HALCYON DAYS AND PROFESSIONALISM

CONSUMER SAFETY-1

2015-10-09T03:08:00.004-07:00

KNOW YOUR RIGHTS AS A CONSUMER

After an eventful day’s shopping on a Saturday, you return home dog-tired and thirsting for that glass of cool water. Inwardly you are happy, because you got what you wanted, even though it took visits to several malls and shops to tick off each item on your carefully prepared list. After a short while you invite whoever is at home to come take a look, anticipating gasps of delight and ego-lifting plaudits. Halfway through you come across a defective dress. Aw shucks! Now where did you put that bill of sale? A little bit of a scrimmage and you find every bill except the relevant scrap of printed paper. “Ah, there it is,” you say to yourself, as you finally locate it. An inglorious ending to an otherwise brilliant day.

You’re no longer looking forward to raising a toast. You will have to exchange that bad piece. What a waste of good time that will be−“However did I get myself into this mess?” you ask yourself. Next Saturday, you go back to return that faulty piece, but the salesperson turns over the bill and shows you the fine print, which is worded against you. You should have returned that piece before leaving the store, or at least that same day. The Complaints Cell Manager repeats those very same words and the shop simply dismisses your complaint? “Good grief, this can’t happen to me,” you think while cursing both your luck and the store for money and time wasted. Curse yourself doubly, short of pulling your hair, because you’re in the clear and you only needed to educate the staff− particularly those at the Complaints Cell− that you were covered and well within your rights to demand an exchange.

Now imagine yourself walking down the high street, this time covered in a glistening suit of Consumer Rights Armor. These are the inalienable rights of a consumer under consumer protection laws that are designed to ensure fair competition and the availability of truthful information in the market place. So why should consumers be protected? And by whom? We’ll get to the answers anon.

Consumers make innumerable choices everyday encompassing a wide variety of products and services. Today, the USA has a large buyer’s market and consumers have the liberty of an enormous variety of choices with regard to the products or services they want. But along with this freedom of choice, the consumer needs to be aware of the increasing threat of being exploited or cheated through:

· Catchy and misleading advertisements.

· Promises of attractive prizes or discounts in the garb of promotional offers.

· Luring innocent consumers into buying products and services sans adequate information.

Under such circumstances, it is essential for consumers to be protected by keeping them updated about their rights, the prevalent laws and developing the skills to question and gain information to make informed choices. The Consumer Product Safety Act (CPSA) was enacted in 1972 by the United States Congress. The act established the United States Consumer Product Safety Commission (CPSC) as an independent agency of the United States federal government and defined its basic authority and area of control. Associated byelaws give the consumer many rights, most of which he is unaware of.

President Kennedy presented a draft of the Consumer Bill of Rights in a speech to Congress on March 15, 1962 (ibid), wherein he extolled four basic rights of consumers: The Right to Safety, Information, Choice and to be Heard. These were accepted and formally called the Consumer Bill of Rights.

Right to Safety

The act gives CPSC the power to develop safety standards and pursue recalls for products that present unreasonable or substantial risks of injury or death to consumers. It also allows CPSC to ban a product if there is no feasible alternative. CPSC has jurisdiction over more than 15,000 different products. The CPSA excludes from CPSC's jurisdiction those products that expressly lie in another federal agency's jurisdiction, for example food, drugs, cosmetics, medical devices, tobacco products, firearms and ammunition, motor vehicles, pesticides, aircraft, and boats. These products may fall under the purview of agencies such as the U.S. Food and Drug Administration, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Agriculture, the U.S. Department of Transportation, the U.S. Environment Protection Agency, the U.S. Federal Aviation Administration, and the U.S. Coast Guard.

Right to Information

This consumer right is defined as the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices in the Consumer Product Safety Act of 1972 as effectual under the Consumer Product Safety Improvement Act of 2008. This right ensures that all consumable products are labeled in a standard manner which contains the cost, the ingredients, quantity, and instructions on how to safely consume the product. Some of the legislation which was made because of the assertion of this right include the following:

· Fair Packaging and Labeling Act (US)

· Wholesome Meat Act

· Truth in Lending Act

· The 1975 Magnuson–Moss Warranty Act, a complex US federal law, glossed over later in this essay.

Right to Choose

The Act defines this right as the right to be assured, wherever possible, to have access to a variety of goods and services at competitive prices. The right to free choice among product offerings states that consumers should have a variety of options provided by different companies from which to choose. The federal government has taken many steps to ensure the availability of a healthy environment open to competition through legislation including limits on concept ownership through patent law, prevention of monopolistic business practices through anti-trust legislation, and the outlaw of price cutting and gouging.

Right to be Heard

According to the Consumer Product Safety Act, the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums is referred to as the right to be heard. This right is supposed to empower consumers to fearlessly voice their complaints and concerns against products and companies to ensure their issues are handled efficiently, responsively and expeditiously. While no federal agency is tasked with the specific duty of providing a forum for this interaction between consumer and producer, certain outlets exist to aid consumers if difficulty occurs in communication with an aggrieving party. State and federal attorney generals are equipped to aid their constituents in dealing with parties who have provided a product or service in a manner unsatisfactory to the consumer in violation of an applicable law. Also, the Better Business Bureau is a national non-governmental organization whose sole agenda is to provide political lobbies and action on behalf of aggrieved consumers.

Expansion to Eight Rights

In 1985, the concept of consumer rights was endorsed by the United Nations through the United Nations Guidelines for Consumer Protection, which expanded them to include eight basic rights. These were implemented by most advanced member countries immediately, but were enacted a bit less proactively by upcoming countries, though most of them have got there, or almost there.

Right to Redressal

The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers is construed as the right to redressal in the Consumer Product Safety Act of 1972. It provides for consumers to receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods, or unsatisfactory services. For example, a consumer should be able to go to consumer court against mobile phone companies that put hidden charges on the bill that were not previously explained, or activate ringtones without the consumer's permission.

Right to a Healthy Environment

The right to a healthy environment implies invocation of the right to live in an environment that will enhance the quality of life and is safe for the well being of the present and future generations.

Right to Satisfaction of Basic Needs

This right demands that people have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water, and sanitation.

Right to Consumer Education

The right to consumer education states that consumers should be able to acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.

The 1972 Consumer Product Safety Act (Codified at 15 U.S.C. §§ 2051−2089) was last reprinted on August 12, 2011. This Act incorporates amendments made, or relevant provisions enacted, by the Consumer Product Safety Commission Improvements Act since 1976 up to Public Law 112-28 2011.

Compare your rights in the USA vis-à-vis those of a resident of Ontario, just across the border. In Ontario, Canada, consumer’s rights as a are set out by the Consumer Protection Act (CPA) and other consumer protection legislation that cover the most common consumer transactions. The first step before you can file a complaint with the business or with the ministry is to review your rights if you feel that you’ve been wronged by a business.

Cooling-off period

You have a cooling-off period when you sign contracts:

For a product or service you buy from a door-to-door salesperson (also called a direct agreement).
To pay in advance to join a fitness club or gym (also called a personal development contracts).
To buy a newly-built condo (under the Condominium Act).
To get a payday loan (under the Payday Loans Act).
To purchase a time share.

You can cancel the contract anytime within the cooling-off period by writing a cancellation letter to the business. Any agreements you made with the purchase, like financing plans, will also be cancelled.

You don’t need to give the business a reason for cancelling. For most contracts, the company has 15 days to return your money. For payday loans, the company has to give you a refund within 2 days. If the contract was for a product, they are responsible for picking up the product or paying for it to be picked up if they want it back.

Misrepresentation

It’s illegal for the business or individual to give you false information about themselves or the product or service they offer. Some examples of misrepresentation include:

claiming that they have licenses, accreditation or certification when they don’t
showing fake safety certification or accreditation for an item
stating that the product is a certain grade, style, model, or quality when it isn’t
promising to deliver a service or product when they know or should know that it’s not possible
recommending unnecessary repairs or replacements to items

If you have a contract with a business or individual that has misrepresented their product or service, you can withdraw from the contract within one year.

Delivery of goods

Under the Consumer Protection Act, when you order a product, it must be delivered within 30 days of the promised delivery date or you can ask for a refund. However, if you choose to keep the item that was delivered late, you lose your right to get a refund for it. You also can’t be charged for receiving an item or service that you did not request. You can use the item or throw it away.

Your rights under a contract

When you sign a contract with a business or individual to buy or lease products or services, the Consumer Protection Act protects you from unfair practices.

Remember to read and understand the terms and conditions before signing. Both in Canada and in the USA. And wherever you are in the world!

The Federal Trade Commission

Well before the CPSA, the US Government had taken cognizance of a U.S. economy characterized by vigorous competition among producers and consumer access to accurate information, yielding high-quality products at low prices and encouraging efficiency, innovation, and consumer choice. Under legislation sought by President Theodore Roosevelt, the Federal Trade Commission's predecessor, the Bureau of Corporations, was created on February 14, 1903. However, there seemed to be several lacunae that needed review, importantly so, with the ‘Negro’ population, as blacks were then called, growing out of bonded labor status. A reworked document, proposing an amended and more powerful agency to be named the Federal Trade Commission (FTC), reached the Presidential office in 1914.

President Woodrow Wilson signed the Federal Trade Commission Act into law on September 26, 1914, to come into effect on March 16, 1915. The FTC's mission is to protect consumers and promote competition. The FTC’s Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting complaints and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.

The Bureau has eight divisions, supplemented by eight regional offices — in Atlanta, Chicago, Cleveland, Dallas, Los Angeles, New York, San Francisco, and Seattle — that help to amplify its national impact and local presence, and allows it to respond better to the diversity of the U.S. marketplace.

Consumers International

Consumer protection is a global issue, and there were developments outside the USA to establish a common forum where other countries could get together and set up a clutch of acceptable practices in respect of consumer protection. Individual countries were advised to develop internally enforceable laws, based on their geography and historical customs while also contributing to a body parallel to the UN’s watchdog for consumer protection. It had to be a not-for-profit agency and registered charity.

International Organization of Consumers Unions: The International Organization of Consumers Unions (IOCU) was founded on 1 April 1960 by national consumer organizations and based in London, England. The original members recognized that they could build upon their individual strengths by working across national borders. The organization then rapidly grew and soon became established as the voice of the international consumer movement on issues such as product and food standards, health and patients’ rights, the environment and sustainable consumption, and the regulation of international trade and public utilities. Starting with just 34 unions from 14 countries, it snowballed rapidly to its present size of over 240 member organizations in 120 countries around the world and changed its name from International Organization of Consumers Unions to Consumers International (CI) in 1995.

Consumers International: Consumers International (CI) is the world federation of consumer groups that serves as the only independent and authoritative global voice for consumers. The agency strives to build a powerful global movement to empower and protect consumers everywhere. In campaigning for the rights of consumers across the world, CI seeks to hold corporations to account and acts as a global watchdog against any behavior that threatens, ignores or abuses the principles of consumer protection. CI is a not-for-profit company limited by guarantee and registered charity. It soon became established as the voice of the international consumer movement on issues such as: product and food standards, health and patients’ rights, the environment and sustainable consumption, and the regulation of international trade and public utilities.

Consumer Responsibilities

In the 1980s, CI led the call to also introduce a set of consumer responsibilities to compliment consumer rights. These remain crucial principles for many consumer rights organizations today:

o Critical awareness - consumers must be awakened to be more questioning about the provision of the quality of goods and services.

o Involvement or action - consumers must assert themselves and act to ensure that they get a fair deal.

o Social responsibility - consumers must act with social responsibility, with concern and sensitivity to the impact of their actions on other citizens, in particular, in relation to disadvantaged groups in the community and in relation to the economic and social realties prevailing.

o Ecological responsibility - there must be a heightened sensitivity to the impact of consumer decisions on the physical environment, which must be developed to a harmonious way, promoting conservation as the most critical factor in improving the real quality of life for the present and the future.

o Solidarity - the best and most effective action is through cooperative efforts through the formation of consumer/citizen groups who together can have the strength and influence to ensure that adequate attention is given to the consumer interest.

Consumer Protection in the UK

The system in the UK is very similar to that in the USA, except for terminology, sizes of establishments and EU-oriented areas of interest. Named the Office of Fair Trading (OFT) till its ambit was changed and it was merged with the Competition Commission, it was subsumed by the Competition and Markets Authority (CMA) on 1 April 2014, barring the consumer credit industry which was transferred to the new Financial Conduct Authority (FCA) on the same day. These mergers and renaming was at the instance of The Department for Business Innovation and Skills (BIS). BIS had been tasked with regulating fair trade with and within the EU, given that the British, Scots, North Irish and Welsh folk had a units and measurement system that differed substantially from the Metric System in use in the EU. Accordingly, BIS announced reforms to the UK consumer protection and competition regimes under the CMA.

The Office of Fair Trading was a not-for-profit and non-ministerial government department of the UK, established by the Fair Trading Act 1973, which enforced both consumer protection and competition law, acting as the UK's economic regulator. The OFT's goal was to make markets work well for consumers, ensuring vigorous competition between fair-dealing businesses and prohibiting unfair practices such as rogue trading, scams and cartels. Its role was modified and its powers changed with the Enterprise Act 2002 as times changed and matters evolved.

The United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 which came into force in June 2003, are the most important statutes for cases with a purely national dimension. However if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks:

§ Prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.

§ Banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal among others.

§ Supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing.

Enterprise Act 2002

The Enterprise Act 2002 covers a range of measures designed to enhance enterprise and builds on the progress made by the Competition Act 1998.

Key Facts

· The Enterprise Act 2002 contains measures that reform competition law, strengthen consumer protection and modernizes the insolvency regime.

· Some measures brought in by the Act involved personal insolvency (bankruptcy) reform and also reform of the Insolvency Service financial regime.

· The Act included provisions formally creating the Office of Fair Trading (OFT), the Competition Appeal Tribunal (CAT) and its supporting body the Competition Service.

The majority of the OFT’s work consisted of analyzing markets, enforcing consumer and competition law, merger control, licensing and supervisory work (of consumer credit, estate agency, anti-money-laundering supervision), advocacy, delivering information, education programs and campaigns to business and consumers. It investigated markets to see whether they were working well for consumers and customers. Where appropriate, studies led to market investigation references to the Competition Commission, under the Competition Act 1998, to enforce action, consumer awareness campaigns or to recommendations to government, which were published.

Competition Measures: The Enterprise Act 2002

Some of the competition measures introduced are:

· The 'substantial lessening of competition' test to replace previous wider public interest test.

· Consumer bodies able to make complaints (known as 'supercomplaints') as a representative body to the Office of Fair Trading about markets that are not working well for consumers.

· Greater opportunities for victims of anti-competitive behavior to gain redress.

· Enhanced consumer protection measures:

o Extending the Enforcement Orders regime (Stop Now Orders) to protect consumers from traders who do not meet their legal obligations.

o Introduction of a number of important reforms, which are designed to crack down on abuses that harm customers and fair-trading businesses alike and thus encourage productivity and enterprise.

· Consumer codes approval scheme:

o Raise consumer service standards through the approval and promotion of self-regulatory business-to-consumer codes of practice.

o Promote consumer interests by setting out the principles of effective customer service.

o Identify trusted traders - through the right to display the TSI Approved code logo that consumers can trust (ibid).

Consumer Rights Act 2015

The Consumer Rights Act 2015 will come into effect on 01 October 2015 will amend the Enterprise Act 2002 to widen the scope of measures that an enforcer can apply for in the civil courts. Rather than being constrained to seeking an order to stop certain practices, the new Enhanced Consumer Measures will allow a much wider range of measures and enable the enforcer to consider on a case by case basis the best way of dealing with a breach of the law. For example, enforcers will be able to seek an order for a business to pay consumers redress, change their practices to stop a repeat of the breach and/or put measures in place to increase consumer choice.

The Equality and Human Rights Commission Complaints Policy and Procedure

Where it is decided, following investigation of a complaint, that a complainant has suffered an injustice and or hardship resulting in direct or indirect financial loss due to maladministration, we will determine whether compensation is an appropriate remedy by looking at all the evidence, including how much the complainant can demonstrate they have lost, or what extra costs they have incurred as a result of the said maladministration.

The UK’s Equality and Human Rights Commission has published a pamphlet in which they elucidate their mandate, whereby Parliament gave the Commission the fiat to challenge discrimination, and to protect and promote human rights. The Commission covers Great Britain i.e., England, Scotland and Wales, but not Northern Ireland. They have offices in London, Manchester, Cardiff, Glasgow and Edinburgh, and a regional presence in 9 offices in England and 1 in North Wales. A complaint is clearly defined, as is the procedure to follow while handling the complaint, the confidentiality involved, redressal till the complainant is satisfied, remedies, compensation, etc.

Consumer Rights Down Under

The consumer is as well protected in Australia as in any advanced or evolving country. The Act runs into hundreds, if not thousands of pages, in almost all countries. Of all national websites, Australia’s is the most articulate, sequential and easy to understand.

The Australian Office of Regulatory Services (ORS) is now one separate section of a new agency called Access Canberra. As part of the transformation, a new Access Canberra website has been created. All relevant information is being moved from the ORS website onto the new Access Canberra website, with links provided as necessary. The dropdown menu is vast, comprehensive, and most importantly, all contents are couched in simple layman’s language.

When considering buying a motor vehicle, shopping around and being informed is important and may well save you money later. It is beneficial to investigate ongoing costs such as credit repayments, insurance, spare parts, servicing and petrol usage, which vary greatly.

If you need to borrow money, it is also advisable to shop around for the best loan terms. Credit charges can significantly increase the cost of a motor vehicle. If you do need to borrow money but are unsure whether the loan will be approved, ensure the seller writes 'Subject to finance satisfactory to the buyer' on the receipt when you pay a deposit. This means if the loan is not approved you are not obligated to purchase the vehicle.

Every contingency is considered, till finally rounding off with basic tips:

· Determine your needs.

· Determine your budget.

· Shop around for a motor vehicle that best meets your needs and budget.

· Check insurance costs.

· Check spare parts costs.

· Do not sign anything till you decide that the motor vehicle is definitely what you want and can afford.

· Ask specific questions about the history and condition if purchasing a used motor vehicle.

· Ask the seller to put any promises in writing.

· Read all documents thoroughly before you sign them.

· Be sure you understand all documents or ask for clarification if you do not.

· Do not sign any blank or incomplete documents.

· If you leave a deposit ensure it is subject to any conditions you require.

· Have a qualified motor mechanic inspect the motor vehicle and obtain a written report.

· Think very carefully before you sign a cooling off period waiver.

· Get a receipt for any money you pay which identifies the business, or if privately purchased, the legal owner of the motor vehicle.

The first Access Canberra Service Centre is now open at the new ACT Government office block in Gungahlin. The Centre offers over 200 ACT Government services and transactions in the one location, including a number of services currently provided at the shopfront in Fyshwick. Additional services will be gradually rolled out in other ACT Government shopfronts, while also becoming available online. Its simplicity ensures that there is no ambiguity or scope for misunderstanding, e.g., in the case of Buying a Motor Vehicle, the advice proffered is straightforward and simple to follow.

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CONSUMER SAFETY-2

2015-10-09T02:55:00.001-07:00

KNOW YOUR RIGHTS

Complaints Policy

If you run an organization for profit, even if it is small and has minimum staff, plus only one or two non-managerial errand boys, you must develop a transparent Complaints Policy and Procedure.

Why Have a Complaints Policy and Procedure?

UK’s Charity Commission report ‘Cause for Complaint’ states: ‘an effective complaints management system is a proven way of maintaining and building relationships with the people on whom the charity depends.’ This is replicated in their lengthy but thorough 64 page .pdf on Cause for Complaint?

Handling complaints well:

· Demonstrates your commitment to your clients and other stakeholders.

· Demonstrates your commitment to providing the best possible service.

· Helps you to find out about things that have gone wrong so you can fix them.

· Helps you to prevent things going wrong again in future.

You may not have a permanent office, so you should consider carefully what address you give out for written complaints – for example, a PO Box rather than a personal address. You may also need to think about when and how people may make complaints in person. Whatever your organization does, and however it works, flexibility in handling complaints is essential so do not make your procedure too rigid. An excellent guide is available online. The Australian Council For International Development (ACFID), the peak Council for Australian not-for-profit aid and development organizations working to attain a world where gross inequality and extreme poverty are eradicated, has also put a template for slightly bigger organizations online. The Equal Opportunity Commission of the Government of South Australia has a simplified and shorter guide available.

Further south, New Zealand is also working on the same lines. They also lay stress on developing a complaints policy and discuss:

· How to develop a good complaints policy

· Your legal obligations

· How important the problem is to the customer

· Who should handle complaints

· The need to train staff

· Encourage complaints and

· An example of a customer complaint record−form

South Africa is no exception, but is just emerging from under the microscope, since apartheid was lifted only in April 1994. The procedure for dealing with consumer complaints was formulated by the ruling Government as late as 2008 and legislature approved the next year. Until then, Consumer Protection had remained largely unregulated with scattered and fragmented pieces of legislation, which resulted in a lack of basic Consumer Rights, an inadequate Consumer Voice and continuous exploitation of Consumers. It took 14 years of internecine bickering to finally reach a status that was acceptable to all. The end result was a Consumer Protection Act that is similar to almost every country’s Consumer Protection Act, perhaps a mite more circumspect.

The South African Consumer Protection Act (CPA) was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognized consumer rights. The Consumer Protection Act defines a consumer as any person to whom goods and services are marketed, who is a user of the supplier’s goods, enters into a transaction with the supplier or service provider of any services and products.

As a South African consumer you have certain rights. You must know your rights and consumers should be aware that they are entitled to enforce their rights (ibid). The CPA and the associated Bill of Rights allow consumer certain rights and these include the following:

o Right to privacy.

o Right to choose your product.

o Right to fair and honest dealing.

o Right to disclosure of information.

o Right to fair and responsible marketing.

o Right to accountability by suppliers.

o Right to fair value, good quality and safety.

o Right to fair, just and reasonable terms and conditions.

o Right to Equality in the consumer market and protection against discriminatory marketing.

Privacy Policy

In the late 60’s, technology started to infringe the most sacrosanct human right, the right to privacy. It had become possible to recognize new threats posed by computer technology that could link and transmit data clandestinely, in ways not widely available before, apart from leaving no trace. At the persistence of the Swiss, the Organization for Economic Co-operation and Development (OECD) studied the implications of personal information leaving the country. All this led lawmakers to recommend that policy be developed to protect personal data held by both the private and public sectors. It took more than a decade for the introduction of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. Switzerland strengthened the right to privacy as guaranteed in their Federal Constitution. Amongst the earliest privacy laws ever enacted was the Swedish Data Act in 1973, followed by the West German Data Protection Act in 1977 and the French Law on Informatics, Data Banks and Freedoms in 1978.

A privacy policy is a document that explains how an organization handles any customer, client or employee information gathered in its operations. It fulfills a legal requirement to protect a customer or client's privacy. Personal information can be anything that can be used to identify an individual, not limited to but including name, address, date of birth, marital status, contact information, ID issue and expiry date, financial records, credit information, medical history, travel data, and intentions to acquire goods and services. In a business it is often a statement that declares a party's policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises.

The exact contents of a privacy policy will depend upon the applicable law and may need to address requirements across geographical boundaries and legal jurisdictions. Most countries have their own legislation and guidelines of who is covered, what information can be collected, and what it can be used for. In general, data protection laws in Europe cover the private sector as well as the public sector. Their privacy laws apply not only to government operations but also to private enterprises and commercial transactions (ibid).

Trust Factors in Privacy Framework Enabled Socio-Technical Systems: A key part of efforts to improve consumer confidence to ensure the growth of electronic interaction requires a balance and promotion of effective information privacy protection. The idea of a Socio-Technical System (STS) enabled by a Privacy framework to provide better privacy protection is often the focus of several privacy researchers. Socio-Technical systems (STS) in organizational development is an approach to complex organizational work design that recognizes the interaction between people and technology in workplaces. One example of an STS is online collaborative tools, where people may interact with each other, share information, exchange digital files, and collaborate. However, in each different use, the technology is embedded in a complex set of other technologies, physical surroundings, people, procedures, etc.

Privacy Framework enabled websites act as an important tool in encouraging the development of appropriate information privacy protections. In addition, they provide a better way for individuals to retain a measure of control over their personal information. However, an end user is more concerned with the effective implementation of privacy policies by the service providers as presented in their privacy policies.

Most websites make their privacy policies available to site visitors. A privacy page should specify any personally identifiable information that is gathered, such as name, address and credit card number, as well as other things like order history, browsing habits, uploads and downloads. The policy should also clarify their stand on data left on a user’s computer, such as cookies. According to best practices, the policy should disclose if data may be shared with or sold to third parties and if so, what the purpose is.

There is no consensus as to whether or not privacy policies are legally binding and no consistency in enforcement. In the United States, the Federal Trade Commission (FTC) promotes enforcement of existing laws and industry self-regulation. For the FTC, data breaches are not sufficient for legal action if there is no loss of money associated with the breach, a hiatus FTC is in the process of rectifying.

FTC Fair Information Practice

The U.S. Federal Trade Commission's Fair Information Practice Principles (FIPPs) are guidelines that represent widely accepted concepts concerning fair information practice in an electronic marketplace. The core principles of privacy addressed by these principles are:

Ø Notice/Awareness. Consumers should be given notice of an entity's information practices before any personal information is collected from them. This requires that companies explicitly notify some or all of the following:

v Identification of the entity collecting the data;

v Identification of the uses to which the data will be put;

v Identification of any potential recipients of the data;

v Nature of the data collected and the means by which it is collected;

v Whether the provision of the requested data is voluntary or required;

v Steps taken by the data collector to ensure the confidentiality and integrity of the data.

Ø Choice/Consent. Choice and consent in an on-line information-gathering sense means giving consumers options to control how their data is used, in the 'opt-in' or 'opt-out models.' The 'opt-in' method requires that consumers affirmatively give permission for their data to be used for other purposes. The 'opt-out' method requires consumers to decline permission for other uses.

Ø Access/Participation. Access as defined in the Fair Information Practice Principles includes not only a consumer's ability to view the data collected, but also to verify and contest its accuracy.

Ø Integrity/Security. Information collectors should ensure that the data they collect is accurate and secure and encrypted to prevent third party access.

