection and clear communication of privacy policies.
Consumer Financial Protection Bureau (CFPB)
The CFPB enforces federal consumer financial laws and protects consumers in the financial marketplace. Corporations offering financial products must be compliant with CFPB regulations and responsive to consumer complaints.
Telephone Consumer Protection Act (TCPA)
The TCPA restricts telemarketing calls and the use of automated telephone equipment. Corporations should maintain an up-to-date Do-Not-Call list and obtain prior express written consent before making telemarketing calls.
Real Estate Settlement Procedures Act (RESPA)
RESPA ensures that consumers are provided with greater and more timely information on the nature and costs of the real estate settlement process and are protected from unnecessarily high settlement charges. Companies in real estate should ensure transparency and fair practices in settlement processes.
Fair Packaging and Labeling Act (FPLA)
The FPLA requires that products are labeled accurately to inform consumers about the quantity of contents and facilitate value comparisons. Companies must ensure that their product labels are clear, accurate, and comply with FPLA requirements.
The Dodd-Frank Wall Street Reform and Consumer Protection Act
This comprehensive piece of financial reform legislation aims to improve accountability and transparency in the financial system, including the creation of the CFPB. Financial institutions must navigate the robust regulatory changes and ensure they are meeting all compliance requirements.
Health Insurance Portability and Accountability Act (HIPAA)
HIPAA provides data privacy and security provisions for safeguarding medical information. Healthcare corporations must ensure patient data is protected and that they are compliant with all HIPAA requirements.
California Consumer Privacy Act (CCPA)
The CCPA provides California residents with the right to know what personal data is being collected about them and to refuse the sale of their personal data. Businesses operating in California must comply with this act and provide clear notices and opt-out mechanisms.
National Do Not Call Registry
Managed by the Federal Trade Commission, the registry lets consumers opt out of receiving telemarketing calls. Companies must ensure their calling lists are updated against the DNC registry and refrain from calling the numbers on it.
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