If the ACCC has reasonable grounds to believe that there has been a violation of the Gift Card Rules, we may issue a gift card notice. The current penalties for violating gift card regulations are $12,210 for a business and $2,442 for an individual. a fine of up to $10 million for a corporation or general consumer protection; prohibits « the use of unfair methods of competition in trade or to affect trade, as well as unfair or deceptive acts or practices in trade or to affect trade ». 15 United States Code (« U.S.C ») § 45(a)(2). 5.1 Are there any other prohibitions/warranties in consumer law in your jurisdiction that are not covered by the above questions? If so, please describe these prohibitions/guarantees. Consumer protection laws are an important element of a reliable market economy. While « buyers beware » was once the motto of the free market, these regulations help sellers stay honest without the threat of nasty surprises. The FTC encourages consumers to file a complaint if they have been victims of fraud, identity theft, or other unfair or deceptive marketing practices. Consumers can file complaints online at (hyperlink) or by calling 1-877-FTC-HELP.
Consumer organizations or other stakeholders also often file complaints or petitions with the FTC. Consumer groups have filed complaints with the FTC alleging unfair or deceptive practices regarding, for example, Facebook`s facial recognition practices, Instagram influencers` failure to pay for endorsements, and companies` allegedly unfair practices regarding the evaluation of individuals for employment and other purposes. These complaints are often sent to the FTC Secretary and Commissioners` Office. In March 2022, in response to a question from Congressman Kevin Kiley, California`s attorney general said the consumer`s right to know in the CCPA extends to in-house generated conclusions that companies draw from external or internal sources of information. See Office of the Attorney General, Opinion (2022), (hyperlink) The Attorney General concluded that findings under the Act are considered « personal data » and may therefore be disclosed in response to a right-to-information request if they meet two conditions: 1) The conclusion is drawn from the categories of personal data listed in paragraph o) of Article 1798.140 of the Civil Code (a List containing biometric information, geolocation data and customer records, among others); and 2) the conclusion is used to create a prominent consumer profile or consumer characteristic. Id. A deceptive practice is one that « misleads the consumer to the detriment of the consumer who is acting reasonably in the circumstances. » See FTC Policy Statement on Deception (1983), (hyperlink) 7.1 How do the consumer protection authority(ies) attempt or intend to enforce consumer law (e.g. by administrative order or by initiating legal proceedings)? The majority of banks and credit unions use the information in the report to approve, refuse or determine what type of account can be opened with their financial institution. Consumers who have a negative report may not be able to open a current or savings account for five years. At the federal level, PSAC exists: « (1) to protect the public from unreasonable risks of harm associated with consumer products; (2) assist consumers in assessing the comparative safety of consumer products; (3) develop consistent safety standards for consumer products and minimize conflicting national and local regulations; and (4) promote research and research into the causes and prevention of product-related death, illness and injury.
15 U.S.C. § 2051(b). The Motor Vehicle Safety Act « prescribes standards for motor vehicle safety. » 49 U.S.C. § 30101(1). The FD&C Act aims to ensure the safety of food, pharmaceuticals, medical devices and cosmetics. See 21 U.S.C. §§ 301 et seq. There are also many federal laws that deal with the safety of various agricultural products. See, for example, 21 U.S.C. §§ 451 et seq. (as regards poultry inspection and safety); 21 U.S.C. §§ 601 et seq.
(relating to meat inspection and safety). In addition, there are various state laws to ensure the safety of consumer goods and services. See for example 16 Tex. Admin. Code §§ 82.1 et seq. (concerning the regulation of hairdressing salons) and id. §§ 83.1 et seq. (concerning cosmetic regulations).
State and federal laws also impact safety through labeling and disclosure requirements.