Ø Enforcement/Redress. Currently the FTC version of the Fair Information Principles are only recommendations for maintaining privacy-friendly, consumer-oriented data collection practices, and are not enforceable by law. The enforcement of and adherence to these principles is principally performed through self-regulation. The FTC has, however, undertaken efforts to evaluate industry self-regulation practices; provides guidance for industry in developing information practices, and uses its authority under the FTC Act to enforce promises made by corporations in their privacy policies (ibid). 2017 should see a more powerful FTC.

INFORMATION CONTROL IN THE USA AND EU

Information privacy or data protection laws prohibit the disclosure or misuse of information held on private individuals. Over 100 countries and independent territories have now adopted comprehensive data protection laws including nearly every country in Europe and many in Latin America and the Caribbean, Asia and Africa. The U.S. has not adopted a comprehensive information privacy law but enforces limited sectoral laws in some areas.

In Europe, there are strict rules about what companies can and can't do in terms of collecting, using, disclosing and storing personal information, and governments are pushing to make the regulations even stronger. That has prompted renewed debate about whether it is time for the U.S. to toughen its relatively lax privacy regulations.

The U.S.'s experiment with self-regulation has been a failure, say believers in Europe's approach to privacy. By trusting industry to police itself, the U.S. has created a situation where consumers have little control over personal data and few remedies when they find their privacy has been invaded.

Sensitive health information gleaned from the websites the public visits is collected and sold, GPS and cell-signal location tracking by the police is conducted without warrants, and online retailers target consumers for higher prices based on their web browsing histories. Industry self-regulation and options like privacy settings on social networks, web browsers and mobile apps have failed to keep up with advances in invasive tracking techniques. U.S. citizens’ limited legal rights don't come close to protecting them against online tracking and profiling.

In contrast to the U.S., the EU has a comprehensive set of legal rights to protect personal data. Every country in the EU has a statute establishing fair information practices for the collection, use, disclosure and storage of personal information, and has combined these rights with remedies for violations and the creation of an independent government agency for oversight. This European model has significant merits compared with the U.S. piecemeal approach.

Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The European Court of Human Rights has given this article a very broad interpretation in its jurisprudence. According to the Court, the collection of information by officials of the state about an individual without his consent always falls within the scope of Article 8. Thus, gathering data for an official census, placing fingerprints and photographs in a police register, collecting medical data or details of personal expenditures and implementing a system of personal identification has been judged to raise data privacy issues.

Citizens come first. Europe's system recognizes that privacy, regardless of context, is a core democratic value that must be safeguarded, not left to market forces. In the U.S., companies reveal only what they want about their data practices, privacy notices are largely incomprehensible and companies can rewrite their policies after collecting your data.

In Europe, market bias is corrected. Stricter privacy laws don't stifle innovation or prevent online companies from sending targeted offers to consumers. The consumers may or may not respond. Also, good business practice is incentivized. In a world where information has great value, it is common sense and good business practice for organizations to know what personal information they hold, to control its processing and to ensure information is being used fairly.

Redress is available. In Europe, individuals can take action when their privacy is violated. In the U.S., remedies exist only in targeted areas, e.g., breach of doctor-patient confidentiality. Independent oversight is provided. Dr Milton Friedman answers the query: Who Protects the Customer?

In addition, the flow of information is guaranteed. Most countries, including Canada have taken the EU approach, isolating the USA from vital data inputs. In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) took effect on 1 January 2001, applicable to private bodies which are federally regulated. All other organizations were included on 1 January 2004. The PIPEDA brings Canada into compliance with EU data protection law.

Data Protection in the US

Unlike the EU, the U.S. does not have a single overarching privacy law. On a federal level, the United States maintains a sectoral approach towards data protection legislation where certain industries are covered and others are not. At a state level, most states have enacted some form of privacy legislation. There are three broad-based cases that lend themselves to discussion:

1. Health Insurance Portability and Accountability Act (HIPPA)

The aim of the HIPPA is to ensure protection for individually identifiable health data.

2. Fair and Accurate Credit Transaction Act (FACTA)

The aim of FACTA is to help protect consumers’ credit information from the risks related to data theft. Pursuant to FACTA, credit card and debit card receipts, with the exception of handwritten receipts, should not list more than the last five digits of the card number. It should be also noted that, under FACTA, a person making a request for a credit report has the right to request that the first five digits of his Social Security number not be included on the file.

3. Children’s Online Privacy Protection Act (COPPA)

The aim of COPPA is to protect the privacy of children under the age of 13.

Why a Privacy Policy is Essential

People are flabbergasted when lawyers take 3,000 words to say what they would say in 300 and a handshake. In actuality, that handshake is a symbol of 2,700 words of tacit agreement. Most disputes arise when there is a misunderstanding about an unspoken assumption, a plethora of which is what a lawyer puts down in writing, taking 2,700 words!

The elegant telephone is exceedingly easy to use, but worthless without the robust and extremely complex infrastructure and technology supporting telephony and networking. Consumers pay telephone companies to worry about the millions of miles of copper and fiber, routers, substations and central offices. The infrastructure isn’t a necessary evil, it’s just necessary.

Similarly, Privacy Policies aren’t a “necessary evil,” they’re just necessary in running a business. If your business has customers or employees, then you need to safeguard and use personal information. Your business must develop privacy practices unique to your business. Laws mandate that you protect personal information, but they rarely establish privacy practices. That’s why you need a privacy policy. Writing a privacy policy is a tall order because it must address the broad range of activities in which your company engages, yet be as simple to use as a telephone.

Privacy policies should cover online as well as offline uses of personal information, because each use carries unique challenges:

· Does your privacy policy cover the information collected at point-of-sale, your iPhone app, online store, and through PayPal?

· Do you collect or share purchase history, preferences, and demographic information with employees, other people, users, or other companies?

· Does your company have employees? If yes, how do you protect and store health, financial, employment, and personnel information? How do you prevent identity theft?

· Do you accept online payments? Do your retail outlets comply with all industry standards? Do you store credit card information?

· Is your company into Social Networking? Do you collect data of followers and fans? How do you store collected data?

· Do you offer internet access to employees? Do you monitor their network activity?

· Are you aware about Federal and State Laws?

· If your company transfers information from the EU to the United States, do you comply with EU law or the EU “safe harbor” principles?

· Do you know about the Digital Millennium Copyright Act (DMCA)?

The list is endless. You need to safeguard yourself, i.e., you need a privacy policy. If you have customers or employees, you need to safeguard personal information. Privacy Policies are often required by law or regulation, but laws do not establish privacy practices. Privacy Policies do. You must comply with specific regulations if you have customers or employees in specific states or the EU, or if your servers (or the servers of a subcontractor) reside in the EU. Lastly, you must enforce COPPA.

Consumer Codes Approval Scheme

Chartered Trading Standards Institute (CTSI)

The CTSI is a professional membership association formed in England in 1881. Today, it represents trading standards professionals working in the UK and overseas - in local authorities, the business and consumer sectors and in the central government.

It exists to:

· Promote and protect the success of a modern vibrant economy, and

· Safeguard the health, safety and wellbeing of citizens by enhancing the professionalism of its members.

Trading standards services are delivered by your local authority and consumer concerns should be reported to the Citizens Advice consumer helpline on 03454 04 05 0. The CTSI is also responsible for the Consumer Codes Approval Scheme (CCAS).

What is the CCAS?

The CCAS is, in essence, facilitated self-regulation. It aims to bolster consumer protection and improve customer service standards by:

· The approval and promotion of codes of practice

· Setting out the principles of effective customer service

· Recognizing approved traders - look for the CTSI approved code logo

· Requiring traders to have robust alternative dispute resolution

CTSI is now in its third year of operation and continues to evolve and expand their network of Code Sponsors. The Codes scheme is managed by the Consumer Codes Approval Board (CCAB) operated by CTSI. The CCAS covers the whole of the United Kingdom.

CCAS Vision:

The scheme is designed to strike a balance between:

· The reduction of consumer detriment; for more transactions, by more consumers, in more circumstances.

· Being inclusive, independent, sustainable, visible, and well-understood.

Guiding principles:

The three main principles behind the proposed changes to the CCAS application process and core criteria are listed infra:

1. Consumers are at the heart of business. The approved codes must focus on raising consumer service standards and reducing consumer detriment. Code approval is the start not the end of the process. This is an ongoing commitment for code sponsors and their members.

2. The Consumer Codes Approval Scheme is inclusive. The scheme is open to all code sponsors who have a definable ‘membership’, be it by trade sector, geographical location or other definable trading sector or practice.

3. The focus is on the outcomes, not the process. The proposed changes to the application process, core criteria, and approval process aim to reduce the burden on businesses, by reducing the time and cost associated with compliance with the scheme, whilst still focusing on the key objectives of raising consumer service standards and reducing consumer detriment via a robust and valued code approval scheme.

The Rationale:

The role of approving consumer codes of practice - to give an official stamp of approval to any consumer facing organization that operates a voluntary code of practice for its members - was transferred from the Office of Fair Trading (OFT) to the Consumer Codes Approval Board (CCAB) on 1 April 2013. Now, consumers can look out for the TSI approved code logo when searching for a trader, and be confident that any approved business they choose has a proven commitment to honest business and higher customer standards.

To be an approved code sponsor means:

ü Being part of a robust, independent code approval scheme that inspires confidence of your members, potential members, policy-makers and, ultimately, consumers.

ü Embracing the opportunity to grow your membership base and increase market share, through a commitment to reducing consumer detriment.

ü You and your members can display the TSI approved code logo, which consumers can trust.

The business benefits are:

ü Displaying the TSI approved code logo will help you promote your business as one that

consumers can trust, giving you a commercial advantage over competitors.

ü Your business can - by adhering to an approved code – demonstrate a higher level of customer service and customer protection, such as a robust customer complaints procedure and clear pre-contractual information. This will help you to attract and retain customers.

ü Drive up customer standards within your sector and so raise overall consumer trust by being part of an approved code.

What is Different About the CCAS?

CTSI consulted other agencies and academia on proposed changes to the core codes criteria and came up with a few changes:

· Dealing with consumers in their own home

o For code members that engage in cold-calling, they must respect established no cold-calling zones, cold-calling control zones and unwanted caller stickers. The same standards will apply to business-to-business transactions carried out in the customer’s home as to business-to-consumer transactions.

· Criteria aimed at reducing consumer detriment

o CCAS strengthened some codes approval criteria to ensure approved codes of practice actively reduce consumer detriment. The criteria are also consistent with the Consumer Protection from Unfair Trading Regulations 2008 and a new European directive on alternative dispute resolution.

· Deposit and pre-payment protection

o CCAS broadened the range of acceptable evidence that code sponsors can rely on, to demonstrate that code members have adequate customer deposit protection in place. This means code sponsors can rely on insurance-backed deposit protection schemes, clearly setting out and limiting the maximum level of deposit protection available.

· Monitoring of codes members

o CCAS has retained the monitoring of codes requirement, so code sponsors are confident in their code performance and can continue to satisfy stakeholders that they are working properly to reduce consumer detriment. However, some of the monitoring requirements were previously set as arbitrary inspection figures. Thus, in future, we will invite code sponsors to identify the key performance indicators that are relevant to their space in the marketplace. These will need to cover:

§ Customer satisfaction

§ Complaint trends

§ Code compliance

§ Member audits

§ How the indicators have a significant impact on consumer detriment.

Code sponsors will need to monitor the above using statistical techniques to demonstrate a 95percent confidence level. This can be a complex area, but is well understood by researchers, statisticians, and economists.

· Providing eight weeks for informal resolution

o Code sponsors no longer need to provide a pre-alternative dispute resolution (ADR) conciliation service. We believe that sponsors and members should be given space to find the best informal solution to disputes. However, this will be time-limited to eight weeks, when the consumer can insist upon independent ADR.

· Strengthening ADR

o CCAS has strengthened the requirements for ADR to bring them into line with European law.

CCAS also planS to pre-approve at least two ADR providers, so that code sponsors can opt for a pre-approved scheme or set-up their own.

· Enforcement

o Each code sponsor will be required to establish an independent disciplinary and sanctions panel. This will ensure that any breach of a code of practice is dealt with as effectively, impartially, and quickly as possible. Code members will face robust sanctions for breaching the code. Codes of practice will be brought into disrepute if they fail to have appropriate sanctions in place.

o If code members can ignore their provisions without sanction, consumers and stakeholders will lose confidence in approved codes of practice.

· Scope

o CCAS has therefore decided that, as a matter of policy, the new scheme will be open to any eligible code of practice - even if there are other code sponsors already operating in that sector. However, CCAS will promote coherence for consumers within sectors where appropriate. CCAS expects healthy competition and, where appropriate, cooperation between code sponsors in the same or similar sectors. CCAS will not be providing any kind of exclusivity. To do otherwise would in their view run the risk of allowing restrictive practices that could limit consumer choice.

o Although their focus will remain on approval of sector specific schemes, CCAS will not exclude non-sector specific schemes - if they can demonstrate their code meets the approval criteria.

Nine industry codes currently exist, covering sectors such as the motor industry, solar power, mobility aids and debt, but areas which dominate consumer complaints and are likely to be added in the near future are double glazing, furniture and travel.

Follow @onoelo

CONSUMER SAFETY-3

2015-10-09T02:52:00.001-07:00

KNOW YOUR RIGHTS

Safe Internet Shopping

Brand-i is a shopping directory that only lists webstores selling genuine products. You can use the directory to help find popular designer or branded clothing, perfume, shoes, music, sunglasses, etc. You can trust the listed online stores as they have been provided with the consent of the brands themselves. Brand-i is an independent directory, but is supported by the CTSI, so you know it's a reliable source of information. Brand-i can also be used to report suspicious webstores by clicking on the Report a Site button on the website.

Symbols to guide you to safer online shopping:

1. Padlock or unbroken key icon. These show that the site is enabled and encrypted for online safety. Encryption is a data-scrambling technology that keeps crooks from stealing your personal financial information.

2. https: An 'https:' starts the web address when you check out. Make sure that 'https: -- not just an 'http: − begins the webpage address at the top of your screen before you key in your credit card information at checkout. That final 's' means that a secure, encrypted connection is in place between your computer’s browser and the website you’re visiting.

3. VeriSign Trust Seal. The VeriSign Trust Seal means that VeriSign has verified a website company’s identity.

4. Trusted Shops scheme. Trusted Shops certifies online shops by carefully checking them against a set of quality criteria before they can qualify for displaying the European Trustmark.

Shopping Across European Borders

Free pre-shopping advice: The European Consumer Centre for Services, hosted by CTSI, is a website and telephone service providing free pre-shopping advice which has been set up to assist consumers to make informed choices when looking to buy services across Europe and therefore be more confident and find it easier to choose a new and unfamiliar service provider. The European Consumer Centre for Services provides general information on consumer laws and rights when buying a service in another EU member state, as well as contact details for organizations that could provide practical assistance in the case of a dispute.

Help with cross border disputes: The UK European Consumer Center offers free and impartial advice and assistance in cross-border European disputes between consumers and traders. This center is part of an EU-wide network of 30 European Consumer Centers (ECC-Net) that offer consumer help and advice:

· Advice and information for UK consumers that are having problems with a company based in another European country;

· Intervention in disputes where the consumer and trader are unable to reach a positive outcome.

The UK European Consumer Centre is co-funded by the UK Government's Department for Business, Innovation and Skills (BIS) and the European Commission. There is a European Consumer Centre in every EU country as well as in Norway and Iceland, so you can get help and advice at home for problems that occurred abroad.

Ethical and Fair Trade Labeling

The currently accepted definition of Fair Trade is as follows: “Fair Trade is a trading partnership, based on dialogue, transparency and respect, that seeks greater equity in international trade. It contributes to sustainable development by offering better trading conditions to, and securing the rights of, marginalized producers and workers – especially in underdeveloped countries. Fair Trade Organizations, backed by consumers, are engaged actively in supporting producers, awareness raising and in campaigning for changes in the rules and practice of conventional international trade.”

Fair Trade products are produced and traded in accordance with these principles – wherever possible verified by credible, independent assurance systems. While this raison d’être underlies all Fair Trade initiatives, it is expressed in a diverse range of practical activities and programs in order to respond better to the particular needs and circumstances of the people targeted by each initiative. Clearly one mode of operation cannot address all the problems experienced in different product sectors (from coffee to crafts), geographic locations (from Albania to Zimbabwe) or stages of production (from farmer to factory worker).

Fair Trade therefore aims to be consistent at the level of principles and values but flexible at the level of implementation and this presents challenges in defining the concept in practical and concrete processes that can be applied universally (ibid). However, understanding of the underlying principles of Fair Trade is crucial, as adoption of processes in isolation from those principles, risks losing an important element of the overall philosophy that has been developed through experience and dialogue by Fair Trade Organizations over many years. This is analogous to trends in the field of wider corporate social responsibility, where there is increasing acceptance that effective compliance requires genuine commitment. In Fair Trade, it is unquestionable that effectiveness is enhanced not just through what an organization does, but also why and how they do it.

Fair Trade is thus a social movement whose stated goal is to help producers in developing countries achieve better trading conditions and to promote sustainability. Members of the movement advocate the payment of higher prices to exporters, as well as higher social and environmental standards. The movement focuses in particular on commodities, or products which are typically exported from developing countries to developed countries, but also consumed in domestic markets (e.g., Brazil and India) most notably handicrafts, coffee, cocoa, sugar, tea, bananas, honey, cotton, wine, fresh fruit, chocolate, flowers, gold, and 3D printer filament. The movement seeks to promote greater equity in international trading partnerships through dialogue, transparency, and respect. It promotes sustainable development by offering better trading conditions to, and securing the rights of, marginalized producers and workers in developing countries.

Fair Trade labeling organizations most commonly use a definition of fair trade developed by FINE, an informal association of four international fair trade networks — Fairtrade Labeling Organizations International (FLO), now known as Fairtrade International ; World Fair Trade Organization (WFTO); Network of European Worldshops and European Fair Trade Association (EFTA) — Fair trade is a trading partnership, based on dialogue, transparency, and respect, that seeks greater equity in international trade. Fair trade organizations, backed by consumers, are engaged actively in supporting producers, raising awareness, and in campaigning for changes in the rules and practice of conventional international trade. In 2008, Fairtrade International certified approximately (€3.4bn) of products.

There are several recognized Fair Trade certifiers, including Fair Trade International, IMO and Eco-Social. Fair Trade USA, formerly a licensing agency for the Fair Trade International label, broke away from the system in 1998 and is implementing its own fair trade labeling scheme, which has resulted in controversy due to its inclusion of independent smallholders and estates for all crops.

World Fair Trade Organization (formerly the International Fair Trade Association) is a global association created in 1989 of fair trade producer cooperatives and associations, export marketing companies, importers, retailers, national, and regional fair trade networks and fair trade support organizations. In 2004 WFTO launched the FTO Mark which identifies registered fair trade organizations (as opposed to the FLO system, which labeled products).

FAIRTRADE Sales Worldwide

Shoppers spent €5.5 billion on Fair Trade products in 2013, 15 percent more than in 2012. Fair Trade International calculates the total estimated retail sales value based on both out of home sales and retail sales since this more accurately reflects what consumers spend on Fair Trade products.

Out of home sales come from products consumed outside of the home; for example in cafés and restaurants. Retail sales come from consumer products bought in stores and supermarkets.

In 2013 the following countries calculated their out of home sales value using the average out of home retail price, for example, the average price of a cup of coffee at a café: Estonia, Finland, Germany, Japan, Ireland, Latvia, Lithuania, Spain and Portugal.

Consumers in established Fair Trade markets continued to increase their Fair Trade purchases, with sales in the UK breaking the €2 billion mark and steady growth across all European markets. Fair Trade’s newer markets such as the Czech Republic, Hong Kong and, interestingly, the USA, experienced strong growth. With the launch of Fair Trade marketing in Eastern Africa and India in May and November 2013 respectively, it hopes to build on this trend in the years to come.

About Fair Trade USA

"Fair Trade" helps “free trade” work for the poor. A nonprofit organization, Fair Trade USA is the leading third-party certifier of Fair Trade products in the United States. It enables the consumer to make a difference with his dollar. It helps people and the planet work in tandem so both are healthy and sustained. It provides farmers in developing nations the tools to thrive as international business people. Instead of creating dependency on aid, it uses a market-based approach that gives farmers fair prices, workers safe conditions, and entire communities resources for fair, healthy and sustainable lives. It seeks to inspire the rise of the Conscious Consumer and eliminate exploitation.

It seeks to empower family farmers and workers around the world, while enriching the lives of those struggling in poverty. Rather than creating dependency on aid, it uses a market-based approach that empowers farmers to get a fair price for their harvest, helps workers create safe working conditions, provides a decent living wage and guarantees the right to organize. Through direct, equitable trade, farming and working families are able to eat better, keep their kids in school, improve health and housing, and invest in the future. Keeping families, local economies, the natural environment, and the community strong today and for generations to come are the results sought through Fair Trade USA.

Protecting the environment also protects the future livelihoods of local communities. The Fair Trade USA model rigorously protects of local ecosystems and ensures that farmers receive a harvest price, which will allow them to practice sustainable agriculture. It encourages farmers to transition to organic agriculture because it is safer for farm workers, healthier for consumers and better for the environment. Ultimately, it helps farming families become the best stewards of their land. Fair Trade USA currently partners with around 800 brands, as well as 1.3 million farmers and workers across the globe.

As Americans become increasingly concerned about the state of the world and look for opportunities to use their power in the marketplace to make a positive difference, Fair Trade USA seeks to provide an avenue for consumers to vote with their dollar. As more and more consumers are educated and inspired, it is hoped that it will become a force for change (ibid).

A day is envisioned when Fair Trade products are readily available in stores across the country, when U.S. consumers can choose a "Fair Trade Lifestyle" and shop responsibly in every product category. This vision requires an inclusive approach to new products and stakeholders. Fair Trade is not just a market; it is also a social movement that brings strength, hope and real choice to the world's consumers. Companies should not have to choose between social responsibility and the bottom line. Fair Trade is seen as a new global business model that helps industry secure its own profitability and competitiveness while it protects the environment and ensures a fair return to farmers and workers.

Fair Trade USA helps industry forge long-term partnerships throughout the supply chain so companies can both obtain the highest quality products and support disadvantaged producer communities. In the effort to reach consumers throughout the nation, Fair Trade USA collaborates with companies of all types and sizes, from mission-driven organizations and family-owned businesses to transnational corporations. As the bar for best practices in global trade and production is raised, Fair Trade USA aspires to remain the Gold Standard label for social, economic and environmental sustainability.

The Unfairness of Fair Trade?

Research has recently suggested that fair trade certification “reinforced” producer-consumer differences and dominant power relations. Issues raised included the amount of influence producers in developing countries have within Fair Trade networks located outside monitoring systems in their own countries. For example, while the FLO states that producer organizations participate in its Standards Committee, the research also suggested that ‘in order to nurture equitable trade partnerships, Fair Trade must expand to accommodate a substantially higher degree of producer participation in administrative decision-making and goal setting’.

Can Ethical Consumerism Make Trade Fair?

The common theme linking the various ethical certifications is the need to instill a fairer and more equitable model of production within their supply chains compared to non-certified goods. Despite the criticisms of the Fair Trade scheme, buying Fair Trade products is clearly better than purchasing items from companies which cannot guarantee that any kind of equitable trade has occurred between themselves and their suppliers.

The minimum price paid to Fair Trade producers is determined by the Fair Trade Standards and Pricing Unit. It applies to most Fair Trade certified products. This price aims to ensure that producers can cover their average costs of sustainable production. It acts as a safety net for farmers at times when world markets fall below a sustainable level. Fair Trade goods allow consumers to make purchasing decisions knowing that the item has met rigorous verification standards and guarantees the farmers a much better price than they would normally receive in the commercial market. Admittedly, buying ethically-sourced and socially-responsible products will not, in isolation, change the presently unjust Northern-dominated global trading system.

However, the Fair Trade certification system, plus other independently audited fair and equitable trade approaches have made companies and politicians aware that when consumers purchase goods, an increasing number do consider whether a product contains evidence of ethical sourcing. Moreover, with ratings such as those created by Ethical Consumer, consumers can purchase certified Fair Trade and ethically traded goods from a company which has these concepts at the core of its business ethos.

Although some argue that only ‘difficult political choices’ can change the global trading system, the decision made by one of the UK’s biggest food retailers (Sainsbury’s) to only sell certified Fair Trade bananas shows that people can attempt making trade fair in the absence of political intervention.

Debt Advice

Dealing with debt in the USA is an onerous task, as you WILL need Government help in resolving your financial issues. It you see debt staring at you, seek the advice of Credit Counseling Services, which agency will depute a counselor equipped with various resources to help tide over your money crisis. From starting a budget to educational programs on money management, counselors discuss your entire financial situation and help you develop a personalized plan.

You can find free or low-cost credit counseling options at:

o Credit unions

o Extension offices

o Religious organizations

o Non-profit agencies

Do check to ensure the credit counseling service you're using is accredited with either the National Foundation for Credit Counseling (NFCC) or the Financial Counseling Association of America (FCAA).

What is Credit Counseling?

Credit counseling organizations are agencies set up by the Consumer Financial Protection Board (CFPB) to advise you on managing your money and debts, help you develop a budget and generally offer free educational materials and workshops. Typically, their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting. Counselors discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems.

Credit counseling organizations are usually non-profit organizations. Although most of them are non- profits, credit counselors may charge fees for their services that they take out of the payments you make to them. An initial counseling session typically lasts an hour, with an offer of follow-up sessions. If you are having trouble making payments on your debts a credit counselor may be able to help you with advice or by organizing a “debt management plan” for all your debts.

Usually, under a debt management plan (DMP) you make a single payment to the credit counselor each month or pay period and the credit counselor makes monthly payments to each of your creditors. Under debt management plans credit counselors usually do not negotiate any reduction in the amounts you owe – instead, they can lower your overall monthly payment. They do so by negotiating extensions of the periods over which you can repay a loan (for example, 5 years) and by getting creditors to lower the interest rates (for example, as low as zero percent) and waive certain account fees. Contact your creditors and confirm that they have accepted the proposed plan before you send any payments to the credit counseling agency for your DMP.

