Do you need a crash course in consumer rights law? Well, let me put your mind at ease, as you don’t need to memorize every facet of consumer law.
Here is the truth: studying these laws on your own is a major hassle. To prevent ceaseless study time and legal stress, hire a consumer attorney instead.
They can tell you which federal and state laws apply to your case instantly. They can also handle the bulk of the legal work. Federal and state consumer laws can vary, and consumer protections aren’t a guarantee in many states.
This article will highlight consumer rights laws in more detail. Read on to learn how to fight back.
Federal Consumer Rights
The federal government has outlined eight basic consumer rights afforded to all Americans. Originally championed by President John F. Kennedy, the consumer rights movement fulfilled his vision in the form of eight basic tenants, such as:
- The right to information: Consumers have the right to make their own choices with accurate and truthful information.
- The right of choice: Consumers can choose from a variety of products at accessible prices.
- The right to petition: Consumers have the right to seek just compensation if they’re the victims of fraud, deception, or defective products.
- The right to thrive in a safe environment: Consumers have the right to work and dwell in safe surroundings.
- The right to access necessities: Consumers have access to such essentials as utilities, healthcare, housing, food, and clothing.
- The right to be listened to: Consumers have the right to voice their input pertaining to public policy and products/services.
- The right to knowledge: Consumers have the right to learn about their consumer rights and make informed decisions based on the unbridled truth.
- The right to protection: Consumers have the right to be free of harmful products or services that could diminish their quality of life.
If an organization violated any of your consumer rights, you can file a complaint through the Federal Trade Commission (FTC). In particular, file your claim with the FTC’s Bureau of Consumer Protection.
This agency keeps a record of all businesses engaging in unethical behavior. It will also sue individuals and companies and conduct full investigations.
- Example: If the agency receives a fraud complaint, officials will investigate accordingly and correspond with local law enforcement.
Conversely, you’ll need a consumer advocate attorney if a business violated your consumer rights. To get the representation you need, go here for more information.
State Consumer Protection Laws
Legal representation is necessary because consumer protection depends on your state residence. An attorney can educate you on the proper consumer laws in your state. That said, all states have some form of Unfair and Deceptive Acts and Practices (UDAP).
Sadly, some states have weaker UDAP protections than others. With Michigan and Rhode Island, for example, various court decisions have weakened UDAP statutes exponentially.
These protections have been whittled down to the point where UDAP provisions don’t apply to most consumer transactions. Additionally, Rhode Island is the only state in the union that doesn’t impose fines on businesses that engage in unethical practices.
In most cases, states will impose a penalty of anywhere between $1,000 to $50,000. In other states like Missouri and Tennessee, officials could impose negligible fines (i.e. $1,000).
Moreover, the following states have exempted creditor and lenders from UDAP laws:
- Virginia
- Nebraska
- Louisiana
- Ohio
- New Hampshire
- Florida
- Alabama
You may also encounter a scenario where the states impose various hurdles before you can proceed with a lawsuit. For example, California and Florida force consumers to go through a pre-lawsuit phase before proceeding with a lawsuit in certain cases.
Overall, Mississippi and Iowa have some of the weakest consumer protections in the country.
On the flip side, state governments have harsher penalties, such as high fines. Alaska, for example, may impose a $25,000 fine without the proof of committing an institutional malicious act.
Many other states will impose hefty fines, such as Arkansas, Delaware, Kansas, and Iowa. On the other hand, high fines don’t necessarily translate into strong enforcement mechanisms.
In many cases, consumers not only fight against businesses that committed harm but also against state laws and cumbersome restrictions that can impede their cases.
The Importance of a Consumer Rights Lawyers
As you can see, state and federal consumer protections are varied and complex. Hiring an attorney is the best way to protect yourself from malicious companies.
To know for certain which laws protect you, consult with an attorney specializing in consumer advocacy. Don’t hire general-practice attorneys, as they may know little about consumer protection laws.
Instead, a consumer rights attorney knows the ins and outs of federal and state consumer protections. As a result, you’ll have a higher chance of winning your case.
Above all, don’t hire an inexperienced lawyer who could fumble your case. Inexperienced attorneys may come cheap, but their lack of experience could cost you in the long run.
A seasoned attorney can tell you upfront if you have a case. Moreover, they can help you strategize and procure important evidence for your claim.
Consumer Rights Law
Consumer rights law comes in two forms: federal and state protections. Federal has a core set of standards, but state laws are less predictable.
Since the states have different consumer laws, it can be hard to determine how to proceed with a case. Therefore, hire an attorney familiar with state and federal consumer laws.
Interested in reading more? Read more on our blog to learn about other law topics.