YOUR PLIGHT

If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). When you submit a debt complaint to the CFPB, you will see a form asking you about your troubles and its background.

CFPB will forward your issue to the company, give you a tracking number, and keep you updated on the status of your complaint.

In the appropriate slot, write your story, good or bad, about your experience with consumer financial products.

Also submit what you think is a reasonable approach and solution to your plaint.

Debt Settlement: Alternatively, you could opt for a Debt Settlement. Debt settlement is executed by companies that offer to arrange settlements of your debts with creditors or debt collectors for a fee. They typically offer to pay off your debts with lump sum payments that are less than the full amounts you owe. For example, for every $100 of a loan that a creditor agrees to forgive, the debt settlement company will charge you some portion in fees.

While credit counselors reach up-front agreements with your creditors to ensure that the creditors will not pursue collection efforts while you're in the credit counseling debt management program, debt settlement companies often have no such up-front agreements with creditors. Shun debt settlement companies that charge up-front fees in return for promising to settle your debts.

Many debt settlement companies will instruct you to stop making payments to your creditors. If you stop making payments, you may face collection efforts, late fees and penalty interest charges. These fees and charges will cause your debts to grow larger. In this way, debt settlement may cause your total debt-load to grow, even if the debt settlement company settles one or more of your debts. If you stop paying your debts, your creditors will likely begin collection efforts and will start charging you penalty fees and interest. Debt settlement companies say that law suits and debt collection efforts are key factors preventing clients from successfully completing a debt settlement program.

While some creditors and debt collectors will agree to settlements with debt settlement companies, many will not negotiate how much they will settle for. Instead, they will have standard policies about how much principal they will forgive when you haven't made payments for a certain period of time. This means debt settlement companies usually can't get better terms than you could get by talking to your creditors yourself.

Some creditors and debt collectors will not negotiate with debt settlement companies at all. Once they learn you are working with a debt settlement firm, their collection efforts may become more intense. For example, the collector may file a lawsuit against you.

Credit counselors	Debt settlement companies
Usually non-profit organizations	For-profit companies or law firms
Advise you on managing your money and debts and help you budget your payments	Offer to arrange settlements of your debts with creditors or debt collectors
Reach up-front agreements with your creditors to ensure that the creditors will not pursue collection efforts or charge late fees	Often have no up-front agreements with creditors
Usually do not negotiate reduction in amounts you owe - instead, they can lower your overall monthly payment	Typically offer to pay off your debts with lump sum payments that are less than the full amounts you owe
Do not advise you to stop paying your debt, but may help negotiate your monthly payments	Usually require that you stop paying your creditors to succeed in a debt settlement program

Remember, in most circumstances, neither credit counselors nor debt settlement companies can erase all your debts. If you don't pay on your debt for 180 days, your creditor will write your debt off as a loss; your credit score will take a big hit, and you still will owe the debt. If you simply don't have enough cash to pay what you owe, you may consider filing for bankruptcy. Filing for bankruptcy can have long term consequences; consult a bankruptcy attorney to learn whether bankruptcy is a good solution for you. For more information, read Coping with Debt, an FTC venture to assist you.

Filing for bankruptcy

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is recommended because bankruptcy has long-term financial and legal outcomes. The question then arises that if an individual can afford a paid-for lawyer, where is the justification in filing for bankruptcy? There is, therefore, a provision for free legal aid.

Almost all consumer cases are covered under Chapter 7 or Chapter 13 of the code. The founders of the

United States foresaw that honest people might suffer severe economic misfortune or make poor choices. So, they provided for bankruptcy in the U.S. Constitution. Personal bankruptcies are covered mainly under two parts of the U.S. Bankruptcy Code:

Chapter 7 Liquidation: Chapter 7 is commonly referred to as straight bankruptcy. In its simplest form, Chapter 7 wipes out most of your debts and, in return, you may have to surrender some of your property. Chapter 7 doesn’t include a repayment plan. Your debts are simply eliminated forever.

Chapter 13 Reorganization: Chapter 13 involves a repayment plan in which you pay all or part of your debts during a three- to five-year period. In Chapter 13, you propose a debt repayment plan that requires court approval and thereafter keeps creditors at bay as long as you keep making payments. A budget plan that demands frugality to the point of misery is doomed to fail. One that is reasonable has a good chance of succeeding.

Every Chapter 13 plan must pass two tests:

· The best-interest test, which mandates that unsecured creditors be paid at least as much as they would receive if you filed a Chapter 7 instead of a Chapter 13.

· The best-efforts test, which requires that you pay all your disposable income (the amount left over after paying reasonable living expenses) to the trustee for at least the first 36 months of your plan.

A Direct Comparison: Chapter 7 vs. Chapter 13

Chapter 7 Bankruptcy	Chapter 13 Bankruptcy
A Chapter 7 bankruptcy will discharge most types of unsecured debt. The trustee will sell any significant nonexempt property in order to repay your creditors.	In Chapter 13 bankruptcy, you repay your creditors (some in full, some in part) through a Chapter 13 repayment plan.
Time Frame: A typical Chapter 7 bankruptcy case takes three to four months to complete.	Time Frame: The Chapter 13 payment plan lasts three or five years (depending on your income). At the end, many of your unsecured debts will be discharged.
Property: Many Chapter 7 debtors keep all or most of their property. Petitioners with significant equity or assets that are not exempt by law could lose them to satisfy some debts.	Property: No property is liquidated under a Chapter 13 bankruptcy.
Your Income: Some high income earners won't be eligible for Chapter 7.	Your Income: Chapter 13 requires a regular income for the monthly payment.
Homeowners/Foreclosures: Chapter 7 can temporarily stop foreclosure, but unless you can get current on your mortgage, the foreclosure will eventually continue.	Homeowners/Foreclosures: Chapter 13 can stop a foreclosure and you can make up past due mortgage payments through your repayment plan.
Eligibility: Chapter 7 is available to those whose income is less than the median of their state, or those who can pass the means test.	Eligibility: Chapter 13 has no income requirement, but unsecured debt must be below $383,175 and secured debt below $1,149,525.
Filing Complexity: Filing for Chapter 7 involves preparing a large set of forms and navigating some tricky legal issues, but simple cases can be done pro se - that is, without hiring an attorney.	Filing Complexity: Chapter 13 bankruptcy involves submitting a repayment plan to the court, and will almost always require hiring an attorney to complete successfully.

It’s a similar story across the Atlantic. If you're in debt, you need to take action quickly to stop the situation getting any worse. In the UK, to start dealing with your debt problems, study how to sort out your debts by reading the linked document. This will help you work out how much money you owe and whether you've got any urgent debts. Then you'll need to look at the section on Budgeting to see if you've got enough money to pay off your debts.

How to sort out your debts: If you have a problem with debt, it's important not to panic but don't ignore it either – it won't go away. To deal with a debt problem, you will need to:

o Sort out how much money you owe

o Work out which are the most urgent debts for you to pay off

o Work out if you've got any money to pay your debts off and, if so, how much

o Deal with the most urgent debts as a matter of priority

o Look at your options for dealing with the less urgent debts and work out how to pay them off

o Contact your creditors and make arrangements to pay back what you owe

o Work out your options if you don't have enough money to pay off all your debts.

In England and Wales, if you have business debts as well as personal debts, you can get help from the Business Debt website. In Northern Ireland, if you have business debts, you can get help from the NI business info website. If you are worried about how to deal with your debts, there is free, confidential advice available. Your local Citizens Advice Bureau can give you advice about debt problems. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Going further, you will get advice on how to dispute debt, assuming that you are not on a sticky wicket.

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CONSUMER SAFETY-4

2015-10-09T02:45:00.001-07:00

KNOW YOUR RIGHTS

How to dispute a debt: When you borrow money you should be asked to sign a credit agreement. This is a legal document which sets out what both sides are agreeing to, including how the money you're borrowing should be paid back. Borrowing money includes things like taking a loan or a bank overdraft, buying goods on credit and taking on a mortgage. If you don't pay the money back or fall behind with your payments, the credit agreement usually gives the lender the right to take you to court and make you pay back what you owe. However, there are times when you may be able to argue that you shouldn't have to pay the money back. This could be for a number of reasons, including:

o You didn't sign a credit agreement with the lender or someone else signed it.

o The lender didn't follow proper procedures, for example, if the credit agreement has something wrong on it.

o You were under age when you signed the agreement.

o The time limit for recovering the money has run out.

o The agreement you signed is legally unfair.

o You were forced into signing the agreement against your will.

o You didn't understand what you were doing when you signed the agreement because you have a learning disability or mental illness.

If you're being chased for payments by a lender or being taken to court, check to see whether there are any reasons why you might not have to pay the money. Read this article and its links carefully online. All seven sections have legal backing. If you think there may be a reason why you don't have to pay the money, you should get help from an experienced debt adviser to see if there is anything you can do about it. You can get help from a debt adviser at a Citizens Advice Bureau. To find details of your local CAB, including those which can give advice by email, click on nearest CAB.

What you can do if you don't think you should pay back a debt:

If you're being chased for payments by a lender and you think there's a reason why you shouldn't have to pay back the money, you may be able to:

o Complain to the lender.

o Complain to the Financial Ombudsman Service (FOS).

o Argue in court, if you're taken there, that you shouldn't have to pay the money back.

Complaining to the Financial Ombudsman Service (FOS):

If you think you're being chased for a debt you don't owe, complain to the lender explaining your reasons. If they don't deal with your complaint or you are unhappy with their answer, you can ask the Financial Ombudsman Service (FOS) to deal with the problem. This is now a procedural matter.

o You can only go to the FOS after you have made a complaint to the lender.

o The lender has up to eight weeks to deal with your complaint.

o You must complain to the FOS within six months of getting your lender's final response to your complaint or from the end of the eight week period if they haven't responded.

You may now lodge a complaint at the Financial Ombudsman Service.

Using a Claims Management Company to dispute a debt: Claims management companies, also known as claims assessors, are firms that charge you a fee to help you check whether your credit agreement is correct. They sometimes claim to be able to help you challenge whether a credit agreement is legal in court, even when you don't have a good reason to dispute the debt. For example, if you owe money on a loan or hire purchase agreement, you may have been tempted by claims management companies or claims assessors offering to help you challenge whether your loan or hire purchase agreement is legal.

They may tell you that your loan or hire purchase agreement is unenforceable. You may be told that you can't be forced to pay the money back because the loan company hasn't provided you with a copy of a signed agreement, but this may be misleading. It's important to be clear what 'unenforceable' means. It doesn't mean, for example, that you no longer owe the money or that you can't be chased for the debt.

If you want to challenge whether a loan or hire purchase agreement is legal, there may be ways of doing this other than going to court. For example, you may be able to complain to the credit lender. You should only think about going to court as a last resort. You can get free help to check your credit agreements and to sort out your debt problems from a Citizens Advice Bureau. To search for details of

your nearest CAB, including those that can give advice by email, click on nearest CAB.

In England and Wales, claims management companies have to be authorized by the Ministry of Justice. You can check whether a claims management company is authorized by searching on the Claims Regulation website. For more information about what to do if you think you have an unenforceable debt, see Signing an agreement to borrow money.

Free, confidential debt advice from a UK charity: Debt Advice Foundation is a registered national debt advice and education charity offering free, confidential support and advice to anyone worried about loans, credit and debt. Because they're a debt charity, you can be sure that the advice they provide is impartial and based solely on what is best for you. It is a compact website, which can be used as a Ready Reckoner before plumbing the depths of legal aspects associated with debt. Another interesting read is StepChange MoneyAware, which gives you the latest debt news, advice and money saving tips.

The Procedure in the EU: The procedure in the EU is both similar yet dissimilar. While the principles remain the same, historical and old world values make the process somewhat different, without affecting the time-frame in any manner. The Nordic countries are known to be the swiftest to react. Cyprus and Greece are somewhat backward in their processing, but their citizens are not complaining. Perhaps it is because of more serious matters at hand.

Managing Your Bills

When it comes to understanding complex topics, people are often urged to keep it simple. But when it comes to paying bills, keeping things simple can be complicated. It's hard to bank in the 21^st century when plenty of people still live in the 20^th. It will remain so till most people born up to the 1970s give up the ghost. Hardcopy addicts will never change their habits. They will have an Incoming Bill folder and transfer each paid bill plus its receipt to the Paid Bill folder, replacing the Paid Bill folder every year.

PCs and laptops are excellent aids to program your bill payment schedule. Online bills need minor rerouting and hardcopy bills need to be scanned or details entered physically into your calendar. But then, do you open up your computers daily? Hopefully yes, if only to check mail. Smartphones are an equally simple solution. Your smartphone, or any phone with a built-in calendar, will advise you to pay your bills on certain dates and remind you daily till you pay up and cross out that bill. That requires you to know which bills come in on what date and the payment leeway, so you can program your calendar accordingly. For the less tech-savvy, this will be tiresome.

In short, have a place for your bills; open all bills, because they will not vanish; set up regular times to pay bills, depending on your paycheck cycle. Even if you are paid by the fortnight, most bills are paid monthly, with ‘pay by’ dates around the 10^th of the month. Alternatively, you could authorize bank to vendor direct electronic payment, with a text alert to you. The vendor notifies you well in advance of transacting with your bank. Anyway, such payments are reversible.

Many tech-savvy people use an online service. If you need something high-tech, there are plenty of websites and apps that promise to do just that. They include:

· FileThis.com. Costs range from free to $2 - $5 a month, depending on your needs. It's essentially a digital filing cabinet where you can organize bills, financial statements and online documents.

· Finovera.com. This is a free online bill organizer that allows you to link it to your creditors. When you have a bill, it will be downloaded at the website.

· Check.me. This free app is designed to help people stay on top of their bills by monitoring bank and credit card accounts. If you drop to a dicey low bank balance or a bill is coming due, it'll let you know.

· MoneyStream.com. This service is free and has many of the features you'd expect from an online bill organizer. What possibly sets it apart is its calendar interface that lets customers see where their money went and where it's going.

Smartphone Apps to Manage your wallet

There are many apps to help the trendy go-getter.

1. Mint.com. This popular app collects all of your financial information and puts it in one, easy-to-view place.

2. Expensify. This app is geared toward business travelers looking to keep track of mileage, receipts and other expenses on the go.

3. Bank apps. Many banks have their own customized mobile apps.

4. The Coupons App. This app includes a daily updated coupon database and a widget to deliver daily deals directly to your phone.

5. Store apps. Apps specific to a store like Target and Gap.

6. ReadyForZero. This app allows users to sync their debt information securely, create a plan to pay off debt and track payment progress.

7. IOU - Debt Manager. An Android app, the IOU app tracks your debt and keeps tabs on what you’ve lent to others.

8. SigFig. Designed for investors.

9. Personal Capital. A high-end investments and risks tracker.

A New Way to Manage Your Bills

If you are looking for an easy online solution, MoneyStream is a website that organizes your bills for you automatically. Not just an organizer or bill-payer, MoneyStream brings everything together in one secure place—and then shows you a future view of your money so you can see at a glance where you stand and where you're going. MoneyStream analyzes your spending by accessing your bank account. It finds bills and puts them on a calendar so the work is not up to you. You're still in control - add or edit anytime. MoneyStream uses cognitive thinking so that it can anticipate your needs, follow detailed instructions, and make sure everything is handled according to plan. Revolutionary technology—built from the ground up—that actually becomes smarter over time.

How it works: You start by linking your accounts to MoneyStream. The site uses bank-level security to keep all your information safe and private. MoneyStream automatically detects when your bills are due and then adds them all to one calendar so you can see them all in one place.

More features:

· Smart technology analyzes your spending history and finds the repeating payments.

· MoneyStream combines it’s expertise with your specific instructions to catch unusual activity.

· Be alerted via email, text message, and on your MoneyStream dashboard.

· Easily see your income and bills for the month to see how much extra money you have.

Across the Atlantic: Once again, procedures across the Atlantic seem a facsimile of U.S. processes. The UK gains a lot from the best of both worlds, viz., inputs from EU member nations and from the USA.

For instance, Money Advice Service is a free advisory service for the benefit of one and all. It offers advice and guides to help improve your finances, tools and calculators to help you keep track and plan ahead and support in person, over the phone and online.

As for bills, they can be hard to manage when you first leave home - you may have budgeted for the cost, but how exactly do you pay for them? Money Advice Service takes a look at the best ways to pay bills and give tips on what to do if you’re struggling.

The Main Payment Methods

You’re nearly always given a choice of how to pay regular bills such as gas, electricity, water and the TV license. It’s in the interest of businesses to make paying bills as easy as possible for their customers. Depending on cost and convenience, ways to pay include:

· Direct Debit – you allow the business to take cash from your bank account on a regular basis (usually monthly or quarterly). It can often help to spread the cost over the year, and many organizations offer discounts to people who pay with Direct Debit as they know they will be paid on time.

· Phone – you can usually pay bills over the phone using a debit or credit card. Most customer phone numbers are free or local rate, but be careful of numbers that charge higher rates, as these charges can quickly mount up even if you’re only on the phone for a few minutes. Some countries dissuade you from giving details over the phone, as it becomes very easy to cheat a card holder the moment she/he discloses her CVV number.

· Internet banking – businesses often give their bank details so you can transfer the bill amount into their account online. If you pay this way, make sure to include your reference number so the company knows where the money has come from.

· By post – you can often send a check for the bill amount to the address provided by the business. Be aware that it can take up to five days for them to process the check and receive the money from your account.

· Post Office – you can often pay a bill by cash or card at the Post Office. There can sometimes be a fee for using this service.

· Prepayment meter – gas and electricity can be paid for by prepayment. This involves buying top-ups on a key or a card and inserting them into the gas or electricity meter. To ensure a supply of energy, there must always be enough credit on the meter. This can be a very expensive way of paying for energy, but it does have the benefit of allowing you to budget for what you use.

Making Phone and Online Bank Transfers:

How do you make a bank transfer or one-off payment by telephone or online? If you need to set up regular payments, perhaps to pay your utility bills, read a guide on Direct Debits and Standing Orders.

Why make a bank transfer online or by phone?

An online bank transfer is the easy way to transfer money. If your bank offers phone or online banking, you can transfer money directly to another account. All you need is the account details of the person or company you’re paying.

· It’s fast. Most online, phone or standing order payments now use a new Faster Payments Service, which means that payments arrive the same business day.

· It’s usually free. The Faster Payments Service is generally free, but if you need to make a very large transfer you’ll need to ask your bank to send your money by Clearing House Automated Payment System (CHAPS). The typical cost is £25-£30.

· It’s flexible. You can move money, pay bills and set up payments 24 hours a day.

· It’s safe, as long as you use the right payment details.

Bank transfers - How to make a payment

What information do you need to give when conducting a bank transfer?

1. The name of the person or business you’re paying.

2. The six-digit sort code (for example, 12-34-56) and eight-digit account number (for example, 12345678). This is on your bill, or should be provided by the person you’re paying.

3. A payment reference (often your name or customer number) to make sure they know that the money comes from you.

Make sure you use the correct account number and sort code when you make a phone or online payment. Banks rely on these rather than the name of the person or company.

Sometimes the name and address of the bank you are sending the money to – this is to check that the sort code is right. Don’t worry, most of the time you won’t need it.

5. The date you want the payment to be made.

The payment details for large companies and organizations (like utility companies or HM Revenue & Customs) may already be held by the bank. If this is the case, just select the organization from a list. Some organizations may have different account numbers and sort codes for different types of payments, so make sure you pick the right ones.

Taking Over the Budget After Your Partner Dies

Every household needs someone who will write a budget and make financial decisions. If your partner used to manage some or all of the household finances, taking these on for the first time can feel being physically and mentally hit overwhelmingly.

Check the bills are being paid:

If your partner managed most of the bills, here are some things you should check to ensure you don’t miss any bill payments.

§ Gather your bills and make a list of all the companies and organisations you pay regularly.

§ Any bills that were being paid from your joint account will continue as normal, but you should find out when these are due so you can make sure you have enough money to pay them.

§ Any accounts in your partner’s sole name will be frozen until you complete the legal process of getting access to them. If any of your household bills were paid from these accounts, you’ll need to notify the company and change the payment details so that future payments are taken from your account.

§ If any bills were either in your partner’s name or joint names, get them changed to your sole name.

§ Pay any urgent bills and any arrears.

There is a lot of work to be done and you need both guidance and assistance. You also need to know what compensatory benefits you are entitled to post this unfortunate demise. The checklist laid out here will help you immensely.

Back home, you could also make out a checklist, as long as you adhere to it. Why should you forget about (or lose) an important bill and end up wasting money on late fees and fines?

1. Keep your pending bills together, in one designated area.

2. Do not separate each pending bill into an individual folder.

3. Designate 2 to 4 regular days per month to pay your bills.

4. Pay your bills in one place and keep all your bill paying supplies like checkbook, envelopes, stamps, pens, pencils, a calculator, tape, stapler and return address labels together.

5. Immediately record your paid bills. Don't wait until later because if you do, there's a good chance you will forget.

6. Once you pay your bills, mark your copy or section of the invoice with the date paid, check number and amount paid.

7. Organize your cancelled checks and checking account statements. They will be needed come tax payment time.

8. Reduce your credit cards to 2 or 3.

9. If you're paying your bills manually, consider purchasing inexpensive, money management software like Quicken.

Product Safety

As stated at the outset of this essay, the Consumer Product Safety Act (CPSA) was enacted in 1972, establishing the United States Consumer Product Safety Commission (CPSC) as an independent agency of the United States federal government and defined its basic authority. CPSC has jurisdiction over more than 15,000 different products. The CPSA excludes from CPSC's jurisdiction products that come under another federal agency's jurisdiction, e.g., food, which falls under the purview of agencies such as the U.S. Food and Drug Administration or aircraft, under the aegis of the U.S. Federal Aviation Administration.

Injuries and other problems from consumer products cost the U.S. over $900 billion each year. That figure would be even higher without efforts to promote product safety. Product safety is a term used to describe policies designed to protect people from risks associated with thousands of consumer products they buy and use every day. There are a number of laws at the state and federal level intended to protect buyers from unsafe consumer goods or potentially harmful elements found in many common products, promulgated by the CPCS as mandated by the CPSA.

Tobacco packaging warning messages are warning messages that appear on the packaging of cigarettes and other tobacco products concerning the health effects of those products. They have been implemented in an effort to enhance the public's awareness of the harmful effects of smoking. In general, warnings used in different countries try to emphasize the same messages. Warnings are both pictorial and printed. Such warnings have been required in tobacco advertising for many years.

The Commission works to ensure the safety of consumer products, especially those that pose a risk of fire, electrical, chemical, or mechanical hazard. Products that may pose a danger to children are also a high priority. It has jurisdiction over thousands of household products, such as power tools, cribs, toys, appliances and cigarette lighters. The Commission investigates complaints from consumers concerning unsafe products, products that may be defective or products that violate product safety standards. Product safety standards are rules that relate to the design and manufacture of consumer goods to protect users from an unreasonable risk of harm.

Product Recalls

Perhaps the most well-known enforcement activity with respect to product safety is the product recall. Product recalls usually hit the headlines, with cars and baby products leading the pack. A product recall is a process to remove defective or hazardous products from the marketplace. Generally, a company will publicly announce the dangers of the product and ask customers to return the product or discard it. Typically, customers will be given either a refund or replacement, but sometimes the manufacturer will fix the problem (for example, defective parts in a two-wheeler).

In 2012, the Commission was involved in almost 450 voluntary recalls of products that either violated mandatory standards or were defective and presented a substantial risk of injury to the public. If a manufacturer refuses to voluntarily recall a product, the Commission may file an administrative action seeking to require a recall. Federal law prohibits anyone from selling products subject to a publicly-announced voluntary manufacturer recall or a mandatory recall ordered by the Commission (ibid).

Product recalls from the Commission relate to consumer products only. Other federal agencies have jurisdiction over their domain. Some of these agencies employ product recalls to enforce product safety standards for their regulated industries as well.

The Department for Consumer Affairs in New Zealand has virtually the same policies as the USA, except that the country is miniscule in size when compared to the U.S. It clearly informs you that you have the right to a repair, refund, replacement or compensation under the Consumer Guarantees Act. One of the guarantees is that products must be of acceptable quality and this includes that the product is safe. As may be expected, stress is laid on keeping kids safe.

In the UK, under the Sale of Goods Act 1979, all products must be ‘fit for purpose’, be of satisfactory quality and fit its description. This means that your products must fulfill the purpose customers have been led to expect and the reasons that led them to buy it. The Act also covers any purpose that a customer asks about when the product is purchased and is guaranteed by the retailer to meet that purpose when it is sold. If a product is not fit for purpose, customers are within their rights to have the goods replaced or repaired.

It is the Royal Society for the Prevention of Accidents (RoSPA) that is active as reforms carry on apace in the UK. RoSPA continues to be disappointed at the number of product recalls across the UK and the rest of the world. Most of the highest-profile recalls in recent times have featured cars, such as Toyota, the byword of failsafe. Recalls for toys and other children's products are alarming. Many of these toys have been made in China, suggesting that although China has improved standards, it still has compliance problems. This has led the US Consumer Product Safety Commission (CPSC) to open its first overseas office in Beijing. The CPSC hopes that this presence will help to reduce the number of unsafe products reaching the US market - and hopefully the UK will see the benefits too.

In Northern Ireland, the Competition and Consumer Protection Commission was established on 31 October 2014 and is the new statutory body responsible for enforcing consumer and competition law in Ireland. The Commission will build on the work of the National Consumer Agency and the Competition Authority.

The Commission retains the responsibilities of the Competition Authority and National Consumer Agency and also has new functions and powers to work towards its vision. It has extensive legal powers and a broad mandate which includes:

· Investigating and challenging practices that are damaging to consumers and/or the wider economy.

· Providing information to consumers to help them make informed decisions. It has a specific role in this regard relating to financial services.

· Advising policy-makers re consumer protection and competition matters.

· Responsibility for market surveillance regarding safety of products covered by a number of EU Directives. It has the responsibility for monitoring and processing non-food product recalls in Ireland.

· Bringing anti-competitive behavior and practices that are harmful to consumers to an end.

· It has the market surveillance authority in Ireland for safety of products covered by certain EU Directives. It also upholds the EU Unfair Commercial Practices Directive.

Before You Shop

The average American home size has doubled in the past 50 years. Still 10 percent of households rent offsite storage and 25 percent of homeowners with two-car garages can’t park cars in them. 76 percent of Americans live paycheck-to-paycheck. And the average US household credit card debt stands at $15,191. It appears we Americans have a spending problem. We buy far more than we need. Immigrants do not, particularly Asians, which is why they are not sparring with debt.

And yet, our filled closets, overflowing drawers, and crammed basements stand as proof that purchases are not improving our lives. Our discontent is evidenced in our excess. In every imaginable category (from homes and cars to clothing and technology), we must find greater intentionality in our consumer pursuits. And move up towards the black line.

Whether you’re buying a new smartphone, media player, digital camera, computer, television, house cleaning robot or any other high-tech gadget, there are many issues to consider before you buy. Each and every item must pass the category-related three-question test before moving onto generalities.

An immigrant decides on a budget before doing anything else: How expensive of a “whatever it is” he can afford. A good rule he uses is to buy what they can afford to pay cash for. He shuns the “12 easy payments” route.

Clothing/Apparel:

1. Am I replacing an item of clothing or buying something new? If the item is not a specific replacement, rethink your need for it.

2. Is this something I will wear regularly? If you can’t see yourself wearing the item on a regular basis, rethink the purchase.

3. Is the style one that will last? Don’t believe all the hype of the latest trends, they are manufactured by the fashion industry and change quickly.

Technology:

1. What problem does this solve? Technology should make our lives easier by solving problems. If a new technology is not solving an existing problem, it is only adding to them.

2. Are there any rumors of new advancements to this technology? Technology is changing rapidly. If your purchase is not time sensitive, it may be wise to double-check if a new release is right around the corner.

3. Is this technology I can afford? Keep in mind the full cost is often far greater than the initial investment. Is the product cost effective?

Furniture/Decor:

1. Is my purchase based on a genuine need or a cultural pressure? Am I succumbing to a specific pressure brought on by cultural, peer, or family pressure? Or is the furniture/decor something I truly need?

2. Am I choosing quality over quantity? With furniture, choose quality over quantity. One comfortable place to sit is far better than three uncomfortable options. And one beautiful piece of art decor will provide more life than a dozen cheap ones.

3. Is this style one that will last?

Entertainment:

1. Will this entertainment choice result in rest and value? Entertainment moves our emotion, occupies our heart and exercises our mind. Or at least, it should. Choose to invest your entertainment dollars in places that will.

2. Am I overusing entertainment to escape my life? There is nothing wrong with enjoying entertainment. It serves an important purpose. However, it can become a personal and financial burden if we use it as a means to routinely escape our own reality rather than face it.

3. Is there a cheaper alternative? A walk in the park or a hike up a mountain is often more entertaining and beneficial than buying another movie ticket.

Food:

1. Will this food add fuel to my life? Unhealthy foods may taste better in the moment, but in the long-run, they detract from our well-being and lifestyle.

2. Are my food decisions contributing to my financial stress? According to statistics, Americans spend 42 percent of their total food bill eating out. If you are unable to get ahead financially, this is one easy place to start cutting back.

3. Who am I supporting with this purchase? You need to eat. Support your local economy while you do.

Personal Insurance/Health:

1. If purchased personally, have I discussed my options with a health insurance professional? Find professional help with this decision. It is their job to understand all your options (and they are changing quickly).

2. Have I researched the benefits of my existing plan? Am I getting the absolute most out of my current payments? Search dental, vision, and preventive care.

3. Am I pursuing a health-benefiting lifestyle? The most effective way to keep your health care costs at a minimum is to pursue a healthy lifestyle. Accidents and heritage happen, but healthy habits always pay for themselves in the long run (ibid).

Transportation:

1. Do I need a new vehicle? If not, why do I want a new vehicle? And is that a good enough reason to spend the resources?

2. How much cash + trade-in have I saved? Always buy your vehicles with cash. You won’t regret it.

3. What are the additional expenses associated with this purchase? Calculate insurance, gasoline, anticipated maintenance, and unique circumstances (parking, tolls). Factor these into your decision by comparing several models. Sometimes a vehicle may cost more upfront, but save money in the long run.

Housing:

1. Am I buying/renting only what I need? Choose shelter based on your needs, not what the realtor says you can afford.

2. What will be the additional expenses included in this purchase? Whenever possible, research the utility costs, insurance, taxes, expected maintenance, and homeowners' association fees of your new purchase—especially if you are transitioning from a rental.

3. Will this arrangement bring freedom or burden into my life? Your home should bring you security and stability—not stress. Wisely consider also the impact of potential economic downturns on your home value and ability to make future payments.

Ancillary Issues

1. Gather information on the service you are purchasing and about the seller. Check out a company’s complaint record with your local consumer affairs office and Better Business Bureau.

2. Review product test results from consumer experts and comments from past customers.

3. Find out if the product has been recalled. You can check at the Recalls.gov website or directly with the manufacturer. If you are buying a product for a child, such as toys, clothing, cribs, and costume jewelry, be especially careful.

4. If you are buying a number of the same type of product for a group, such as cell phones for family or business associates, consider using the exact same model. That way, accessories are interchangeable.

5. Compare products in your budget span and select the item that has the maximum features you want.

6. Make sure you get everything that normally comes with the product.

Counterfeit Goods

Counterfeit consumer goods are goods, often of inferior quality, made or sold under another's brand name without the brand owner’s authorization. Sellers of such goods may infringe on either the trade mark, patent or copyright of the brand owner by passing off its goods as made by the brand owner.

Counterfeit products exist in virtually every area, including food, beverages, clothes, shoes, auto parts, pharmaceuticals, electronics, toys and currency. The spread of counterfeit goods is worldwide, and in 2015 the Organisation for Economic Co-operation and Development (OECD) estimated the global value of all counterfeit goods reached $1.77 trillion, up from approximately $550 billion in 2008. Counterfeit products make up 5 to 7 percent of world trade and has cost an estimated 2.5 million jobs worldwide, with 750,000 jobs lost in the U.S. alone.

A "knockoff" is a colloquial term which describes products that copy or imitate the physical appearance of other products, but which do not copy the brand name or logo of a trademark. They may, or may not, be illegal under trademark laws. Such products are considered illegal when they are intended to confuse consumers. And someone can be a counterfeiter even if he doesn’t make the products, but knowingly sells them to others. Another overlapping term is "pirated goods", which generally refers to copying copyrighted products without permission, such as music, movies and software. Other terms in use are replica, imitation, clone, faux, etc. Exact definitions are determined by the laws of various countries.

U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) recently disclosed fiscal 2014 results of an aggressive enforcement program to protect the United States from counterfeit and pirated goods. CBP and HSI are the components within the Department of Homeland Security (DHS) responsible for the enforcement of Intellectual Property Rights (IPR). The CBP is kept very busy in protecting American consumers from thwarting would-be felons. In 2014, they actively coordinated their efforts with federal enforcement counterparts, effectively targeting high risk shipments and frontline interceptions of cargo at America’s ports of entry. They intercepted 23,140 shipments of fake products worth an estimated $1.2 billion that could have cheated or even threatened the health of American consumers.

In addition, 144 shipments of circumvention devices were seized for violation of the Digital Millennium Copyright Act. CBP also enforced 44 exclusion orders in fiscal year 2014. Since 2007, CBP has identified intellectual property rights enforcement as a priority trade mission. Although IPR seizures declined slightly in 2014 from 2013, CBP recorded its third busiest year for seizures since 2005.

On a Typical Day in Fiscal Year 2014, CBP...

Processed:

· 1,026,234 passengers and pedestrians

o 293,285 incoming international air passengers and crew

o 54,008 passengers and crew on arriving ship/boat

o 678,941 incoming land travelers

o 70,334 truck, rail, and sea containers

o 307,680 incoming privately owned vehicles

Conducted:

· 1,333 apprehensions between U.S. ports of entry

· 21 arrests of wanted criminals at U.S. ports of entry

· 241 refusals of inadmissible persons at U.S. ports of entry

Discovered:

· 425 pests at U.S. ports of entry and 4,447 materials for quarantine: plant, meat, animal byproduct, and soil

Seized:

· 10,327 pounds of drugs

· $650,117 in undeclared or illicit currency

· $3.4 million worth of products with Intellectual Property Rights violations

Identified:

· 548 individuals with suspected national security concerns

Intercepted:

· 76 fraudulent documents

Employed 59,969 men and women, including:

· 22,274 CBP officers

· 2,368 CBP Agriculture specialists

· 20,824 Border Patrol agents

· 729 Air Interdiction agents (pilots)

· 329 Marine Interdiction agents

· 133 Aviation Enforcement officers

Deployed:

· More than 1,463 canine teams and 300 horse patrols

Flew:

· 213 hours enforcement missions over the United States

Conducted operations at:

· 328 ports of entry

· 136 Border Patrol stations and five substations within 20 sectors, with 35 permanent checkpoints

· 21 Air and Marine branches, six National Security Operations, and one Air and Marine Operations Center

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CONSUMER SAFETY-5

2015-10-09T02:40:00.003-07:00

KNOW YOUR RIGHTS

Often misunderstood, intellectual property theft is not a victim-less crime. The victims are national, and in this case, American businesses and those employees whose jobs are dependent on IP-intensive industries. Counterfeiting is a crime of global proportions, and when property rights are violated, American jobs are lost, business profits are stolen and ultimately, consumers are cheated.

The top ten counterfeit commodities seized are:

· Wearing apparel/accessories

· Consumer electronics

· Pharmaceuticals/personal care

· Handbags/wallets

· Footwear

· Watches/jewelry

· Optical media

· Computers/accessories

· Labels/tags

· Toys

Wearing apparel and accessories continue to be the number one commodity classification based on number of seizures with 7,922 seizures or 28 percent. Watches and jewelry are the largest commodity classification by value with an estimated MSRP of $375 million or 31 percent.

The People’s Republic of China remains the primary source economy for counterfeit and pirated goods seized with a total value of $772 million, representing 63 percent of all IPR seizures by MSRP. Hong Kong ranks second with $310 million or 25 percent.

Tactical interagency collaboration with the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) resulted in 683 arrests, with 454 indictments and 461 convictions.

The National IPR Center is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. Working in close coordination with the Department of Justice Task Force on Intellectual Property, the IPR Center harnesses the tactical expertise of its 23 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety and the U.S. economy.

CBP and HSI protect businesses and consumers every day through an aggressive IPR enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.

The situation is no better in most countries, and among the leading industries that have been seriously affected by counterfeiting are software, music recordings, motion pictures, luxury goods and fashion clothes, sportswear, perfumes, toys, aircraft components, spare parts and car accessories, and pharmaceuticals. In the UK, the September 2013-launched Police Intellectual Property Crime Unit (PIPCU) is a specialist national police unit dedicated to protecting the UK industries that produce legitimate, high quality, physical goods and online and digital content from intellectual property crime. The unit is dedicated to tackling serious and organized intellectual property crime (counterfeit and piracy) affecting physical and digital goods (with the exception of pharmaceutical goods) with a focus on offences committed using an online platform.

Tips to help you avoid buying counterfeit goods:

o Trust your instincts – if an offer looks too good to be true, it probably is.

o Always examine the quality of any goods you’re thinking of buying and check the labels to see if they are genuine. It’s often very easy to spot a fake as their labels may have spelling mistakes or other distinguishing marks.

o Check the spelling and grammar on the website and of the URL – often the people behind these sites do not pay a lot of attention or care to this detail. Fraudsters may try to deceive you by slightly changing the spelling of a well-known brand or shop in the website address.

o Look to see where the trader is based and whether they provide a postal address – just because the web address has ‘uk’ do not assume the seller is based in the UK. If there is no address supplied or there is just a PO Box or email, be wary.

o Only deal with reputable sellers - only use sites you know or ones that have been recommended to you. Read forums and blogs listing fake sites. If you are buying an item online, check if the website is a legitimate stockist by visiting www.brand-i.org/ Also check credentials of websites at whois.com and alexa.com/

o Ensure the website address begins ‘https’ at the payment stage, indicating secure payment. A locked padlock should also be visible.

o Keep security software and firewalls up-to-date. Regularly update your internet browser when a new patch-security update is released.

o Don’t access links in unsolicited emails. Type in the URL or use a search engine to find a site.

o Ask the trader if there is a returns policy or guarantee. Most rogue traders will not offer this.

o If you are not sure whether the items are genuine, do not enter your payment details – it is not worth the risk.

o Watch out for pop-ups appearing asking you to confirm your card details before you are on the payment stage. Never enter your PIN online.

If you think you've bought a fake item, you may be able to get your money back and you should report it. Invoke Action Fraud for counterfeit goods or call 0300 123 2040. Contact the Citizens Advice consumer helpline on 08454 04 05 06 for advice. Also contact Information and Advice on Buying Counterfeit Goods. Details on types of frauds are listed alphabetically to help you decide which type of fraud you have been conned with.

Doorstep Selling

Door-to-door selling is a sales technique in which a salesperson walks from the doors of one house to another trying to sell a product or service to the general public. A variant of this involves cold calling first, when another sales representative attempts to gain agreement that a salesperson should visit.

In the United States, the Green River Ordinance has banned all door-to-door sales or solicitation, a law upheld by the U.S. Court of Appeals in 1933. Under such an ordinance, it is illegal for any business to sell their items door-to-door without express permission from the household beforehand. Some states ban it in toto. In 1976 the Supreme Court extended the First Amendment to commercial speech and in 1980 promulgated a four-pronged test regarding the regulation of door-to-door selling:

1. The pitch itself must not regard things that are in themselves illegal and must be truthful to whatever is protected by the First Amendment.

2. Assertive governmental interest is substantial.

3. The regulation directly advances point 2.

4. If the regulation is necessary to serve that interest (i.e. demonstrating “no solicitation” signs and already existing trespass laws are not sufficient).

If a regulation meets these criteria, it is most likely legal. Logically, any item that can only be shown to be physically effective in a home would pass the caveat. These would be the home improvement products/services where items sold could be new or repaired roofs, siding, new replacement windows, interior design and color matching, solar panels, etc.

The Information Age has changed the items that can be sold by direct marketing. As of 2008, the products sold door-to-door are more subtle in nature: coupons to events or local businesses, season tickets to local professional sports teams "Certificate Sales", or subscriptions to home television services and/or broadband internet services. Telecom companies like Verizon Communications fiber-optic operating service network (FiOS), Comcast (Cable television and internet) and AT&T (U-verse) all contract with various marketing companies for nationwide sales fulfillment at the residential level. While the older model of the antiquated ‘tinker’ still survives, this practice is on the decline.

It’s very different in Europe, particularly the UK. If you sell products and services worth over £42 to a customer at their home in the UK, you must provide certain information for your customers, including their right to cancel. Failure to provide this information is a criminal offence.

This includes the sale of products and services to customers at:

· Their home

· Their workplace

· Another individual’s home

The extant laws are explicit about the rules you must follow before and after an order is placed. For instance, you must display information such as your business name, contact details, description of your goods or services, prices including all taxes, modes of payment, cancellation rights, responsibility for paying for the return of goods post cancellation, etc. There are further responsibilities post sale, and these need to be followed meticulously, like an address where complaints can be sent, any guarantees or after-sales services on offer, conditions for terminating contracts, etc. Suppliers of goods come under the Sale of Goods Act.

The laws are equally clear about whom the rules apply to under varying circumstances, and exceptions, like newspaper/magazine delivery, milkmen, motorized greengrocers, etc. Failure to inform a customer of their right to cancel is a criminal offence, with fines ranging up to £5,000.

Doorstep sellers need to give you a cooling-off period after signing a contract. From 13 June 2014 the Consumer Contracts Regulations, which implement the Consumer Rights Directive in UK law, came into effect, replacing the Distance Selling Regulations and Doorstep Selling Regulations.

Doorstep Crime: Doorstep crime is when rogue traders come to your door uninvited and pressure you into buying something or signing up for a service. They often try to sell their product or service in a way which can be very intimidating. Other examples are telling you guttering, roofing, gardening or paving work must be done to your home as it is in need of urgent repair – this may cause you to panic and allow the work to take place; take your deposit and never return to do the work; charge unreasonable prices or increase the price of the work as the job progresses.

Not all doorstep sellers commit a crime. Your best bet is to ask them to leave and return when you are not alone at home-this is your right. Contact Consumerline to make a complaint or ask for advice. After immediate reaction to protect you, you will be sent a “No Cold Calling” sticker for your door. Not paying heed to that sticker is a criminal offence and you can sue.

Buying Overseas (Import)

International online shopping has long come of age. It's not a fringe practice, mostly engaged in by people looking for obscure items that are hard to obtain in the USA, but a mainstream alternative to domestic online and bricks and mortar shopping. There are great deals to be found overseas — items that can be picked up for a fraction of the local market cost. But what most people don’t realize is that almost everything they’re buying domestically was already imported. They’re just paying a mark-up cost to the company that did the actual importing− the middleman of yore has been banished. Benefits can be dramatic, but it's not without its drawbacks.

Today, importing may cannibalize the U.S. economy. Research from the Federal Reserve Bank of San Francisco suggests that for every dollar spent on a Chinese-made item, 55 cents go to U.S. businesses for services such as marketing and sales. So Americans are getting more than just cheap prices and unique products from overseas markets. But that one U.S. dollar is lost forever, and all transactions post landing in the USA are from U.S. dollars still available within the economy. There is some compensatory satisfaction that the US$ is benchmarked as the global currency.

Many small businesses also support high-demand imported products that can’t be found or manufactured here: artisan crafts, furniture, shoes and clothing, and food and beverage products. These represent a lucrative market with margins that can reach up to 700 percent.

What To Expect When Importing:

The export/import business is quite demanding. You need to expect:

· Variable Lead Times – Most overseas vendors won’t even begin making your products until you actually place an order and put down a small down payment to cover the cost of materials. Add to that production time, shipping, Custom clearances, local distribution to physical shops, replacement on the online inventory, etc., and the lag will expand markedly.

· A Hefty Minimum Order – If you are ordering products to be manufactured overseas, expect to place a pretty large minimum order. Manufacturers will have their own minima but don’t be embarrassed to ask before ordering.

· Payment Terms – Most manufacturers expect to be paid by wire transfer. You have to pay an upfront fee to cover the initial costs and then pay the balance once the items are either ready to be shipped or have landed in the USA. Escrow services are available to handle payment issues, but transactions go much faster when there’s mutual trust between you and your vendor. Of course, you’ll have to establish this trust over time.

· Quality Control– Earlier a vexing issue, global incorporation of technology like ERP systems along with branch and quality audit offices has made quality control a sine qua non.

· Language Barriers – Many vendors in Asia speak English rather well, but in strange dialectic accents. Email and your own branch office will help communications greatly. Though the American accent, grammar and spellings are quite different from the UK English taught and used in Asia, meanings become clear enough to proceed (ibid).

Exporting to the USA: The World’s Biggest Market

· U.S. Legislation: Review import rejection laws and trade barriers.

· Research: If you are interested in importing and selling overseas goods to the U.S. market – whether or not you’re actually based in the U.S. – you’ll need to do your research regarding both the country of export and the country of import (the United States).

· Safety and Quality Control: While the U.S. is very import-friendly, it does have safety and quality controls that are more stringent than other countries. Likewise, foreign nations sometimes restrict or ban the export of religious ornaments, rare or protected goods, animal by-products (such as furs and ivory), as well as pirated designer goods. There are several guides and links to information about import trade.

· Food Products: If you want to import or sell agricultural and non-vegetarian products into the U.S., the Food Safety and Inspection Service provides a checklist and other information to help you comply with laws that govern import of meat, poultry and egg products.

· Hire a Customs Broker: This is what the customs broker will take care of for you−

o Customs Documentation – They will take care of any and all documentation required in the entire process

o Customs Entry – They will get your goods from the port directly to your office

o Customs Duty – They will take care of calculating and billing you for any duties associated with your goods.

o Customs Single Entry Bond – You are required to buy a bond that acts as insurance with Customs in the event you default on the customs duties. Your customs agent will take

care of this for you.

Other Documents Required: Your customs broker will ask you for certain details. In time, he will do it himself:

§ A Commercial Invoice – The declared value of the items

§ A Packing List – What you are importing

§ A Detail Sheet – Outlines how the products are manufactured so customs can determine the duty classification

§ A Bill of Lading

Shipping By Air/Sea : Shipping by sea is a complex procedure and best done by a customs broker. Large volume transactions are shipped across by sea. Air freight is six-seven times more expensive, but if you employ a complete package shipper like Fedex or DHL, they will pick up the packed item to deliver from the vendor and drop it off at the address provided by you. The first time you import goods from overseas by air, you will be contacted by customs to provide your social security card or a company id number. Many couriers take payment in advance, including customs duties. Any unforeseen bills en route will be redirected to you for payment; the courier pays off customs duties if they are a bit more than anticipated and recovers them from you. Electronic intra-bank payments are instantaneous.

Variables: American standards are different from the rest of the world, e.g., in measuring volumes and distances, and particularly so when it comes to electricity-driven goods. The USA uses 110V whereas the rest use 220-240V. That means you will need a step-up or step-down transformer/adapter, or provide the option to select between the two if the item is exportable, or demand an option to select 110V if the item is imported.

Unfair Terms in Consumer Contracts

In the UK, when you buy something, you make a contract with the trader. The contract has terms and conditions, setting out your rights and the things that you and the trader have agreed to do. Some contracts have standard terms that the trader uses for all customers. Sometimes, the law considers some of these terms to be unfair because they give a trader an unfair advantage over you or infringe your legal rights. If you can recognize an unfair contract term, the trader can't make you stick to it.

Common law legal systems, such as in the United States and the United Kingdom, lean toward allowing the parties to determine the terms of a contract without interference from the courts. There are, however, exceptions to the freedom to contract in some legal systems, which are intended to protect a party to the contract.

Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Competition and Markets Authority 2014. The Unfair Contract Terms Act 1977 is the first main Act, which covers all contracts that have exclusion clauses. The Unfair Terms in Consumer Contracts Regulations 1999 lays on top further requirements for consumer contracts. The Consumer Protection from Unfair Trading Regulations 2008 concerns certain sales practices.

Unfair Contract Terms: Some contracts contain standard terms that the law says are unfair because they give the trader an unfair advantage over you, or take away your legal rights as stipulated in the Unfair Terms in Consumer Contracts Regulations 1999. If a contract contains one of the terms listed in the Act as ineffective, then the term may be stricken from the contract, or the contract may be deemed invalid in its entirety.

A term setting the price of the goods or services isn't unfair just because the price is high. However, a term allowing the trader to increase the price after you have made the agreement might be unfair.

A few examples of contract terms that may be unfair are listed infra:

§ Any term which is very difficult to understand, perhaps because of the language or print size.

§ A term which tries to prevent you from carrying out your legal rights, for example, your right to a refund for faulty goods.

§ A term which tries to prevent you from taking a trader to court.

§ A term saying the trader is not responsible for a death or injury caused by something they have or haven't done.

§ A term saying the trader is not responsible for delays, even delays which are their fault.

§ A term saying the trader is not responsible if they don't do what they should do under the contract.

§ A term which tries to prevent you from keeping back payments when you have a genuine complaint about goods or services.

§ A term giving traders the right to change the contract to their benefit.

A term can't be unfair if you individually negotiated it with the trader and can't be unfair if the contract is between you and another private individual instead of a trader.

United States contract law regulates the obligations established by agreement (express or implied) between private parties in US law. The law varies from state to state; there is no nationwide Federal contract law, although transactions involving the sale of goods have become highly standardized nationwide through widespread adoption of the Uniform Commercial Code. There is significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts.

Parties are permitted to agree to arbitrate disputes arising from their contracts. Under the Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract.

While the United States does not address "unfair contracts," U.S. law does have the equivalent legal provisions to study contracts and pass judgment thereon. In the U.S. there are no legally unfair contracts; however, U.S. courts will declare some contracts void on their face and others may be voidable. If the subject of a contract is illegal, such as the sale of illegal drugs, then the contract is void. Contracts with impossible terms or contracts where one, or both, or the parties are legally incapacitated are other examples of void contracts.

A voidable contract is actually a valid contract that may be voided at the discretion of one of the parties. In most states within the United States, a minor cannot legally enter into a contract. As a result, if a party does enter into a contract with a minor, then the minor has the option to void the contract if he or she chooses. The other party, however, is bound by the contract unless the minor chooses to void it.

Consideration Under American Law and Estoppel:

Consideration is something of value given by a promissor to a promisee in exchange for something of value given by a promisee to a promissor. Typical examples of things of value are acts, forbearances, and/or promises to do so, the latter referring to those things that a party has a legal privilege to do in the first place. So, promising to refrain from committing a tort or crime is not a thing of value for purposes of consideration. This is known as the bargain theory of consideration and requires that the promises to exchange the things be reciprocally induced.

Promissory estoppel is a separate cause of action to breach of contract, requiring separate elements to be shown. It has the effect that in many contract-like situations, the requirement of consideration need not be present. Some elements of promissory estoppel amongst many others are:

§ An express or implied promise;

§ Detrimental reliance by the promisee foreseeable to a reasonable person in the promissor's position;

§ Actual detrimental reliance by the promisee (worsening of their position); and

§ For specific performance (as opposed to reliance damages), injustice can only be avoided by enforcing the promise.

The Australian Competitor and Consumer Commission is very clear about Unfair Contract terms. There are laws protecting consumers from unfair terms in circumstances where they have little or no opportunity to negotiate with businesses, such as with standard form contracts. Standard form contracts are explained as also the exceptions. It explains how you can tell if a term in your contract is unfair and provides a remedy for it.

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CONSUMER SAFETY-6

2015-10-08T06:00:00.001-07:00

KNOW YOUR RIGHTS

Qualms After Buying

Do you know your rights if something you buy develops a fault? And when you're entitled to a refund? Many of us are surprised to find out that high street shops don't have to accept returns unless an item is faulty, not as described or is unfit for purpose.

Fault levels are very low in genuine branded products, so most retailers choose to provide a 'goodwill' returns policy offering an exchange, refund or credit note for most returns. And if your item was bought online, over the phone, or by mail order in the UK, you have additional rights to return it under the Consumer Contracts Regulations, which subsumed the Distance Selling Regulations in June 2014.

Under the UK Sale of Goods Act you have a statutory right to return something and get your money back if it's faulty. But you're only entitled to a refund if you return it within three to four weeks, otherwise you can get a repair or replacement. This grace period is normally printed on your bill and displayed quite prominently in the shop. Shops aren't required by law to have a returns policy, but such an approach tends to boomerang in the long run.

Items that can't be returned globally are:

· DVDs, music and computer/other software if the seal is found broken.

· Perishable items like food and flowers.

· Customized items.

What you’ll need (in any country):

· Your receipt.

· The card you paid with. If you paid for an item on a debit or credit card, take it along when you return the item. This is very important if you want a refund as it’s often credited to the card you paid with.

· The original packaging. Take the item’s original packaging with you, down to the pesky cable ties.

Have you made a firm agreement? It’s likely you’ve made a firm agreement to buy if you’ve:

· Signed an agreement, or

· Agreed a delivery date, or

· Paid a deposit or the full amount.

Once you’ve made a firm agreement with a trader, you have a legal contract with them, even if there is nothing in writing. Check the terms and conditions of your contract to see if you have any right to cancel the agreement. You should have been given the terms and conditions when you made the order and it may be on your order form or receipt or in a leaflet. Or you can speak to the trader directly. You may have to pay a cancellation charge. If you feel the cancellation charge is so high that it’s unfair, you could challenge it under the unfair contracts act in the UK, EU and Australia. The US FTC will advise you to sue.

If you have paid for your order and are allowed to cancel, the trader should refund you the money, less the cancellation charge if there is one. If you have paid a deposit, the trader may refuse to return it. You could challenge this if you feel that the deposit was more than the trader needs to compensate them for any loss caused by your cancellation. Deposits, however, are seen as a way of protecting the trader against cancellation. So, even if you took the trader to court, it’s unlikely you’d get your deposit back, even in the USA.

The FTC’s services are available and FTC itself easily approachable. You can always lodge a complaint with the FTC. There is also a provision for Alternative Dispute Resolution, which will be discussed later.

Submitting a Consumer Complaint to the FTC:

To report fraud, identity theft, or an unfair business practice, visit their complaint site, click on the FTC Complaint Assistant icon, and answer the questions. The more information you can provide about the situation, the more useful your complaint will be. You’ve already seen the video, so you’ll know what data to provide:

· Your contact information: name, address, phone number, email

· The type of product or service involved

· Information about the company or seller: business name, address, phone number, website, email address, representative’s name

· Details about the transaction: the amount you paid, how you paid, the date

· The FTC cannot resolve individual complaints, but has tips to help you get your money back.

The FTC accepts complaints related to many topics, including:

· Identity theft

· National Do Not Call Registry violations

· Computers, the internet and online privacy

· Telemarketing scams

· Credit scams

· Immigration services

· Sweepstakes, lotteries, and prizes

· Business opportunities and work-at-home schemes

· Health and weight loss products

· Debt collection, credit reports, and financial matters

It would be a good idea to browse the FAQs on their complaint site and also visit their complaint assistance page. Vendors will benefit after watching this clip on FTC compliance.

Under the Australian Consumer Law, when you buy products and services, they come with automatic guarantees that they will work and do what you asked for. If you buy something that isn't right, you have consumer rights. Their consumer guarantees are comprehensive, logical and unbiased.

Buying Second Hand Goods:

Second hand cars are a good product to examine, with around 6 million used cars changing hands every year in the UK. If there's an expected problem with a second hand car soon after you've bought it, you may have the right to reject and return the car and get your money back. But you only have a reasonable time− probably three to four weeks– to reject a second hand car. If you reject a second hand car you must stop using it.

When you buy a second hand car from a dealer, you are protected by the Sale of Goods Act. The second hand car must meet certain requirements, failing which you have a right to claim against the dealer for breach of contract. The Sale of Goods Act says, “If something you buy is not 'as described', or if the seller is guilty of misrepresentation, you are entitled to give the second hand car back and get your money back, or, if you want to keep the car, ask for compensation (usually the cost of any repairs it needs). The Consumer Protection from Unfair Trading Regulations (2008) is also in your favor.

If you buy a second hand car ‘as is’, and it breaks soon after you buy it, you don't have any right to reject it, or to claim compensation.

If you bought the car on credit, you can also claim against the credit company under Section 75 of the Consumer Credit Act. Those with debit cards may be able to claim on the chargeback scheme. If you have purchased the car on hire purchase you can reject the car through the finance company.

If the second hand car is bought privately, you have fewer rights when you buy from a private seller and key parts of the Sale of Goods Act don't apply – there is no legal requirement for a car to be of satisfactory quality or fit for purpose, as long as the seller makes no misrepresentation.

In the USA, the situation is different, as it brings in ‘warranties’ and the Magnuson-Moss Warranty Act. Apart from written warranties, the law recognizes two basic kinds of warranties—implied and express.

Written Warranties:

Although not required by law, written warranties come with most major purchases. When comparing written warranties, keep the following in mind:

· How long does the warranty last? Check the warranty to see when it begins and when it expires,

as well as any conditions that may void coverage.

· Who do you contact to get warranty service? The seller or the manufacturer?

· What will the company do if the product fails? Check whether the company will repair the item, replace it, or refund your money.

· What parts and repair problems are covered? Check to see if any parts of the product or types of repair problems are excluded from coverage. For example, some warranties require you to pay for labor charges. Also, look for conditions that could prove expensive or inconvenient, such as a requirement that you ship a heavy object to a factory for service, or that you return the item in the original carton.

· Does the warranty cover "consequential damages?" Many warranties do not cover damages caused by the product, or your time and expense in getting the damage repaired. For example, if your freezer breaks and the food spoils, the company will not pay for the lost food.

· Are there any conditions or limitations on the warranty? Some warranties provide coverage only if you maintain or use the product as directed. For example, a warranty may cover only personal uses—as opposed to business uses—of the product. Make sure the warranty will meet your needs.

Implied Warranties:

Implied warranties are unspoken, unwritten promises, created by state law, that go from you, as a seller or merchant, to your customers. Implied warranties are based upon the common law principle of "fair value for money spent." In other words, it is an implied promise that the goods are fit to be sold. The implied warranty of fitness for a particular purpose is a promise that the law says you, as a seller, make when your customer relies on your advice that a product can be used for some specific purpose e.g., a roof rack for your car will carry up to 200 pounds.

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 any specific length of time. Nor does the law say that everything that can possibly go wrong with a product falls within the scope of implied warranties. For example, implied warranties do not cover problems such as those caused by abuse, 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. It means only that the product must be of normal durability, considering its nature and price.

Implied Warranties on Used Merchandise:

An implied warranty of merchantability on a used product is a promise that it can be used as expected, given its type and price range. Implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual.

If you do not offer a written warranty, the law in most states allows you to disclaim implied warranties. However, selling without implied warranties may well indicate to potential customers that the product is risky—low quality, damaged, or discontinued—and therefore, should be available at a lower price.

In order to disclaim implied warranties, you must inform consumers in a conspicuous manner, and generally in writing, that you will not be responsible if the product malfunctions or is defective. It must be clear to consumers that the entire product risk falls on them. You must specifically indicate that you do not warrant "merchantability," or you must use a phrase such as "with all faults," or "as is." A few states have special laws on how you must phrase an "as is" disclosure.

Some states do not allow you to sell consumer products "as is." These are Alabama, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and the District of Columbia. In those states, sellers have implied warranty obligations that cannot be avoided (ibid).

Federal law prohibits you from disclaiming implied warranties on any consumer product if you offer a written warranty for that product or sell a service contract on it. You should be aware that even if you sell a product "as is" and it proves to be defective or dangerous and causes personal injury to someone, you still may be liable under the principles of product liability. Selling the product "as is" does not eliminate this liability.

Express Warranties :

Express warranties, unlike implied warranties, are not "read into" your sales contracts by state law; rather, you explicitly offer these warranties to your customers in the course of a sales transaction. They are promises and statements that you voluntarily make about your product or about your commitment to remedy the defects and malfunctions that some customers may experience. Most express warranties say something like, "This product is warranted against defects in materials or workmanship" or "We will repair or replace parts that are defective in materials or workmanship" for a specified time.

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. While oral warranties are important, only written warranties on consumer products are covered by the 1975 Magnuson-Moss Warranty Act, the complex federal law that governs consumer product warranties.

The Magnuson-Moss Warranty Act

• Improves consumers' access to warranty information.

• Enables consumers to comparison shop for warranties.

• Encourages warranty competition.

• Promotes timely and complete performance of warranty obligations.

• Allows businesses to determine whether to warrant their products in writing. It does not compel you, as a salesman or vendor, to give a written warranty.

• Does not apply to oral warranties or warranties on services.

• Does not apply to products sold for resale or for commercial purposes.

Spoken Warranties: If a salesperson makes a promise orally, such as that the company will provide free repairs, get it in writing. Otherwise, you may not be able to get the service that was promised.

15 U.S. Code Chapter 50 − Consumer Product Warranties provides full details on the subject. As for Australia, under the Australian Consumer Law, when you buy products and services they come with automatic guarantees that they will work and do what you asked for. If you buy something that isn't right, you have comprehensive consumer rights.

Online Shopping

Shopping online can be fast and convenient, but it can also have a downside. Unlike in-person shopping where you can get a feel for a store, its personnel and its goods, with online shopping there are less clues to help you figure out if the goods on sale are worth their price and also, if that site is new, whether it is trustworthy.

FTC advises you to follow the tips below for hassle-free online shopping:

· Get the details

· Pay by Credit Card

· Keep records

· Know how to report online shopping fraud

Check the site on whois.com and alexa.com for its traffic and ranking. Know who you are dealing with. Reputable online merchants post plenty of information about themselves, including their location, phone number, fax number, and other details. You should also look for:

· Links to legitimate reviews.

· Membership in organizations that guarantee standards, such as industry associations or the Better Business Bureau.

· Certificates or seals of quality.

· Other purchase options (by phone, at store locations or through a catalog, for example).

Get the Details

Know exactly what you are buying. The vendor should give enough information for you to know what you are buying, i.e., details such as the size, color, weight and texture of the product. Better vendors have an image expansion facility, with a cursor-driven magnifying glass to inspect the product.

Know what you are agreeing to. Every time you choose to buy something online you are entering into a contract. Any reputable vendor will give you the terms of this contract on its website. Read them and bookmark those pages. Usually, you will get enough detailed and complete information to understand the terms of sale. Check out the company's privacy policy and security features, how the company handles complaints and returns and specific delivery dates for your product(s).

Know what you are paying. Be aware of all charges before you pay for your goods and services online. Your total price should include tax and shipping and handling. Remember, you might have to pay for customs and border fees if you buy things from companies in other countries, so make sure you get an estimate of what those charges might be before you pay for your order. Don’t forget to factor in the exchange rate. The charge on your credit card will probably be different from the final price because of the exchange rate.

Know what information you are giving to the vendor and why. Never deal with vendors that do not post a privacy policy. For many online vendors, your personal information is as important as your money. Make sure you know why vendors are asking for information, and how they intend to use it. Consider whether it is reasonable for the vendor to use your information in this way.

Know when to be concerned. Abandon your order if the vendor asks for credit card information before allowing you to enter a site; tries to rush you into a decision; presents incredible savings—a dead giveaway; sends spam; uses "browser traps"—like disabling your browser’s “back” button, opening new windows every time you try to close one, etc.

Online shopping by children and teens. Kids and teens may be tricked into buying items that are not as big, not as much fun as they looked online, or of poor quality because they don’t have as much experience as adult shoppers. Young people often do not understand the real or entire cost of some purchases. They may also give out personal information without realizing the consequences. Teach them to be aware of the risks and show them how to protect themselves when buying online.

Pay by credit card. If you pay by credit or charge card online, your transaction will be protected by the Fair Credit Billing Act. Under this law, you can dispute charges under certain circumstances and temporarily withhold payment while the creditor investigates them. In the event that someone uses your credit card without your permission, your liability generally is limited to the first $50 in charges. Some companies guarantee that you won’t be held responsible for any unauthorized charges made to your card online; some cards provide additional warranty, return, and purchase protection benefits.

Keep Records. Print or save records of your online transactions, including the product description and price, the online receipt, and the emails you send and receive from the seller. Read your credit card statements as you receive them; be on the lookout for charges that you don’t recognize.

Know how to report online shopping fraud. If you have problems during a transaction, try to work them out directly with the seller, buyer, or site operator. If that doesn't work, file a complaint with:

· The FTC

· Your state Attorney General, using available contact information.

· Your county or state consumer protection agency. Check the blue pages of the phone book under county and state government for data.

· The Better Business Bureau

Keep a clean machine. Make sure your software, OS and antivirus programs are updated. This is a critical step in the fight against viruses and malware that can be sent through emails, links, and websites. Connect with care. Do not do online shopping on unsecure wireless networks, such as places with public and free Wi-Fi. Do your online shopping at home and password protect your home wireless network. Pay attention to website URLs. Malicious websites may look identical to a legitimate site, but the URL may use a variation in spelling or a different domain (e.g., .net instead of .com). Also, only shop from a site that uses https://. This indicates that the company is taking extra measures to protect your data, as explained next page.

Reliance is increasingly being placed on online retail sites providing all security requirements, and many online buyers are becoming complacent and vulnerable. Online criminals are now more sophisticated when it comes to phishing, tampering, forgery and ID fraud. Lack in caution about the security of personal data can ruin your online shopping experience. Ensure that you follow the steps below to help prevent you from making yourself a victim of online fraud.

1. Look for the “secure site” indicators

Shoppers should always look for the yellow padlock in browsers that will indicate if a website is using Secure Socket Layer (SSL) – an encryption technology ensuring that the data sent to the retailer (such as financial, personal and user account information) is encrypted and secure. Also, ensure that web address on the pages you enter sensitive information on begin with “https:” (s for secure) instead of “http:”

There have been advancements to the current SSL technology. Microsoft and Mozilla have introduced a new “Green Address Bar” in the internet browsers address bar which gives shoppers enhanced confidence with a clear visual indication of whether a web site operator has been verified through a more rigorous level of company background and identity checks by changing the color of the address bar to green and displaying company details clearly.

2. Protect your privacy and identity

Your privacy is important; protect it at all times to minimize the possibility of identity theft. For retailers requiring a username and password account to be set up during the buying process, use different usernames and password combinations from the ones you use for your banking, web mail and other accounts. Passwords should not include information like addresses, birth dates, phone numbers or recognizable words. To be completely secure it is also not recommended that you write down your passwords or store them near your computer, not on them.

If the retailer asks for personal information during your purchase or “checkout” make sure you know what they’ll do with the information by reviewing their privacy policy which should always be presented on their web site. Rarely should information such as bank account details, date of birth, social security number etc, be required. If the online retailer asks for such personal information you should question if this information is really necessary or if it is related to your purchase. These details should not be required for simple online purchases.

3. Be on the lookout for scams. Be vigilant about trusting unbelievable offers by email –regardless of whether you know the retailer “offering” them. Phishers /fraudsters send millions of emails daily and place thousands of online ads offering the best “cannot miss” deals. If you receive an email or see an online advertisement be sure to check the URL in the browser address bar when you visit the site and make sure it is the real URL of the company is claims to be.

Be extra cautious of IP addresses (addresses like http://245.123.123.1/special-offer). If you’re still uncertain, call the company to confirm the offer by searching for their contact details in your favorite search engine not on the website offering the promotion. Except for your password, name, mailing address and credit card number you should never be required to submit any other information to place an order online.

4. Use a safe method of payment. Use a credit card wherever possible to pay for your purchase. Using debit cards and other methods of direct payments use your money, but credit cards use the credit card issuer’s money. This means there’s a much higher chance the credit card issuer will protect you up should there be any issues. If you have an unauthorized charge on your credit card, under U.S. federal law your liability is limited to $50. Many credit card companies will, under certain circumstances, even pay the entire amount for you. If the merchant does not accept credit cards, look for other methods of safe payment such as PayPal.

5. Get the details, keep the records. Make sure you know the merchant’s full address, especially if it’s outside of your own country. During “checkout” double check the price, quantity, delivery costs and refund terms. When purchasing from overseas merchants, double check any additional costs when delivering to the US or UK. There is always the risk of buying items that are never delivered after you have already made a payment. Print out a copy of all transactions and keep them safe until the purchase has been delivered in case any emails are accidentally deleted. If there is no date on the printout, add it in writing. To doubly ensure that the item purchased will arrive, insist on a tracked delivery.

According to the Better Business Bureau Online, it is best, to preserve your legal rights, to inspect your purchase carefully as soon as you receive it. Contact the seller as soon as possible if you discover a problem with it. Tell the seller in writing about any problem that you are concerned with. Ask for a repair or refund and keep a copy of your correspondence.

Privacy Laws for Consumer Protection

Most countries have privacy laws for consumer protection. In the US, there is no single, comprehensive federal (national) law regulating the collection and use of personal data. Instead, the US has a patchwork system of federal and state laws, and regulations that sometimes overlap, dovetail or contradict one another. Additionally, there are many guidelines developed by governmental agencies and industry groups that are not laws, but part of self-regulatory guidelines considered "best practices." These best practices are increasingly being used as a tool for enforcement by regulators, like the Federal Trade Commission (FTC), which is getting a move on.

The proliferation of security breaches in recent years has led to an integration of this patchwork system of privacy laws, regulations and guidelines which is becoming one of the fastest growing areas of legal regulation. The increase in interstate and cross-border data flow, coupled with the increased enactment of data protection related statutes heightens the risk of privacy violations, putting a data controller behind the 8-ball to negotiate the onerous and often inconsistent requirements for each state, when operating at a national level. The White House has also got into the act.

Notable developments in 2014-15 include a series of data breaches that, collectively, affected over 212 million households, leaving members naked. The FTC is stymied by the privacy and security implications of internet-connected cars, appliances, health monitors, cameras, etc.

The FTC has become an active enforcer of Federal privacy and data security laws. In 2014-15, it came down hard on illegal consumer tracking without permission and data brokers selling illegally collated consumer bank account and credit card numbers, birth dates, contact information, employers' names, and other information on the Internet. A popular social media messaging platform and mobile application that allegedly failed to protect users' data which led to the hacking of 4.6 million user accounts, apart from other personal data. The Children’s Online Privacy Protection Act (COPPA) has been strengthened.

Federal privacy bills that have been introduced in 2015 include a watertight and comprehensive Consumer Privacy Protection Act, possibly the strongest ever; the Student Digital Privacy and Parental Rights Act that will give parents access to information held about their children and allow them to correct it, delete information about their children that need not be retained, and to download any material their children have created, besides other safety clauses. The proposals run into a hundred pages+ and are highly welcome, even if late.

California has led the way and is one of only a handful of states to create an Office of Privacy Protection.

It has also promulgated the California Security Breach Notification Law and given the FTC free rein so the FTC Act can prohibit unfair or deceptive acts or practices. The FTC has used its authority to charge companies that:

· Failed to protect consumer personal data.

· Changed their privacy policies without adequate notice.

· Failed to comply with a posted privacy policy.

Returns and Refunds: State Laws

Many states have laws addressing consumer refunds, although not all of them offer guidance on how the laws apply to their residents who purchase goods from out-of-state merchants over the Internet. Some examples of state laws governing refunds are given below:-

California: Merchants are required to clearly post their refund policy unless they offer full cash refund, exchange, or store credit within seven days of the purchase date. Failing this requirement, customers may return goods for a full refund within 30 days of the purchase.

Florida: Merchants that do not offer refunds must post this fact where customers can see. Failing this requirement, customers may return goods for a full refund within 20 days of the purchase.

Illinois: Illinois citizens may cancel consumer transactions (and get a full refund) within three business days for door-to-door sales, campground memberships, and gym memberships.

In most cases, regardless of how a merchant drafts its return policy, the conditions of such a policy must be prominently displayed at the place of purchase (including Web sites) for it to be considered valid.

Merchants may charge a restocking fee for returned merchandise, which covers the cost of replacing the packaging in order to sell it as new. However, state laws dictate whether or not customers must be notified about these fees prior to purchase. In New York, for example, retailers are required to prominently display their restocking fee policies prior to the point of purchase. New Hampshire, on the other hand, does not require such a notification.

Return Fraud: U.S. retailers lose between $9.6 billion and $14.8 billion annually from return fraud, according to research by the National Retail Federation (NRF) and the Loss Prevention Research Council. The Federal position on returns and refunds, FTC and deceptive claims and the cooling off period as recognized by the FTC are also stated (ibid).

Online in the EU

If you buy something online in the EU, you are covered by consumer legislation just as if you buy it in person in a store. EU online shoppers enjoy a range of rights under EU consumer legislation, including a cooling-off period which gives you the freedom to change your mind after you have made a purchase. These rules don’t just apply to online shopping but also cover other distance purchases, such as those placed by phone or mail order.

ECC-Net’s eCommerce Report for 2014 includes a handy consumer checklist which sets out some useful advice to bear in mind when shopping online. You can access the checklist here.

Returning or Cancelling Orders

Returning unwanted goods in the EU:

In the EU, for contracts concluded as of 13 June 2014, you have the right to withdraw from your online purchase as well as from purchases made elsewhere than in shops (e.g. from a salesman on your doorstep; by phone or mail order) within 14 days. This “cooling off” period expires 14 days after the day you received your goods. However, if this period expires on a non-working day, your deadline is extended till the next working day. You can choose to withdraw from your order for any reason within this timeframe - even if you simply changed your mind.

To exercise your right of withdrawal, you must unequivocally inform the trader of your decision to withdraw from the purchase. You can do this, for example, by adding a written statement to the goods that you are returning by post, or by sending a fax or e-mail. It is not enough to just send the goods back. The trader must provide you with a model withdrawal form, which you can use to inform him/her of your withdrawal but you don’t have to use it.

The trader must give you a refund within 14 days from receipt of your withdrawal notification, but can delay refunding you if he/she has not received the goods back or evidence that you have sent them back. This refund must include any shipping charges you paid when you made your purchase. However, the trader may charge you additional delivery costs if you specifically requested non-standard (express) delivery. You will have to pay the costs of returning the goods to the trader.

For bulky goods (such as large household equipment), the trader must give you at least an estimation of the cost of returning the goods. You must send the goods back within 14 days of informing the trader that you wanted to withdraw.

Check that the trader informed you that you would have to bear the cost of sending the goods back during the cooling-off period. If not, he/she must also bear that cost. Bulky goods bought from a door-to- to-door salesman and delivered to you immediately must, however, be collected by the trader at his own expense.

Please note that you may not use goods that you have received before deciding to withdraw from the purchase. The right to withdraw exists to allow you to examine the product in the same way as you would in a shop, not to give you 14 days free use. Moreover, specific rules apply to digital content (e.g. downloading or streaming music or video).

Products excluded- The 14-day “cooling off” period does not apply, among others, to:

· Plane and train tickets as well as concert tickets and hotel bookings for specific dates

· Food and drink delivered to you by regular delivery (such as delivery by a milkman).

· Goods made to order or clearly customized (e.g., a tailor-made suit).

· Sealed data carriers, such as DVDs, which you have unsealed upon receipt.

If you buy a product or service online after 13 June 2014 you benefit from more favorable consumer protection rules, like:

· Essential information before concluding the contract,

· No unjustified surcharges for payment by credit cards (or other means),

· Delivery within the agreed time,

· Returning unwanted goods,

· Paying only for things that you have expressly agreed to.

What you should know before buying: Wherever you buy a product or service in the EU, whether in a shop or online, the trader must provide you with certain clear, correct and understandable key information about the product or service before you make the purchase.

Before you enter into a contract with an online trader or service provider, the following more detailed information must be provided:

o Main characteristics of the product or service.

o Name and physical address of the trader.

o E‑mail address and/or telephone number.

o Total price including all additional costs, such as delivery, or, if not known in advance, at least information about how the price is to be calculated.

o Information about payment and delivery procedures, in particular about delivery restrictions in certain countries.

o The right of withdrawal.

o Available after-sales services.

o Duration of the contract.

o Dispute resolution mechanisms.

o Trade registered number.

o Professional title and VAT details (if applicable).

Contracts must be written in plain and understandable language and cannot contain unfair contract terms. Your consumer rights under EU rules normally also apply to purchases from non-EU online traders targeting consumers in the EU, though claiming them might pose problems.

Accepting returns and giving refunds: The law in the UK:

Consumers may ask for a full refund if an item is faulty, not as described or doesn’t do what it’s supposed to. Moreover, customers have exactly the same rights to refunds when they buy items in a sale as when they buy them at full price. You are also entitled to a refund and/or compensation where the seller had no legal right to sell the goods.

As a customer, you can’t claim a refund if you:

§ Knew an item was faulty when you bought it

§ Damaged an item by trying to repair it yourself or getting someone else to do it (though you may still have the right to a repair, replacement or partial refund)

§ No longer want an item (e.g., because it’s the wrong size or color), unlike in the rest of the EU.

§ Ordered and bought custom-made items, e.g., curtains.

§ Want to return perishables, like frozen food or flowers.

§ Want to return unwrapped CDs, DVDs and computer software.

Online, mail and phone order sales: Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty, as extant in the EU. Customers may claim a refund if they’ve told the vendor within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told the vendor. The customer must be refunded within 14 days of the vendor receiving the goods back. Customers don’t have to provide a reason.

Repairs and replacements: If you have ‘accepted’ an item, but later discover a fault, you may have it repaired or replaced. You can still reject the item after it’s been repaired or replaced. You can have an item repaired or replaced if you return it within 6 months, unless the vendor can prove it was in mint condition when sold.

You have up to 6 years to make a claim for an item you’ve bought from the vendor (5 years in Scotland). You have the right to free repairs or a replacement regardless of whether you have a warranty or guarantee or not, as long as you have proof of purchase.

Vendors are also given a fair deal in UK law. Also, do remember that most UK laws are mainly for England, Scotland and Wales. Northern Ireland has separate sections, e.g., in addition to your consumer Statutory Rights, if you have a problem with an item, you are covered for 60 days if you have proof of purchase.

The Sale of Goods Act 1979 as Amended

If you want protection when shopping, this is the law you need to know. The Sale of Goods Act 1979 (as amended) is crucial for consumers because it refers to laws which have extended the basic 1979 Act. It tells the trader that you know your rights, as amended. Amendments to cover new technology have been added, in 1994 and 2002.

As of 2013, The Sale of Goods Act 1979 (as amended) lays down several conditions that all goods sold by a trader must meet, i.e., the goods must be:

· As described. This refers to any advert or verbal description made by the trader. A good example is a coat sold as 100% wool that turns out to be a wool mix.

· Of satisfactory quality. This covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale. Prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act. Minors and the mentally challenged have been given added protection.

· Fit for purpose. This covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader. If you buy something which doesn't meet these conditions you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too.

Note, however, that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has no legal redress against the seller, just that he/she isn't entitled to a full refund.

If you buy something which doesn't meet these conditions, you have the potential right to return it, get a full refund, and if it will cost you more to buy similar goods elsewhere, compensation (to cover the extra cost) too. The act covers second-hand items and sales. But if you buy privately your only entitlement to your money back is if the goods aren't 'as described'.

Modifications have been made to protect an unpaid seller under the new Act under certain conditions.

Debt Consolidation: Is it Right for You?

Debt consolidation loans aren't right for everyone. It's important to check all of the other options available and make sure you're making the right choice. While consolidating debt often sounds like a promising solution, this could make your situation worse. There is only one way out of debt−getting your head straight on your shoulders. Stop ‘on the spur of the moment’ spending when you know you can’t afford to keep up with the Jones’.

In effect, debt consolidation is signing up with, and getting a financial agency to tot up all your debts and treat it like a single loan to be repaid, at a lower installment but for a longer period. A canny investor can actually make money by racking up several debts, consolidating them and paying a lower installment. Surprised? Read more about it later.

Debt consolidation or debt management?

Debt consolidation and debt management are two different things but it's easy to get confused between terminology when trying to sort out your debts. Debt consolidation involves taking out new credit to pay off your lumped debts and debt management is where you negotiate affordable payments with the companies you currently owe money to.

Both can lead to lowering payments but are completely different ways of dealing with debt. If you're not sure which option suits your circumstances then seek professional help. As economists say, “it’s not the money that needs treatment, it’s you! Debt consolidation is nothing more than a ‘con’ if you do nothing about the habits that caused it. The debt will still be there, it can’t be wished away.” But, in debt consolidation, you pay your debt in full with no negative consequences to your credit.

See through the marketing. Debt consolidation is often made to sound like a great solution but it's important to try and see through the sales patter and look at the facts.

Selling Point of Debt Consolidation	Reality
"Consolidate all of your debts into one place"	Many people taking out consolidation loans will end up spending on credit again, so many still have lots of accounts to deal with.
"Lower your monthly payments"	By lowering your payments you're more than likely going to take longer to repay your debts.
"Reduce your interest rates"	Even with lower interest rates, consolidation loans can often end up with higher total interest to pay because they're generally taken out over a longer time period.
Manageable monthly payments"	Consolidation loan payments aren't always affordable. Without a proper budget in place it's hard to know.
Government debt consolidation	No such arrangement exists.

You might find this site easier to understand. This is not an attempt to push any product, just the idea.

Free debt consolidation: If you have debts with more than one creditor and are having difficulties in managing them, you might have been tempted by an offer of a free debt consolidation loan. Debt consolidation is where you replace all your individual debts with one larger debt that covers them all. So you make one payment a month rather than several at different times, making your debt and budgeting easier to manage.

Consolidation advice: It is strongly advised not to consolidate your debts without a thorough check of your situation and to find out if it will really help you. DO NOT consolidate your unsecured debts with a loan secured against your property as this would put your home at risk if you fall behind on payments.

Debt Consolidation Example: Consider Mr. X who has a great job, good salary of $240,000 pa, a healthy bank balance and an excellent credit rating. In Jan 2015, he takes four (4) loans of $100,000, all at 10%, all for three (3) years. He has to pay a monthly installment of $3,227, with Total Interest Payable = $16,162 and Total Payment of (Principal + Interest)= $1,16,162 per loan. Over 3 years, he would have paid out $464,648. By end December, he would have paid $38,724 ($8162 interest and $30,562 principal) x 4, totaling $154,896. He now owes $309,752. In practical scenarios, the lender recovers most of the interest as early as possible, because that is his profit. Thereafter he rides the inflation wave, since it affects both the borrower and him.

[Under Debt Consolidation Statistics, it is averred that if you stay in debt longer, you get a lower payment, but you pay the lender more. The depreciation factor hasn’t been considered. Again, it says you paid $5,688 more over a longer stretch, without factoring in depreciation.]

On Christmas Day, Mr. X tells his creditors he can’t pay them and negotiates a Debt Consolidation of 300,000 over 7 years at 8%. Loan monthly installment drops to $4,676, total interest payable goes up to $92,773 and Total Payment (Principal + Interest) to $392,773, which is $83,021 more than earlier.

He will pay $392,773 which would have depreciated to 2/3^dsor $261,849, if not less. His income would have, at the least, doubled to $480,000, its actual value being 2/3^ds of $320,000 ($213,333). He comes out singing! You need a good reserve of money if you have the gumption to enact this drama.

The answer is not the interest rate; the answer is a Total Money Makeover. The way you get out of debt is by changing your habits. You need to commit to getting on a written game plan and sticking to it. Get an extra job and start paying off the debt. Live on less than you make.

Your Rights in a Credit Agreement

The British Consumer Credit Act (CCA) 1974 regulates credit card purchases but also gives you protection when you enter a loan or hire agreement.

The CCA 1974 regulates consumer credit in Great Britain only and covers the following areas:

· Content and form of credit agreements

· Method of calculating annual percentage rate (APR)

· Procedures relating to events of default, termination or early settlement

· Credit Advertising

· Section 75 which gives you extra protection on items costing over £100 and up to £30,000 paid by credit card.

Before granting credit or significantly increasing the amount of credit, a creditor must assess your creditworthiness. They must base this assessment on sufficient information obtained from you and a credit reference agency. In addition there is certain information that must be provided to you before a regulated agreement is made. You must be informed of the following:

o The nature of the agreement.

o The parties to the agreement.

o Whether you can cancel an agreement and how.

Read the information and take it in before signing an agreement.

You must also be given key financial information including:

o The amount of credit or the credit limit.

o The duration of the agreement.

o The Annual Percentage Rate (APR).

o The total amount payable.

o The amounts and timings of repayments.

o What happens if you want to pay an agreement off early.

An agreement covered by the Act is called a regulated agreement. An agreement will be regulated if:

o The borrower is an individual, not a company and

o It is not an exempt agreement.

This information must be contained in a document headed 'Pre-Contract Information' which must be provided separately to the credit agreement itself. Both parties must sign the agreement and a copy of the agreement must be given to you either at the date of signing or seven days thereafter.

Secured loans: Secured loans are loans against collateral. The most common type of secured loan is a mortgage, which could cost you your house on default. Some secured loans are covered by the Consumer Credit Act but not mortgages. If your secured loan is covered by the Act, you may be able to apply for a Time Order, if you have problems paying back what you owe. A Time Order is a special order that the courts can make, allowing you time to pay. This can help you keep your home if you fall behind with payments. If you are behind with payments on a secured loan, get help from an adviser from a Citizens Advice Bureau.

Agreements not covered by the Consumer Credit Act:

The following kinds of agreement are not covered by the Consumer Credit Act:

§ Agreements to hire gas, electricity or water meters.

§ Agreements where you have to pay off what you owe in full each time, e.g., charge cards or milk bills.

§ Mortgages.

§ Credit union loans.

§ Loans from an employer.

§ Some short term trade agreements.

You can always ask to take away the information to look at and come back to sign the agreement later. Once you have signed an agreement, the lender should send you a statement at least once a year, showing what you owe under the agreement. But you can ask for a statement at any time (ibid).

CancelLing a credit agreement

You can cancel a credit agreement at any time before you sign the agreement or within 14 days of signing it. You don’t have to give a reason. This includes credit bought over the phone, by mail order, through the internet or digital TV.

You must tell the lender that you are canceling the agreement in writing and send it by recorded delivery. Keep a copy for your own records. You can also give notice verbally, if the 14 days is almost up. If you do so, make sure you record the date and time and who you spoke to. Follow it up in writing.

Agreements you cannot cancel

You cannot cancel the following types of agreement:

§ Bank overdrafts.

§ Mortgages or secured loans.

§ Loans to pay death duties.

Check the agreement to see if it says you can cancel within a certain time limit and get a full refund.

If you cancel anyway

If you cancel a credit agreement you'll need to return any money given to you in advance under the agreement and pay for goods already installed, such as a kitchen. If you bought goods on credit and cancel the agreement, you’ll have to pay for them in another way or return them. If you've paid a deposit or partly for goods or services you are buying on credit, you should get all your money back when you cancel, except if you arranged your own credit, e.g., you took a loan separately to pay for the goods or service. If you face trouble paying back your loan, contact your lender, or, as always, a Citizens Advice Bureau.

Paying a loan off early

The CCA allows you to pay off a loan early, and get a rebate of any interest and charges you’ve paid. First, write to the lender and ask them to give you an early settlement amount for the loan. This is the total amount you must pay to clear the loan in full, including any rebate.

The lender must tell you the amount if you ask and allow you 28 days from when they received your request to pay the amount off in full. How much interest you have to pay depends on when you took the loan and how much you have already paid off.

Paying off part of the loan early

If you wish, you can pay off part of the loan early, in a partial early settlement. The amount of rebate you get will be less than paying the loan off in full. Paying off part of the loan early will affect how you pay the rest of the loan, but is simple math. The new terms and conditions can be negotiated with the lender. You must formally inform the lender of your intentions and pay up within 28 days before signing your new agreement. If you’re lagging with your payments under the 1^st loan agreement, any partial early settlement payment made will be used to pay off the arrears first.

Lender ending a credit card agreement

A lender can end a credit card agreement by giving you two months notice in writing. This could be either permanently or temporarily, but they must tell you in writing of their intention with good reason,e.g., the lender might suspect you of fraud or have reason to believe you are likely to default.

If your card is refused because you’re over the limit, you should be able to put things right by paying back some of the money owed or reducing the planned expenditure.

If you lag with credit or loan payments

If you fall behind with payments the lender must send you an arrears notice including a Financial Conduct Authority (FCA) information sheet. This gives you key information about your rights and tells you where you can get help and advice to sort out the arrears.

The lender must next send you a default notice which must also include the FCA data sheet. The default notice tells you what you need to do to put things right and consequences if you still don't pay what you owe. The lender also has to send you a notice if charges are to be added on because you are late with a payment.

Procedures elsewhere

The processes in Canada have been covered (p. 4). New Zealand has laws similar to those in the UK, except for variations in terminology, cooling off periods and reaction times. The legalities in New Zealand are more complex and a lawyer is recommended. Australia has the most current laws and lays it out on a platter for any consumer or vendor, with simple and direct regulations. South Africa has an admittedly long route ahead.

South Africa’s Credit Act Document describes credit as a “double-edged sword,” because of the “considerable imbalance of power between consumers and credit providers,” due to poor consumer education levels and knowledge of consumer rights, and inability to enforce such rights through negotiation or legal action. Ergo, credit cannot therefore be seen as a universal basic service to which access should be extended in the same way as access to water, health care and electricity. There is a pressing need to balance access to credit with protection for consumers, especially the vulnerable.

Filing a Consumer Complaint

The process of filing a complaint with the FTC has been dealt with at length, including a video. The FTC is still a patchwork of processes, varying from state to state, with a Federal Act in the offing, possibly after the presidential election of 2016. In the interim, you can file a complaint against a company or against online purchases, attempt a dispute resolution program or mandatory arbitration clauses.

Complaint Against a Company:

If your recent purchase or service becomes problematic, you have the right to complain.

Ø Gather supporting documents, such as sales receipts, warranties, contracts, and work orders from the purchase. Print all e-mails or logs of any contact with the seller about the purchase.

Ø Contact the seller, preferably in writing. You just might find a handy solution. If this doesn't

work, raise the level of contact, all the way up to the national headquarters. Use this template for your complaint letter. If Irish, the templates are here.

Ø Contact third parties, if the seller fails to fix your problem. File a complaint with your local consumer protection offices or the state regulatory agency or licensing board that has jurisdiction over the seller. Notify the Better Business Bureau (BBB) in your area about your problem. The BBB tries to resolve your complaints against companies. Contact an appropriate federal agency, which will then investigate fraud. If the purchase was made online from overseas, do file a complaint with econsumer.gov.

Ø Seek legal help. If none of the earlier options work, try resolving your problem through the legal system or through an alternative dispute program.

Dispute Resolution Programs

Dispute resolution programs try to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer such programs. Try contacting your state's attorney general or consumer protection office, law school clinics, or the Better Business Bureau to find a dispute resolution program.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to jointly reach an agreement. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before pitching in. Ask questions like:

· How much will the dispute resolution program cost you?

· Are the decisions binding?

· Can you still take legal action if you are not satisfied with the decision?

· How is the mediator/arbitrator/ conciliator chosen for your case?

Complaints About Online Purchases

If you have problems in an online transaction, try working them out directly with the seller. If that doesn’t work, file a complaint with:

o Your consumer protection agency.

o The Better Business Bureau (BBB).

o Your state Attorney General.

o Econsumer.gov if your purchase was with a foreign retailer.

If you made your online purchase using your credit card, you can dispute the charge with your credit card company.

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CONSUMER SAFETY-7

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KNOW YOUR RIGHTS

Mandatory Arbitration Clauses

Mandatory arbitration clauses are phrases written into contracts stating that disputes with a company must be resolved through arbitration, preventing you from filing a lawsuit. Arbitration clauses have crept in from common credit card and cell phone contracts into website terms and conditions statements, coupons, or corporate social media profiles. While less expensive, it is often seen as unfair to make arbitration a requirement before a negative incident has happened or knowing how serious the problem is. Also, the decisions are binding, so you can’t appeal the decision, even if the company was severely negligent.

Before you sign a contract or even use a website, read the contract or terms of service for mentions of “arbitration”, “binding arbitration” or “resolution programs”; this language is often in the fine print of the contract and can be missed. Some companies may let you opt-out of these clauses, if you do so within 30 days.

Other countries

The Australian Competition and Consumer Commission (ACCC) Infocenter looks after consumer interests. The ACCC landing page is a no-brainer. Every aspect that the average customer could expect from traders and lenders is listed and linked to a simple solution. The bias is Ozzie, of course.

In New Zealand, the basic procedures are the same and the guidance given more than adequate. The one significant difference is that New Zealand laws don't apply to overseas sales. You will need to read their Consumer Guarantees Act and the Fair Trading Act first.

The 2009 South African Consumer Protection Act aims to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognized consumer rights. Great stress is laid on exploitation because the carryover of the past has only one foot in the grave yet. The aim is commendable, and the execution is gaining strength every day.

Japan: Japan is an interesting case, but far too lengthy to describe here. Consumer rights and the general duties of business are stipulated in the Consumer Fundamental Act 1960 as revised in 2005. The Act has NO civil sanction clause. It only shows declaration of consumer rights.

Assurance of fair trading and prohibition of unfair commercial practices is provided by the Consumer Contract Act (CCA), the Specific Commercial Practices Act and administrative regulations. Civil sanctions on breach of business conduct are principally imposed by the Civil Code and the CCA. Gradually, administrative laws have been empowered to impose civil penalties. Penalties in Japan are steep!

UAE: Protection of consumer rights is a serious issue in the UAE. Their consumer protection laws prohibit unfair trade practices, curb unreasonable market manipulation, ban sale of sub-standard, fake, expired products and monitor pricing amongst other necessary measures to ensure consumer confidence and create an atmosphere of transparency in the market.

The Customer Charter for Federal Government services was launched recently. The charter enlists commitment of service providers and duties and responsibilities of consumers. The Department of Consumer Protection in the Ministry of Economy handles consumer complaints and issues at the federal level. Consumers with grievances can contact Ministry of Economy on 600 522 225.

The Department of Economic Development deals with consumer rights issues in Abu Dhabi, Dubai, Ajman and Ras Al Khaimah. These departments are also involved in supervising the implementation of consumer protection laws, raising awareness amongst consumers about their rights and duties and addressing illegal trade practices. Sharjah Municipality deals with consumer issues in the Emirate. What is noteworthy is that every response to a query from their website includes the terms, “find out what the law requires. . .”

Dealing with Disputes

Australia: Know your rights

There is no deviation from the global norm that you are covered by a country’s Consumer Laws if you buy products from that country under ‘consumer guarantees’. After you use a product, or when you receive an item bought online and you identify problems with it, the store or seller may have to provide a ‘remedy’, depending on the type of problem (aka failure in Australia), such as:

· A refund

· Repairs

· A replacement

· Compensation

The difference is that products bought from an Australian business and covered by ‘consumer guarantees’ also apply to second-hand products and sale items.

If you buy from a private individual seller who is not running an online business, in a consumer-to-consumer transaction, Australian Consumer Laws do not apply. However, you are still guaranteed clear title of the item, or the seller may also have their own refunds and returns policy in your favor. You can contact the seller to negotiate a solution using a downloadable template.

If the seller does not resolve your issue, what you do next depends on where and how you bought the item. You can raise eBay, Gumtree or Paypal’s dispute centers for a refund or a chargeback reversing the credit card charge. There are also cases when you do not have the right to return a product.

New Zealand: Disputes Tribunal

In New Zealand, Disputes Tribunals hear disputes over faulty goods or workmanship, loss or damage to property, etc. Disputes Tribunals are the modern, improved version of a small claims court. They can hear cases on almost anything – from hire purchase contracts to cattle grazing, car repairs to fencing disputes and even the quality of ear piercing. But there are some limitations:

· There must be a dispute which you have failed to resolve. It must have two sides to the story.

· Tribunals cannot hear disputes over employment, land sales, family matters or wills. Claims

against bankrupt and liquidated companies are also excluded, as are disputes over rates, taxes and social welfare benefits.

· There is a $20,000 limit on the value of the claim. Higher sums must go to court.

When you lodge a claim, the court staff will check its eligibility and advise whether it can go before a tribunal. More data is available here.

USA: Alternative Dispute Resolution

The FTC also has a provision for Alternative Dispute Resolution (ADR). Dispute resolution programs can be much quicker, cheaper, and less stressful than going to court. The two most popular types of dispute resolution are: mediation and arbitration.

· Mediation: In mediation, a neutral third party — a mediator — helps you and the other party try to resolve the problem through facilitated dialogue. However, it's up to you and the other party to reach an agreement.

· Arbitration: Arbitration is less formal than court, though you and the other party may appear at hearings, present evidence, or call and question each other's witnesses. Unlike mediation, an arbitrator or panel makes a decision or award once you've presented your case. The decision may be legally binding.

Finding an ADR: The following organizations can help you locate programs in your area:

· Your state attorney general or local consumer protection agency;

· Small claims courts and court systems;

· Nonprofit dispute resolution organizations;

· Bar associations and law school clinics;

· Better Business Bureaus.

Choosing the Right Program:

This is the tricky part, as rules and regulations vary from state to state. Evaluate the several ADR programs to find the one best suited to you. Always read the fine print first.

· Is the program voluntary or mandatory? Some states order you to try mediation or arbitration.

· What's required and how long will it take? Mediation requires meetings; arbitration uses hearings. They may take place in person or by video conferencing. Some programs resolve disputes based solely on written statements or affidavits. In some cases, you'll begin with mediation, and if no decision is reached, you'll progress to arbitration.

· Can I help select the mediator or arbitrator? The decision maker has to be totally unbiased and dispassionate. Your state may have ethics rules for third parties to assure impartiality.

· How confidential is the program? There is no program that guarantees confidentiality, unless you declare so in writing if confidentiality is important to you.

· What are the costs? Some programs are free. Others charge a flat fee or a rate based on your ability to pay. If you have an attorney or other representation, you also pay their fees.

· Is the decision binding? Mediation is nonbinding; arbitration may be binding on the company, both parties, or neither. If the arbitrator's decision is nonbinding, you can reject it and try other avenues, including small claim courts.

There is much to do before an ADR. Preparation can be quite lengthy and, at times, tedious. You might finally end up in court. But you’ll be better prepared for it. The Consumer's Resource Handbook offers tips on buying products and services, lists contacts for information and assistance and provides a free copy on request.

Brief Case study: OKLAhoma

Oklahoma follows the ADR route: Negotiation, with back-and-forth communication between the parties to the conflict trying to find a solution; Mediation; Arbitration and, ultimately, Litigation (going to Court). There are a dozen other ADRs that are specific to type, e.g., victim-offender mediation which can result in restitution to the victim is available through the Oklahoma Department of Corrections and The OBA Alternative Dispute Resolution Section, which may be a resource to identify additional options.

Consumer claims in the UK

The UK also uses the ADR route. If you are contemplating taking legal action against a trader, the court will generally expect you to have explored the possibility of using ADR before doing so. There are more ADRs in the UK vis-à-vis USA.

Conciliation and Mediation: Conciliation and Mediation are typically free-of-charge and offered before arbitration because they are less formal methods of resolving disputes. While conciliation centers on what you and the trader want and attempts to solve the problem to mutual satisfaction, mediation focuses on the problem and the best way to solve it. Mediation is a voluntary, confidential form of ADR, which recruits an independent, impartial person to help reach a solution, supported by you and the trader.

Mediation is flexible in that the mediator can talk to you and the other side together or separately. Although independent, mediators do not make judgments or determine the outcome of the dispute. Their role is to:

· Ask questions that identify hidden problems.

· Enhance the parties’ understanding of the issues.

· Assist the parties in clarifying the options for resolving the dispute.

Adjudication: Adjudication is independent, less formal than arbitration and usually free to use. An arbitrator examines the written evidence that you and the trader submit and makes a decision. Most arbitrators are experts in the field you are complaining about and should be approved by the Chartered Institute of Arbitrators (CIArb).

Arbitration: Arbitration involves an independent arbitrator – normally from the CIArb – deciding the outcome of your complaint, which is based on consideration of written evidence you and the trader submit. The arbitrator’s decision is legally binding; you will not be able to attend court later if you do not agree with the decision.

Ombudsman Schemes: The ombudsman schemes can only be used if you have exhausted the trader’s internal complaints service. The schemes, free for consumers and a paid service for traders, cover:

· Financial institutions, such as banks and insurance companies

· Retailers (offline and online)

· Energy firms

· Telephone and internet service providers

· Furniture removers.

Small Claims Court : If you are bringing a small claim action in court, you will be sent an allocation or directions questionnaire, asking if you wish to settle the matter out-of-court using ADR. You can only use ADR if the trader agrees (ibid).

Using a Consumer Guarantee

Guarantees for goods in Australia:

So which products and services are guaranteed? Businesses must guarantee products and services they sell, hire or lease for:

Ø < $40 000

Ø > $40 000 that are normally bought for personal or household use.

Business vehicles and trailers are also covered, irrespective of cost, provided they are used mainly to transport goods. Businesses must provide these automatic guarantees regardless of any other warranties they give to you or sell you. If a business fails to deliver any of these guarantees, you have consumer rights for:

Ø Repair, replacement or refund.

Ø Canceling a service.

Ø Compensation for damages and loss.

Consumer guarantees on products and services:

Since 1 January 2011, the consumer guarantees on products and services apply to a vast range of products and services, which, if they fail, allow customers to claim a remedy.

Ø For Products: You can claim a remedy from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities. The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss. The retailer can’t refuse to help you by sending you to the manufacturer or importer.

There are further clauses that allow you to claim a remedy directly from a manufacturer or importer with a caveat that you are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value, and, in some cases compensation for damages or loss.

Ø Services: You can claim a remedy from the supplier if the services do not meet any of the consumer guarantees in relation to services. Remedies include canceling a service and in some cases compensation for damages and loss.

In all fairness, there are exceptions to guarantees, listing grounds under which consumer guarantees do not apply. Going further, there is a separate list wherein rights to a repair, replacement, refund, cancellation or compensation do not apply to items.

Guarantees for goods in New Zealand

The NZ Consumer Guarantees Act (CGA) as amended on 17 June 2014 sets out certain guarantees that goods have to meet. The guarantees are similar to most conditions obtaining globally, e.g., any goods that you buy must:

· Be of acceptable quality.

· Be fit for a particular purpose.

· Match any description given to you, and so on.

One of the guarantees applicable from 17 June 2014 is that purchased goods arrive on time and in acceptable condition. This came in because New Zealand is an isolated island country which has very high import bills. If a guarantee is not met, you may have rights against the retailer (or, in some cases, the manufacturer) to put the problem right. Do the same if you've bought goods that are faulty or unsatisfactory.

Goods must be of acceptable quality. Acceptable quality' means that goods must be fit for their normal purpose, safe, durable – last for a reasonable time, have no minor defects and are acceptable in look and finish. When deciding whether goods are of acceptable quality, the test is whether a reasonable person would find the goods acceptable taking into account the nature of the goods, the price paid, any information on the goods or the package, anything said by the manufacturer or retailer about the goods and all other relevant circumstances.

There is a new acceptable quality guarantee in the amended Consumer Guarantees Act that specifically applies to your supply of electricity or gas. The other broader considerations are:

o Goods must be fit for a particular purpose.

o Goods must match description.

o Goods must match a sample or demonstration model.

o The retailer must have title to the goods.

o Goods must be a reasonable price.

o Delivery guarantee – goods must arrive in acceptable condition and on time.

o Spare parts and repair facilities must be available.

o Terms of manufacturer's express guarantee (i.e., their warranty) must be met.

Guarantees for services:

The Consumer Guarantees Act (CGA) sets out certain guarantees that services have to meet. The four guarantees services must meet are that the service will be:

carried out with reasonable care and skill.

fit for any particular purpose that you’ve told the service provider about.

carried out within a reasonable time if you haven’t agreed the time for completing the work.

charged for at a reasonable price if you haven’t agreed a price for the work.

If the services you receive don’t meet any of these four guarantees, you can seek a remedy from the service provider.

Guarantees in the UK

The United Kingdom, as member state of the European Union, is bound by the consumer protection directives of the European Union. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law.

With some goods you may have a manufacturer’s guarantee. If there is a registration card that needs to be returned to the manufacturer, make sure that the seller has filled in details of the purchase otherwise the card might not be valid. For the guarantee to be effective, do ensure that you return the registration card to a stated address. Make sure you keep the documentation supplied with the goods that tells you how to make a claim under the guarantee. Also, guarantees cannot be legally used to exclude or limit a shop’s or dealer’s liability for selling goods that are defective or do not correspond with their description.

Using guarantees:

If you have bought faulty goods or had shoddy work done and have a guarantee or warranty, you may be able to solve your problem by dealing with the company who issued it. It may be better to follow this course of action if:

· The retailer has gone out of business or has refused to sort out your problem.

· You did not pay for the work which was carried out, e.g., something installed in your house but paid for by the previous owner.

Types of guarantees and warranties:

· A guarantee or warranty from the manufacturer with the goods may enable you to claim a free repair or replacement within a set time.

· An extended warranty may entitle you to reclaim the cost of repairs for a longer period of time, like improvement work done on your house.

If you have a guarantee or warranty, read it carefully to make sure that:

· You fully understand it.

· It covers your problem and offers an acceptable solution.

· You’re still within the valid timeframe.

· You’re willing to pay any extra costs involved.

Important points to remember:

1. You may still have your normal rights against the supplier. But you may need to prove that the fault under contention was caused by something covered by the guarantee or warranty.

2. A free guarantee or warranty offered by a manufacturer or trader is legally binding. It should be written clearly and must be made available for viewing on request. It must also state that it does not affect your legal rights (ibid).

Regulating consumer affairs in the USA

When you make a major purchase, the manufacturer or seller makes an important promise to stand behind the product− a warranty. FTC requires that warranties be available for you to read before you buy even when you're shopping by catalog or on the Internet (refer pp 50-54).

A variety of laws at both the federal and state levels regulate consumer affairs, under whose aegis warranties fall. Among them are the federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Truth in Lending Act, Fair Credit Billing Act, and the Gramm-Leach-Bliley Act. Federal consumer protection laws are mainly enforced by the Federal Trade Commission, the Consumer Financial Protection Bureau, and the U.S. Department of Justice.

At the state level, many states have adopted the Uniform Deceptive Trade Practices Act. Missouri has a statute called the Merchandising Practices Act. Consumers, through the Attorney General’s office can press charges against people who knowingly use deceptive business practices in a consumer transaction. Consumers are authorized to hire a private attorney to bring an action seeking actual plus punitive damages, and attorney's fees.

The majority of states have a Department of Consumer Affairs devoted to regulating certain industries and protecting consumers who use goods and services from those industries. For instance, in California, the California Department of Consumer Affairs regulates about 2.3 million professionals in over 230 different professions, through its 40 regulatory entities.

Preventing Problems− To reiterate:

· Read and understand the warranty before you buy.

· Consider the reputation of the company offering the warranty. Don’t get rooked by fly-by-night smooth talking salespersons.

· Save your receipt and file it with the warranty.

· Perform required maintenance and inspections.

· Use the product according to the manufacturer's instructions.

Where to Go for Consumer Help

It can be confusing deciding who to contact when you have a consumer problem. Some agencies have been covered in respect of consumer rights, but on a different plane.

australia

1. The Business: In Australia, the first place to contact is the business itself. The owner, manager, or customer service contact is often able to fix the problem quickly.

2. State and Territory Consumer Protection Agency: Your local state and territory consumer protection agency (also called 'consumer affairs' or 'fair trading') can provide you with data about your rights and options. They may also be able to help negotiate a resolution between

you and the seller.

3. Industry ombudsmen and dispute resolution: Some industries have a national ombudsman (such as the Telecommunications Industry Ombudsman and the Financial Industry Ombudsman). Other industries (such as energy) have industry ombudsmen and dispute resolution offices in each state and territory.

4. The Australian Competition and Consumer Commission (ACCC): Contact the ACCC for data about your consumer rights and obligations, and possible courses of action you might take. As already stated, the ACCC doesn’t resolve individual complaints, but uses the information you provide to help them understand what issues are causing the most harm to Australian business and consumers, and where to focus their compliance and enforcement efforts.

5. State and territory small claims tribunals: You may be entitled to take your complaint to your local state and territory small claims tribunal. Your local tribunal can advise you on their dispute resolution processes and how to lodge a claim.

6. Legal advice: Consider getting independent legal advice about what options are available and suit your circumstances. Make sure that you get legal advice first, as legal action can be expensive and there is no guarantee that you will be successful.

North Ireland

The Competition and Consumer Protection Commission was formed on 31 October 2014 following the amalgamation of the Competition Authority and the National Consumer Agency. On that day the Competition and Consumer Protection Act 2014 came into force.

The Commission has extensive legal powers and a broad mandate which includes, inter alia:

o Investigating and challenging practices damaging to consumers and/or the wider economy.

o Providing information to consumers to help them make informed decisions.

o Bringing anti-competitive behavior and practices that are harmful to consumers to an end.

They are available if you want to report a business to them.

THE USA

The FTC recommends that you file a complaint through their Complaint Assistant, which is where your complaint, if filed with the FTC, would go in any case (pp 49-54). Complaints from consumers help FTC detect patterns of fraud and abuse. The FTC would like to know about your complaint and the user-friendly Complaint Assistant will help guide you. We have also seen the process of filing a complaint without going through the Complaint Assistant.

We have had a look at the Consumer Financial Protection Board (CFPB), and seen how it can help victims of financial mismanagement (p 25). Different states have different procedures and it might be worthwhile having a look at procedures in North Carolina and Kentucky.

North Carolina: The Department of Justice is charged with providing law enforcement, legal and consumer help across North Carolina. Their priorities are fighting crime and fraud and providing the right information for people to make smart decisions about their safety and their money. Their video/ videos can be quite educative.

Kentucky: Their official website repeats everything you have read in this essay, except that it stays within the state. Starting with pesky sales calls, where it informs you how to file a telemarketing or "no-call" complaint, it adds advice on how to file a consumer complaint using their online consumer complaint form or their print forms and how to call the Consumer Protection Division. All other headings and subheadings have been covered in this essay. It stresses the facts that:

o They cannot act as your private attorney.

o They can only file suit to protect the public interest.

o Lawsuits may not recover money for consumers.

o They may refer you to another agency.

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Know Your Rights

Every time you buy an item from anyone in the UK, he, as a vendor, is vicariously endorsing the minimum performance guarantees listed on the packing case or commonly communicated by the media. The item has to meet three basic criteria, among others specific to type. These three, as explained earlier, are:

1. Quality: As specified, i.e., satisfactory as described.

2. Working and condition: As described.

3. Fit for its purpose.

For consumer rights, contact Citizens Advice. They can also refer your complaint to local Trading Standards officers who will then investigate on your behalf. You can also get information about complaints, refunds and repairs. You can complain to an ombudsman, a person who investigates complaints about organizations gratis. You can use an ombudsman to resolve a complaint without going to court. There are different ombudsmen for different industries. For money matters, you can get free help from the Money Advice Service about anything to do with money, e.g., managing debt. Finally, you can contact the UK European Consumer Centre if beset by problems buying from another EU country.

Consumer rights: Quick ‘dos and don'ts’. The DOs

§ Spend gift vouchers quickly

§ Take things back as quickly as possible

§ Write 'it's a gift' on receipts

§ Check suitability before buying

§ Return it to the store, not the manufacturer

§ Ensure Christmas delivery's specified

§ Consider paying by credit card if it's over £100

§ Remember it's about expectations as well as rights

DON'T

§ Think 'no receipt' means 'no return'

§ Think eBay's different

§ Think you've no rights with freebies

§ Assume you can exchange it if it's the wrong size

§ Think buying online means fewer rights

In the UK, you are legally protected by the Sale of Goods Act 1979, as amended. Now for the terms:

1. Satisfactory as Described: If you’ve bought a pure wool garment, as stated on its packaging or media ads, but find that it has an artificial mix, the item fails the test. Satisfactory quality is subjective. The law says "satisfactory" is what you would reasonably be happy with, looking at all of the information easily available to you, such as its price and condition.

2. Working and condition: As described. A new food processor must look brand new and sparkling clean, untouched by hand till you break the seal and open it. It should last 4-5 years and not squawk into the bucket in six months.

3. Fit for purpose: Say you buy some new car headlights without checking which car they're for – if you get the wrong ones, that doesn't make them faulty. Yet, if you get them having asked the shopkeeper if they'd work in your car – even though the box didn't say yes or no – then they aren't 'fit for purpose' and you can get your money back.

Goods: Goods are anything you can hold; a T-shirt, toaster or a tepee, whether new, second-hand or bought online, whereas Services include everything from dentists to diners.

Second-hand or 'on sale' doesn't mean second-rate. Even if the item's second-hand or reduced, it doesn't mean you get second-rate consumer rights, except where the seller pointed out the specific problems before you bought it AND you accepted it. The same consumer rights rules apply to second-hand and sale goods from shops. They must be of satisfactory quality and, if they're faulty, you can return them.

The rules change with private sellers. If you're buying second-hand goods from a private seller (someone who doesn't sell goods for all or part of their living), your rights are nowhere near as strong as when buying from a shop. The only protection is that it's correctly described and the owner has the right to sell it. Here, it really is a case of caveat emptor.

Know who's responsible-the vendor. What proof do you need? The bill of sale and the extra benefit from The Sale And Supply of Goods To Consumers Regulations. When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, it's up to you to prove they were faulty when you bought them.

Your rights when buying Services: If things go wrong, you've powerful protection from the Supply of Goods and Services Act 1982, which demands that any service provided in England, Wales and Northern Ireland (common law in Scotland has similar effect), should be carried out with. . .

§ Reasonable care and skill

§ At a reasonable cost, and

§ Within a reasonable time

The term reasonable remains open for debate. Legally, it means the level of service must be one that you or any other normal person would also consider to be reasonable (ibid). Buying on the web, mail order or from home is a complex issue and best taken step by step.

The complaint checklist:

§ Know what outcome you want.

o Do you want to exchange the goods / continue the service?

o Do you want a full refund?

o Do you want compensation and, if so, what kind?

§ Act as soon as possible.

o How long you've taken to respond.

o Have you altered the goods?

§ Stop using it as soon as you can.

§ Keep a diary and keep a log of any extra costs.

§ Collect evidence.

§ If you're forced to pay, do it 'under protest'.

Northern Ireland: In Northern Ireland, the common understanding of who a consumer is stands. But you are not a consumer if you:

· Receive goods as a gift.

· Buy goods for commercial purposes (i.e. you will be using the goods for commercial and not private use).

· Buy goods for private use that are normally used for business purposes.

· Buy goods from an individual who is not in business (i.e. you buy a car from an individual whose normal business is not selling cars).

Competition and Consumer Protection Commission:

The Competition and Consumer Protection Commission (CCPC) is the statutory office with responsibility for providing advice and information to consumers on their rights. In addition, the CCPC is responsible for the enforcement of a wide range of consumer protection laws. The CCPC does not intervene or become involved in individual issues or disputes between consumers and sellers of goods or services providers, but it can advise you if you have a particular consumer problem.

Consumer contracts are protected by the Sale of Goods and Supply of Services Act, 1980. The same rules as applicable in the rest of the UK apply here. If you have a problem with an item that you have bought it is always the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the costs of the item or service to the consumer.

Further information on your rights when goods are faulty is available on consumerhelp, i.e., if you are not satisfied with the seller's response you may be able to take a claim to the Small Claims Court. If you made your purchase using your debit or credit card you may be able to get your bank or credit card company to reverse the transaction.

Consumer rights and guarantees: AUSTRALIA

The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service:

· Consumer guarantees

· Repair, replace, refund

· Canceling a service

· Compensation for damages and loss

· Warranties

New Zealand

Under the Consumer Guarantees Act as of 08 June 2014, your consumer rights are expressed as a series of "guarantees" that a seller automatically makes to you when you buy any goods or services ordinarily purchased for personal use.

The Act covers the goods (new and second-hand) and services ordinarily purchased for personal, domestic or household use. The Act applies to gifts also. If you're given something, you have the same rights as if you bought it yourself, and can seek redress directly for any problem. It also applies to goods that you hire.

"Goods" include pretty much everything in and around the home – from appliances to vehicles, furniture to food. Gas, electricity, water and computer software are also covered.

"Services" include things done by tradespeople like plumbers and painters, professionals like dentists and lawyers, after-sales and repair services from shops, and all the services you get from insurers, petrol stations, travel agents ... in general, if you pay for it, it's covered.

The guarantees: Under the Act, your consumer rights are expressed as a series of "guarantees" that a seller automatically makes to you when you buy any good or service ordinarily purchased for personal use. These guarantees are the same as seem to be applied globally. There is one addition, though:

Manufacturers (including importers) in New Zealand guarantee that:

o Spare parts and repair facilities will be available for a reasonable time.

o They will honor any written warranty that comes with their products.

o Goods are of acceptable quality.

o Goods match their description.

Putting it right: If something goes wrong, you have the right to insist that the seller or service provider fixes things, as prevalent internationally (ibid).

o If the problem is minor, and can be fixed, the retailer can choose to either repair, replace or refund.

o A service provider must fix the problem within a reasonable time.

o If the problem can't be fixed, or can't be put right within a reasonable time, or is substantial, you can:

· Reject the product and choose a replacement of the same type and similar value or a full refund of your purchase price; or

· Claim compensation for any drop in the value of the product or service.

· Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or

· Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.

When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it – by cash, check or credit card charge reversal.

Consequential loss: In addition to these rights, consumers may also claim for any reasonably foreseeable extra loss that results from the initial problem. If your new washing machine won't work properly you can claim for laundry costs or the cost of hiring a replacement machine while the first one is being fixed.

If you have to post or courier goods back to be repaired, you don't have to pay for those costs.

The compensation for consequential loss must put you back in the position you would have been in if the goods or service hadn't been faulty.

Fit the Description Given

England

When you buy something, the Sale of Goods Act 1979 says the item must match its description, e.g., if a jumper is described on a label as being 100 percent wool it must be made only of wool. If you realize an item doesn't match its description when you get it home or you receive it, you may have the right to return it to the seller and ask for a refund.

What it means: Nearly every sale of goods involves a description of some kind. The description may just be the label on the goods or the wording, or photograph on the packaging. Sometimes the description is a verbal or written description given by a salesperson. For example, a used car may be described by a garage salesperson as being a 2012 model.

A description is particularly important if you're buying goods you have only seen described or pictured in a catalogue or on a website. The goods you buy must match any description you were given by a salesperson and must also match any photograph.

Clothes labels: Labels on clothes can cause problems because there is no legal definition for sizes or the terms 'small, medium or large'. If clothes described by size don't fit you have no legal right to a refund although many sellers will in practice have a returns policy. However, if clothes are incorrectly labeled then you do have a right to a refund. For example, a skirt with a label that describes it as having a length of 90 cm (3’) must measure 90 cm.

Similarly, if you buy an item by looking at a sample, the goods must match the sample as well as their description. For example, if you order a carpet based on a sample of a pure wool carpet, the carpet delivered must also be pure wool and not a mix of wool and other fabric.

Misrepresentation: If a business seller makes a false statement to persuade you to buy goods, they may have committed a criminal offence. You may want to report the trader to Trading Standards who have power to investigate this type of offence. For example, a trader selling burglar alarms may falsely tell you that you need an alarm because there is a higher than average rate of burglaries in your area. If you think you've bought something because of a false statement made by a business or private seller, you may have the right to end the contract and get a refund under specific misrepresentation laws enacted in all of the UK, albeit on different dates. A common Act is the Consumer Protection from Unfair Trading Regulations 2008.

What can you do if goods don't match their description? If goods don't match their description and you have only had them for a very short time and not used them, you should return them to the seller and claim a refund, regardless of where you bought the goods. You should say that the goods have been 'misdescribed' and you would like a refund under the Sale of Goods Act 1979. If you've had the goods for a while, you may have lost the right to a refund, but you can still ask the seller for a repair, replacement or some of your money back.

NEW SOUTH WALES AUSTRALIA

As a supplier or manufacturer, you guarantee that the description of goods – for example, in a catalogue or television commercial – is accurate. If the goods do not match the description – for example the goods are a different color or size – the consumer is entitled to a remedy. A remedy is an attempt to put right a fault, deficiency or a failure – for example, repair, replacement and refund. You cannot argue that the consumer inspected the goods before purchase and should have picked up any errors in the description.

Samples: You also guarantee goods will match any sample or demonstration model shown to the consumer. For example a sample of fabric is used to sell a couch but the couch delivered to the consumer is a different color from the sample. The consumer has a right to a remedy.

Hidden defects: Goods sold by relying on a sample or demonstration model must not have any hidden defects. If the consumer does notice any defects, these must not be serious enough to make the goods of unacceptable quality.

In the UK, Christmas shopping online is supposed to be easy, convenient and risk free. But when things go wrong, what are your rights? There is no change in your rights. Generally traders accept refund orders without much ado. Remember, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, retailers have, in most cases, up to 30 days to deliver.

If the retailer refuses to give you a refund, repair or replace your item, you should make a formal complaint.

If you’ve bought an item on eBay, the rules are more complicated. Items are only covered if you’ve bought outright, or following a direct offer to the seller, not at auction.

Be of Satisfactory Quality

This is the second stipulation in accepting an item on sale for hassle free trading on a global scale. In the UK, barring N Ireland, the Sale of Goods Act 1979 (SOGA) as amended, specifies this proviso.

Satisfactory Quality is an implied term in a contract for the sale of goods within the meaning of the Sale of Goods Act 1979. Goods are of satisfactory quality if they meet the standard which a reasonable person would regard as satisfactory, taking account of:

· Any description of the goods;

· The price; and

· All other relevant circumstances (section 14(2A), SOGA).

In addition, the quality of goods includes their state and condition and the following factors (among others) are to be taken into account in determining whether goods are of satisfactory quality:

· Fitness for all the purposes for which goods of that kind are commonly supplied;

· Appearance and finish;

· Freedom from minor defects;

· Safety; and

· Durability (section 14(2B), SOGA). The Sale of Goods Act 1979 doesn't say exactly how long goods should last. The general rule is that goods should last for a reasonable time and in reasonable condition. For example, a new car should last for several years in a reasonable condition but you may need to replace some of its parts over time.

· Wear and tear. A seller isn't responsible for fair wear and tear, so you can't claim goods are unsatisfactory just because they've become a bit worn over time. For goods to be unsatisfactory they need to be faulty when you bought them, even if you didn't discover the fault until later.

What can you do if goods are not of satisfactory quality? If goods aren't of satisfactory quality you may have the right to return them to the seller and claim a refund. However, you may lose this right if you have accepted the goods. If this happens, you can still ask the seller for a repair, replacement or partial refund.

Fit to Purpose

The third principal clause in any consumer guarantee is that the goods will be fit for purpose. What is meant is that the trader guarantees that goods will be reasonably fit for any purpose that the trader or the consumer specifies - the goods will do the job the consumer was told they would, e.g., a keen swimmer buys a watch, which the trader says is waterproof and suitable for swimming. On his first swim wearing the new watch, the watch stops working as it filled with water. The swimmer would have the right to a remedy from the trader.

This principal is valid even if it is the consumer who specifies purpose of goods as he might want goods to do a specific job or achieve a specific purpose, different from the normal use or purpose of those goods. A trader guarantees that goods will be fit for such a special job or purpose if the consumer, before buying the goods:

1. Expressly or implicitly told the trader what they wanted to use the goods for, and

2. Relied on the trader’s knowledge or expertise when deciding whether the goods were suitable for that use or purpose.

Consider this example: A consumer tells a car dealer that he wants a car capable of towing his boat, describing the boat and its trailer explicitly. The dealer sells him a car that the dealer says will do that job. The car’s normal purpose is to transport people but, as the consumer has told the dealer that he wants to use the car to tow a boat, then the car must be able to do so.

This guarantee does not apply if the trader can show that the consumer did not ask for the trader’s advice based on the trader’s skill or judgment when buying the goods.

By definition, good design implies safe design. The EU and member states of the European Economic area (EEA) - Iceland, Liechtenstein and Norway list products covered by specific safety regulations. A CE mark is a manufacturer’s claim that its product meets specified essential safety requirements set out in relevant European directives.

In Australia, suppliers need to be cognizant of the fact that product safety is part of that ‘fit for purpose’ condition, as per consumer laws of 2011 and accompanying safety laws. A supplier must nominate the standard with which they are compliant if required to do so by a consumer protection agency; non compliance in this respect is a criminal offence.

Credit Card Purchases

In the UK

In the UK, if you buy goods or services on your credit or debit card, you could have extra protection if things go wrong compared with paying by cash or check. Credit cards have the greatest protection, potentially giving you a claim against your card provider under Section 75 of the Consumer Credit Act of 1974 as amended to keep it up to date.

Section 75 of the Consumer Credit Act also applies to foreign transactions as well as goods bought online, by telephone or mail order for delivery to the UK from overseas.

Making a Section 75 claim:

There are some limitations to when a card company is liable along with the retailer or trader. The item or service you bought must have cost over £100 and not more than £30,000. However, to claim under Section 75 you don't have to have paid more than £100 or the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.

It's the value of the goods you're buying that is key - not the amount paid on the card, e.g., if you ordered new kitchenware worth £800 from a utilities store and paid a £80 deposit with your credit card and the balance of £720 by check, you would be covered for the whole £800 if the dealer went out of business and you didn't get your kitchenware.

Section 75 gives you the same rights against the card company as you have against the retailer. So if your claim against the trader is for the cost of fixing or repairing an item, this would be the claim you could bring under Section 75 against the card provider.

However, if you bought two items that together cost more than £100, but each cost less than £100, the card company wouldn't usually be liable. You may still be covered by chargeback. You can make a claim even if an account is closed and that Section 75 can apply to credit card transactions made abroad.

Under Section 75 of the Consumer Credit Act, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the company. This means it is just as responsible as the retailer or trader for the goods or service supplied, allowing you to also put your claim to the credit card company.

You don't have to reach a stalemate with the retailer or trader before you can contact your credit card provider - you can make a claim to both the retailer and credit card provider simultaneously, although you can't recover your losses from both. This right is particularly useful if the retailer or trader has gone bust, or it doesn't respond to your letters or phone calls.

Payment by debit card: Section 75 applies only to credit cards and not to debit cards or charge cards (where all charges must be settled at the end of the month). If you use a debit card, it's possible that you may be able to use chargeback instead to get some or all of your money back.

Where Section 75 doesn't apply: There are some transactions where there are arguments that Section 75 may not apply - these include where the payment has been made through an online payment service and where a third party is involved, such as where you buy goods or services through an agent, rather than directly from the seller or supplier. Cash withdrawals using your credit card are not covered, either.

Payments through Paypal:

If you use your credit card to pay for something through PayPal and the funds go direct to the seller, then as long as the company you're buying from has a 'Commercial Entity Agreement' with Paypal you may still be able to claim against your credit card company under Section 75 for any misrepresentation or breach of contract. There are arguments that having another party involved in the process takes away the Section 75 protection.

PayPal offers its own buyer protection scheme, called PayPal Buyer Protection, so it's worth checking if you'd be covered by that if you have a problem with your purchase. If you particularly want to have the protection of Section 75 then look to pay the trader direct with your card.

Additional cardholders:

If your partner has a credit card and has added you as an additional cardholder, it's usually best to get the main cardholder (your partner) to make any big purchases, rather than using the extra card yourself. This doesn't mean that purchases made by a secondary card holder won't be covered, but it's best for the primary card holder to make larger purchases if you want to be sure of protection under Section 75.

Financial Ombudsman Service:

If your credit card company doesn't accept that you have a claim and refuses to pay up, ask for a letter of deadlock so that you can refer your dispute to the Financial Ombudsman Service (FOS).

If more than eight weeks have passed since you submitted your claim to your credit card provider, you can refer your claim to the FOS straight away without the need for a deadlock letter (ibid).

Credit Card Purchase Protection Plans in the USA

If a thief swipes your designer LVMH handbag full of expensive items, you could be protected if you bought the item with a credit card that has purchase protection. Purchase protection is a type of insurance that is offered as a benefit on some credit cards.

Consumers who use any credit card to buy an item that turns out to be defective can complain to their credit card company and possibly get their money back, with some restrictions, thanks to consumer protections under federal law, since it basically means disputing a charge.

Purchase protection is one of the benefits that is more often found on a higher-end card such as an American Express card, a Visa Signature card or a World Elite MasterCard. Some cards have really rich benefits, but some consumers don't know about or forget to take advantage of it.

Purchase protection can be used in a variety of situations, but what is covered varies by card and by the individual situation. Examples of losses that might be covered by American Express, depending on the case, include a bike getting stolen, a dog chewing up a new pair of shoes or a camera falling into a swimming pool. However, if that camera fell into a lake or ocean and the cardholder couldn't recover it, it might not be covered.

Getting coverage through purchase protection typically involves calling the card issuer, filling out a claim form and submitting it with documentation of the loss, experts say.

The bad news is that it's up to the credit card company to decide whether your purchase protection claim gets approved. Decision is on a case-by-case basis. The company reviews all the circumstances and looks at the big picture. Just because it's covered in one case does not mean it will necessarily be covered in another case.

The details of coverage vary by card issuer but, according to descriptions of benefits from several issuers, many exclude a long list of specific types of items that range from animals to cars and boats to food and other consumable items to all kinds of tickets. So, if your new puppy gets sick, your Belgian chocolate melts or your front-row Cirque du Soleil tickets are snatched from your back pocket, you might be out of luck.

In addition to exclusions based on the type of item, many card issuers say in their descriptions of benefits that they won't cover items that are lost in certain ways. For example, many credit card companies exclude things stolen from cars, left out in public out of arm's reach, stolen from a gym or school due to carelessness or taken out of luggage that was not with its owner.

Also, many issuers say they won't cover stuff lost in a plethora of catastrophes, including: war, rebellion, insurrection, terrorist acts, flood, earthquakes or via radioactive contamination, and normal wear and tear. So, it's important to check the coverage and exclusions for your card before you need to use purchase protection, experts say.

Prepare − Before You Need Protection

If you have a card that offers purchase protection, learn how to make the most of the benefit:

· Learn your coverage amounts. The per-incident dollar limit can vary widely by card -- in fact, it could be anywhere from $500 to $10,000, depending on the card, according to the fine print on the descriptions of benefits for a variety of cards.

· Remember to use your card for big purchases. It's a good idea to use a card with purchase protection to buy any valuable item that might get stolen or damaged.

· You should always charge these six types of purchases on your credit card.

· If you have a loss, document it. Credit card issuers typically ask for some kind of proof of the loss. For example, photos of a broken item or a police report (some cards require you to file one within 48 hours) if an item is stolen. After a theft, the biggest thing to remember is to file a police report, even if it is a basic one over the phone.

· Don't wait too long. Call your company as soon as possible after a loss, Sherry says. Some cards require that you report the loss within 30 days, and many require you to submit the claim form and documentation within 90 days.

· If you're sure an item isn't covered, try anyway. What if you break a pricy new bottle of French perfume, but the paperwork that came with your card says consumable or perishable items, including perfume, are not covered? Call anyway. You might just be lucky!

If you don't have purchase protection now, it might be worth considering the next time you're shopping for a new credit card. Even if you don't think you'll use it, it's good to have.

Also, many issuers say they won't cover stuff lost in a plethora of catastrophes, including: war, rebellion, insurrection, terrorist acts, flood, earthquakes or via radioactive contamination and normal wear and tear. Do compare credit cards before settling on one.

Warranties

A warranty is a promise by a maker, distributor, or seller of a product that the product will have specific characteristics or will suit specific uses (refer pp 49-55). Warranties can be either written or oral, although written warranties are de rigueur. Consumers usually receive written warranties with the purchase of new cars, televisions, appliances, and electronic equipment. Some sales contracts may already incorporate a warranty.

An express warranty arises out of an agreement between the seller and buyer and can be either written or oral. An incorporated or implied warranty is never in writing. An implied warranty is imposed by law. You are entitled to protection under Federal and state laws when you purchase certain goods. The primary statutes governing warranties are the Uniform Commercial Code (UCC) and the federal Magnuson-Moss Warranty Act.

The UCC defines a warranty as a promise or affirmation made by the seller to the buyer of goods that is relied on by the buyer in making a decision to buy a product, and so becomes part of the sales contract between the buyer and seller. Under both the UCC and common business practice, warranties can be either express or implied.

As stated earlier (p 50), the Magnuson-Moss Warranty Act governs all virtually all consumer product warranties in the U.S. for products costing more than just a few dollars. The law requires retailers that offer written warranties to meet certain standards, such as making it available for consumers to read before purchasing. While it does not require merchants to offer written warranties, they are required to follow the act as soon as they do offer one. All written warranties must be written plain language (in other words, no "legal jargon" or otherwise confusing text).

Where to Go if You Have a Problem: If you have a problem with a product, check to see if its warranty is still in effect. Next, call the store where you purchased the product to see if it will either replace or repair the item for you. If the store is unable to assist you, contact the manufacturer (ask the retailer or look on the warranty card for the address or telephone number). The manufacturer may refer you to an authorized service center. (For information on negotiating for repairs, refer to Remedies: Effective Negotiation) If you are unsuccessful in getting your problem addressed, the following agencies may be of assistance:

1. The NH Consumer Protection and Antitrust Bureau.

2. If a warranty does not follow the guidelines stipulated by the Magnuson-Moss Warranty Act, contact the FTC.

3. The Better Business Bureau of New Hampshire.

The warranties extant in Australia, New Zealand and the UK are at pp 79-82.

Lifetime Warranties:

The actual scope of a so-called "lifetime" warranty often is stated in the fine print. Most often, such a warranty covers the product for its lifetime on the market. This means the lifetime warranty ends either at the time the item is discontinued or sometimes a few years beyond that point.

Some lifetime warranties cover the product for as long as you own it, which means the warranty is disclaimed (or voided) the moment it is resold or given away. Look for the word "limited" in front of the words "lifetime warranty," which will be accompanied by language (usually in fine print) explaining its terms.

Voiding a Warranty:

Federal and state laws govern disclosure rules for conditions that might invalidate a warranty. Implied warranties may be invalidated by the words "as is" or "with all defects" in some states, while prohibited in others. Merchants typically invalidate warranties if the claim is made after the warranty expires; if the policy does not cover a particular defect or part; if the product failure is caused by misuse; if the claim is made by someone other than the original owner; and other reasons.

Refunds

Refunds are instruments of good will, where a trader refunds the money paid or replaces an item you had bought from him in the recent past. You will be testing his goodwill if you want a refund on a whim or because you changed your mind later for whatever reason.

New zealand

In New Zealand, you ARE legally entitled to a refund if there’s something seriously wrong with the goods or with the way they were sold to you:

· The goods were advertised as “the cheapest in town” and you find them being sold for half the price at a shop around the corner from where you bought them

· You get the goods home and find that the colour is different to the one named on the packaging

· The shop assistant put a size 'small' in the bag, when you asked for an 'XXL'

· You bought goods but they don’t work properly.

There are further grounds as specified in their Consumer Guarantees Act.

You are not automatically entitled to take goods back for a refund if you’ve changed your mind and decide you don’t want the goods. You won’t be able to get a refund on goods if:

· You have buyer’s remorse and wish you hadn’t spent the money.

· You find cheaper goods in a different shop.

· You get the goods home and your wife doesn’t like the color.

· You buy some clothes, don't try them on beforehand and find out later that they're too small.

· You buy goods as a gift for someone and they already have these goods.

Western Australia

After you buy or use a product, you may identify problems with it, in other words, it does not meet a consumer guarantee. Depending on the type of problem (aka failure under Australian Consumer Law) the seller may have to provide a ‘remedy’, such as a refund, repairs, a replacement or compensation. The type of remedy you are entitled to depends on whether the problem is major or minor.

A seller does not have to give a refund if you simply change your mind about something you bought, unless they have a store policy to offer a refund, replacement or credit note when this happens.

If a refund is warranted, then the seller must repay any money you paid for the returned goods, and return any other form of payment you made, for example, a trade-in. If this is not possible, they must refund the value of the item.

If a refund is warranted the seller must not:

· Offer a credit note or exchange card instead of a refund

· Refuse a refund, or reduce the amount, because the goods were not returned in original packaging or wrapping.

North Ireland

If you simply change your mind about something you bought in a shop and decide you don't want to keep it, you do not have any rights under consumer law. Some shops offer to accept returns and give you an exchange or refund within a certain amount of time after the purchase. This is shop policy and a gesture of goodwill and not a legal requirement.

Some shops which do offer exchanges or refunds if you change your mind may only give you a refund in the form of a credit note or gift voucher for the shop, rather than giving you your money back. If the shop is happy to accept back items if you change your mind, then there is an obligation on you to keep the items safe and clean, and return it with all the original labels, tags and packaging. Some shops may exchange an item if you received it as a gift and want to exchange it for something else. In this case, you will need the receipt or a gift receipt from the person who gave it to you. There is no legal requirement for shops to exchange unwanted gifts.

Buying online: The rules for returning something you buy online are different, so make sure you understand them too.

NEW YORK STATE

When shopping for goods, consumers should be aware of store policies with respect to refunds, rebates and rainchecks.

Refunds: A store is legally required to post their refund policy. If the store does not post any return policy, the law requires the store to accept your return within 30 days of purchase. There is no requirement under NYS law for a store to offer a refund in the form of cash, credit, replacement merchandise or other means. Retailers must provide a written copy of the store’s refund policies available and disclose any fees associated with the return.

Suggested procedure:

1. Save all receipts for purchases to allow for ease of returns.

2. Ask for a copy of the refund policy.

3. Ask if the store imposes a re-stocking fee for returned merchandise.

4. Ask if the merchandise has to be in a certain condition for the return to be accepted.

Note: Consumers should check with local consumer affairs authorities for additional protections in their jurisdictions.

California

Before making a purchase in a Californian store, carefully check the store's policy on refunds.

Consumers have come to expect stores or catalog companies to offer a refund, credit or exchange when they return items. Sellers are not required by law to accept returned items unless they are defective. However, California law requires that retailers who have a policy of not providing a cash refund, credit or exchange when an item is returned with proof of purchase within 7 days of purchase must inform consumers about their refund policies by conspicuously placing a written notice about their policies, in language that consumers can understand, so that it can be easily seen and read. Some companies may limit exchanges or returns for credit or refunds on all, or some products. Some may not allow exchanges or returns for credit or refunds at all. But whatever the limitation, it must be conspicuously disclosed.

The policy must be displayed either at each entrance to the store, at each cash register and sales counter, on tags attached to each item, or on the company's order forms, if any. A return policy printed only on a receipt, for example, is not sufficient.

If a store violates this law, the purchaser can return an item for a full refund within 30 days of purchase.

There are exceptions, however to the general rule requiring notice. Notices are not required for sale of perishable goods like food or plants; for items marked, "All sales final," or something similar; for items which are used or damaged; for items customized for the consumer and received as ordered; for items which cannot be resold for health reasons; or for items not returned in their original packaging.

Some stores keep records of consumers who frequently return merchandise and sometimes report that to a central reporting company and may not offer returns or refunds to such customers. The return policy notice must refer to such practice.

Consumers who believe a retailer has violated the law can notify the consumer protection division of their local district attorney's office or by filing a complaint with the Attorney General's Office.

Rain Checks

California law requires retailers who advertise discounts or product specials to have enough products available to meet the expected demand or to provide a substitute product of comparable value at the advertised price. If only limited quantities of advertised specials are to be made available, or if the advertised product will not be available at all store locations, the retailer must disclose that information in its advertising (ibid).

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CONSUMER SAFETY-9

2015-10-07T07:41:00.004-07:00

Protect Yourself From Scams

Better technology unfortunately means better equipped scammers, who are getting increasingly sophisticated in their attempts to get your money or personal details. Be alert and protect yourself from being scammed.

Scams target everyone: Scams target people of all backgrounds, ages and income levels across the globe. There's no one group of people who are more likely to become a victim of a scam. It's not only the naïve and gullible who fall victim; all of us may be vulnerable to a scam at some time.

Scams succeed because they look like the real thing and catch you off guard when you’re not expecting it. They also exploit your desire to be polite and respectful, as well as your generosity, compassion and good nature.

Protect yourself:

Be alert to the fact that scams exist. Beware of unsolicited approaches from anyone you do not know, claimed credentials irrespective, over the phone, by mail, email, in person or on a social networking site.

Know who you're dealing with. Google him/her for details.

Do not open suspicious texts, pop-up windows or emails – just delete them.

Keep your personal details secure. Keep your passwords and pin numbers in a safe place, and not on your computer. Be laconic re personal information uploaded on social media sites. Scammers can use your info and pics to create a fake identity or to target you with a scam.

Keep your mobile devices and computers secure. Always use password protection. Limit your internet use in WiFi hotspots.

Choose your passwords carefully. Change them every quarter.

Beware of any requests for your details or money. Report spam and delete that input.

Be careful when shopping online. If an offer looks too good to be true, it probably is. You are most vulnerable when site-hopping online. In an auction, do not trade outside of the auction website. Do be extra careful.

Avoid using virtual currencies (like bitcoin).

If you’ve been scammed, report it. In Australia, ACCC collects such data via the report a scam page. You may not recover your losses, but some others might-in the future. ACCC also provides guidance on protecting yourself from scams and where to get help.

Health and medical product scams may sell you healthcare products at low prices that you never receive, or make false promises about their ‘cure-all’ products, medicines and treatments. Classified scams trick buyers or sellers into thinking they are dealing with a legitimate contact but it is actually a scammer.

There are scams aplenty everywhere, even in the USA. Common scams are:

Census Related Fraud: Some scammers pose as U.S. Census Bureau workers to collect personal information about you to use for fraud, including stealing your identity. These scam artists may send you letters that seem like official letters from the U.S. Census Bureau, or they may come to your home to try to collect information about you.

If you get mail:

o Check that it is an official letter signed by a U.S. Census Bureau director.

o If you continue to question the authenticity of the letter or form call the Regional Office for your state to verify the household survey. For business surveys please visit our Business Help Site or contact the National Processing Center.

o If someone calls your household to complete a survey:

· Call the National Processing Center to verify the caller is a Census Bureau employee.

o If someone visits your residence to complete a survey:

· Check first for a valid U.S. Census Bureau ID badge.

o If you are still unsure then call the Regional Office for your state to verify you are in a legitimate survey and the visitor is a Census Bureau employee.

o If you get an e-mail and think it is bogus:

· Do not reply, do not click on any links, and do not open any attachments.

· Forward the e-mail or website URL to the Census Bureau at ois.fraud.reporting@census.gov

· Delete the message. The Bureau will investigate and notify you of the findings.

How Seniors Can Protect Themselves from Scams:

Financial scams targeting seniors have become so prevalent that they’re now considered “the crime of the 21st century.” Why? Because seniors are thought to have a significant amount of money sitting in their accounts. Financial scams also often go unreported or can be difficult to prosecute, so they’re considered a “low-risk” crime. However, they’re devastating to many older adults and can leave them in a very vulnerable position with little time to recoup their losses.

It’s not just wealthy seniors who are targeted. Low-income older adults are also at risk of financial abuse. And it’s not always strangers who perpetrate these crimes. Over 90% of all reported elder abuse is committed by an older person’s own family members, most often their adult children, followed by grandchildren, nieces and nephews, and others. Some of these scams are:

1. Medicare/health insurance fraud

2. Counterfeit prescription drugs

3. Funeral and cemetery scams

4. Fraudulent anti-aging products

5. Telemarketing

6. Investment schemes

7. Homeowner/reverse mortgage scams

8. The grandparent scam

Charity Scams

If you’re thinking about giving to a charity, do your research to avoid fraudsters who take advantage of your generosity. When you think about donating to a charity, you may think about donating money. But there’s another type of donation you may not be aware of — gifts-in-kind.

Signs of a Charity Scam

These days, charities and fundraisers (groups that solicit funds on behalf of organizations) use the phone, face-to-face contact, email, the internet (including social networking sites), and mobile devices to solicit and obtain donations. Naturally, scammers use these same methods to take advantage of your goodwill. Regardless of how they reach you, avoid any charity or fundraiser that:

Refuses to provide detailed information about its identity, mission, costs, and how the donation will be used.

Won't provide proof that a contribution is tax deductible.

Uses a name that closely resembles that of a better-known, reputable organization.

Thanks you for a pledge you don’t remember making.

Uses high-pressure tactics like trying to get you to donate immediately, without giving you time to think about it and do your research.

Asks for donations in cash or asks you to wire money.

Offers to send a courier or overnight delivery service to collect the donation immediately.

Guarantees sweepstakes winnings in exchange for a contribution. By law, you never have to give a donation to be eligible to win a sweepstakes.

Report Charity Scams:

If you think you’ve been the victim of a charity scam or if a fundraiser has violated Do Not Call rules, file a complaint with the FTC. Your complaints can help detect patterns of wrong-doing and lead to investigations and prosecutions. There are controls and laws governing charities and businesses that accept donations. The Internal Revenue Service (IRS) with the Better Business Bureau (BBB) has regulations listed on their websites.

The United States Federal Bureau of Investigation (FBI) provides online information about avoiding charity fraud, such as fraudulent schemes that emerge in the wake of natural disasters, claiming to be providing disaster relief. The Internet Crime Complaint Center maintains a list of guidelines to avoid charity fraud when making a donation.

If you are in Australia, report the matter to the ACCC; in the UK, inform the Charity Commission.

Pension Scams: Unfortunately, veterans and their families are targets for some dishonest advisers who claim to offer free help with paperwork for pensions. In short, the scheme involves attorneys, financial planners, and insurance agents trying to persuade veterans over 65 to make decisions about their pensions without giving them the whole truth about the long-term consequences. The unscrupulous brokers claim to help veterans qualify for Aid and Attendance benefits, but in fact may cause them to lose eligibility for Medicaid services or cut off victims from their money for a long time.

Pyramid Schemes

A pyramid scheme is an unsustainable business model that involves promising participants payment or services, primarily for enrolling other people into the scheme, rather than supplying any real investment or sale of products or services to the public. These types of schemes have existed for at least a century, some with variations to hide their true nature.

Pyramid schemes—also referred to as franchise fraud or chain referral schemes—are marketing and investment frauds in which an individual is offered a distributorship or franchise to market a particular product. The real profit is earned, not by the sale of the product, but by the sale of new distributorships. Emphasis on selling franchises rather than the product eventually leads to a point where the supply of potential investors is exhausted and the pyramid collapses.

Pyramid Schemes

A classic scheme is the 8-ball model, calling itself the airliner scheme (ibid).

It kicks off with a person paying, say, $1000, to join the scheme at the lowest level. Above him are four crew, two co-pilots and one captain. Having joined the scheme, this person has to recruit two others to pay $1000 each, which will elevate him one level

to a crew member. As more people join, the crew move up to co-pilots and become captains in turn. On reaching the captain level, he collects $8000 and leaves. As more and more join, the total of 1+2+4+8=15 breakaway and let other groups of 15 form. There have been plenty of winners as captains! The Airliner Scheme has been banned in New York state.

There are now two new captains so the group splits in two with each group requiring eight new passengers. A person who joins the scheme as a passenger will not see a return until they advance through the crew and co-pilot tiers and exit the scheme as a captain. Therefore, the participants in the bottom three tiers of the pyramid lose their money if the scheme collapses.

In a scam, the first three tiers (with one, two, and four people) are just phony names, ensuring they get the first seven payouts, at eight times the buy-in sum, without paying a single penny themselves. So if the buy-in were $1,000, they would receive $8,000, paid for by the first eight investors. They would continue to buy in underneath the real investors, and promote and prolong the scheme for as long as possible to allow them to skim even more from it before it collapses.

Although the "captain" is the person at the top of the tree, having received the payment from the eight paying passengers, once they leave the scheme they are able to re-enter the pyramid as a "passenger" and hopefully recruit enough to reach captain again, thereby earning a second payout.

There are hundreds of pyramid schemes (which are illegal in about 60 odd countries) and scammers continue to rip off gullible people. Australia saw 23 Pyramid Schemes in July 2015, with financial losses reported at A$81, 860. An extensive evaluation of Pyramid Schemes has been carried out by the FTC.

Multi-Level Marketing Schemes

If you have any female friends on Facebook between the ages of 18 and 60, you are probably bombarded with offers from "independent salespeople" for makeup and jewelry and essential oils on a daily basis. These schemes are HUGE right now, with 10 million people in the US (and 20 million worldwide) estimated to be involved with multi-level marketing (MLM) companies.

The idea behind these businesses is simple: They sell you products, and then you try to sell them on to family and friends. You can also make more money by recruiting other sellers (your "downline") and getting a cut of the money they make. It all sounds great on the surface, but don’t even touch this amazing moneymaking opportunity with a bargepole.

Charles Ponzi came up with his famous scheme in 1919, paying off old investors with the money from new ones. In the 1930s, Carl F. Rehnborg started the Nutrilite company which became the first to combine the philosophy behind both direct selling and the Ponzi scheme, and created MLM. Currently, MLMs make $30 billion a year. To put that into perspective, $30 billion is higher than the GDPs of half the countries in the world.

Technically, there is a difference between a pyramid scheme and a MLM. Pyramid schemes, in theory, emphasize recruiting new sellers over actually selling product, but in the end, they do both. MLMs supposedly emphasize selling product over recruiting people, but in the end, they also do both. And MLM is legal in the USA!

Telephone Scams

Communications fraud is the use of telecommunications products or services without intention to pay. The primary instrument is the telephone. If you get a call from someone you don’t know who is trying to sell you something you hadn’t planned to buy, just say "No thanks.” And, if they pressure you to give out personal information — like your credit card or Social Security number — it’s likely a scam. Hang up and report it to the FTC.

Signs of a Scam: Scammers who operate by phone don’t want to give you time to think about their pitch; they just want you to say "yes." But some are so cunning that, even if you ask for more information, they seem happy to comply. They may direct you to a website or otherwise send information featuring “satisfied customers.” These customers, known as shills, are as fake as their praise for the company.

Giveaways: A few red flags to help you spot telemarketing scams are lines that sounds like this−

Ø You've been specially selected (for this offer).

Ø You'll get a free bonus if you buy our product.

Ø You've won one of five valuable prizes.

Ø You've won big money in a foreign lottery.

Ø This investment is low risk and provides a higher return than you can get anywhere else.

Ø You have to make up your mind right away.

Drop the line and file a complaint with the FTC.

According to a 2011 survey by Communications Fraud Control Association, an industry group created to reduce fraud against carriers, the five top fraud loss categories reported by operators were:

· US$4.96 Billion– Compromised PBX/Voicemail Systems

· US $4.32 Billion– Subscription/Identity Theft

· US $3.84 Billion– International Revenue Share Fraud

· US $2.88 Billion– By-Pass Fraud

The Canada Revenue Agency (CRA) is noting an increase in telephone scams where the caller claims to be from the CRA but is not, and is asking Canadians to beware—these calls are fraudulent and could result in identity and financial theft.

Some recent telephone scams involve threatening taxpayers or using aggressive and forceful language to scare them into paying fictitious debt to the CRA. Victims receive a phone call from a person claiming to work for the CRA saying that taxes are owed. The caller requests immediate payment by credit card or convinces the victims to purchase a prepaid credit card and to call back immediately with the information. The taxpayer is often threatened with court charges, jail or deportation. If you get such a call, hang up and report it to the Canadian Anti-Fraud Centre.

The same story is being enacted in the USA. The IRS has seen a surge of these phone scams in recent months as scam artists threaten police arrest, deportation, license revocation and other things. The IRS reminds taxpayers to guard against all sorts of con games that arise during any filing season. They prey on the most vulnerable people, such as the elderly, newly arrived immigrants and those whose first language is not English. Scammers have been known to impersonate agents from IRS Criminal Investigation as well. The advice given is to hang up and complain to the FTC. The video linked above says the same.

The types of phone frauds are legion, in the categories listed below and more:

o Fraud against users by phone companies.

o Fraud against customers by third parties.

o Fraud by phone companies against one another.

o Fraud against the phone company by users.

o Frauds against the phone company by third parties.

Financial Fraud

Financial fraud can be broadly defined as an intentional act of deception involving financial transactions for purpose of personal gain. Fraud is a crime, and also a civil law violation. Many fraud cases involve complicated financial transactions conducted by 'white collar criminals' such as business professionals with specialized knowledge and criminal intent.

Fraudsters wear many different masks. From mortgage scams that target the elderly, Ponzi schemes that shock the world, procurement fraud that steals money from our nation’s coffers, predatory lending that discriminates against vulnerable communities, securities fraud that undermines the trust and transparency of our markets. . . The list goes on.

But the American people have something on their side the fraudsters don’t: the force of the largest coalition of federal, state and local partners ever assembled to combat fraud. The Financial Fraud Enforcement Task Force’s mission is broad, because the problem is broad, and the task force is working tirelessly to combat these and future scams to protect the American people.

President Obama established the Financial Fraud Enforcement Task Force in November 2009 to deter and arrest such fraudsters. The task force is improving efforts across the government and with state and local partners to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, recover proceeds for victims and address financial discrimination in the lending and financial markets.

With more than 20 federal agencies, 94 US Attorneys’ Offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. The Task Force has established Financial Fraud Coordinators in every US Attorney’s Office around the country to help make these broad mandates a reality on the ground.

You would be well advised to visit the website of this task force and learn how to spot felons and how to first thwart them before reporting them as advised to your local law enforcement office.

There is also a need to learn about bribery, embezzlement, identity theft, money laundering, extortion, forgery, insurance fraud, mortgage fraud, racketeering / racketeer-influenced and corrupt organization, confidence tricks, securities fraud, counterfeit money, black marketing, and white collar crimes, to list but a few.

Identity Theft

Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.

Identity Theft Laws: Identity theft laws in most states make it a crime to misuse another person's identifying information -- whether personal or financial. Such data (including social security numbers, credit history, and PIN numbers) is often acquired through

1) The offender's unlawful access to information from government and financial entities,

2) Lost or stolen mail, wallets and purses, identification, and credit or debit cards. Identity theft is one of the fastest-growing crimes in the nation, robbing its victims of time, money and peace of mind. Identity thieves often use the Internet but also can obtain sensitive personal data from trash cans and other unsecured locations.

Clueless Identity Theft: Unlike a robbery or burglary, identity theft often occurs without the victim's knowledge. Most identity theft victims only find out after they see strange charges on their credit card statements or apply for a loan. While prevention is always the best policy, sometimes personal information is exposed through security breaches at banks or companies with which you do business. Thus, identity theft can happen to even well-prepared consumers.

While your fingerprints are unique to you and cannot be given to someone else for their use, your personal data can be used, if they fall into the wrong hands, to personally profit at your expense (ibid).

Some common signs of identity theft: Checking your credit report is the best way to detect fraudulent activity done in your name. Evidence of identity theft typically comes in the form of fraudulent or inaccurate information on your credit report, such as incorrect addresses, name, initials or Social Security number.

Some other signs of identity theft are:

§ Failing to receive bills or other mail related to your accounts (an identity thief may have taken over your account and changed the billing address).

§ Receiving credit cards for which you did not apply.

§ Unexpectedly being denied credit or being offered less-favorable credit terms than expected.

§ Getting calls from debt collectors or businesses about debts or charges you cannot explain.

§ Strange charges/ debts on your accounts that don't make sense or on accounts you didn't open.

How do I know whether my identity has been stolen?

Again, most victims of identity theft unfortunately don't know the crime has occurred until the damage has been done. Assuming you haven't checked your credit report lately, one of the following indicators may be the first sign of identity theft:

§ Bill collection agencies may call or write to you about past due balances for debts you never personally charged.

§ Problems with your credit history, unbeknownst to you, could hold up a car loan or mortgage application.

§ You may receive mail about an apartment you never rented or a job you never had.

How do I access my free Annual Credit Report?

The Fair Credit Reporting Act allows for one free report each year. To get a copy of your credit report, don't contact Equifax, Experian or TransUnion directly, but instead contact the Annual Credit Report Request Service created by these three credit reporting bureaus.

Personal information to be monitored on a regular basis:

§ Your financial statements, especially credit card bills, should be checked closely for irregularities.

§ Monitoring your credit report is perhaps the best way to get an overview of all credit applied for and maintained in your name.

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