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URLhttps://www.investopedia.com/articles/pf/10/know-your-consumer-protection-laws.asp
Last Crawled2026-04-10 19:34:00 (1 day ago)
First Indexed2017-11-12 18:33:29 (8 years ago)
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Meta TitleUnderstanding Consumer Protection Laws and Your Rights
Meta DescriptionDiscover how U.S. consumer protection laws combat fraud and unethical practices, ensuring your rights and promoting fairness in the market.
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Key Takeaways Consumer protection laws combat false advertising and faulty products. The FTC oversees most warranties and service contracts. Financial laws prevent predatory lending and privacy violations. The Dodd-Frank Act regulates banks and lending practices. Consumer laws promote honest business for a reliable market economy. Consumer protection laws are made to protect consumers from fraudulent business practices, defective products, and dangerous goods and services. They regulate various sectors to ensure fair business practices. They play an important role in a reliable market economy, helping to keep sellers honest with no threat of unpleasant surprises. Consumer protection laws in the U.S. include various federal and state laws, each of which governs a particular area of the economy. The Fair Credit Reporting Act and Dodd-Frank Act serve crucial roles in financial protection. The government oversees consumer protection through the  Federal Trade Commission (FTC). States use a variety of agencies and statutes to enforce consumer protection and sometimes expand on these laws. Not all jurisdictions protect consumers in the same way, however. Some are more pro-consumer than others. Consumer Warranties vs. Service Contracts: An In-Depth Guide The product comes with a warranty whenever you buy merchandise. This is a guarantee that it will serve the purpose it was purchased for. In other words, it will function. Differentiating Between Express and Implied Warranties  The two basic types of warranty are express and implied. An express warranty is a promise from the seller, either written, oral, or expressed in an ad. It effectively guarantees that the item will perform its function for a specified period. An express warranty is a guarantee that the item will work whether it's new or used. Not all items come with express warranties, however. The law automatically provides the implied warranty . These are a part of all retail sales of new and used consumer goods. The retailer of an item implies that the item will work properly and be of average grade and quality as long as it's used for the purpose for which it was sold. A refrigerator will keep things cool as long as you're not trying to cool the entire room. A blender will blend as long as you're not blending rocks. It's important to get warranty specifics in writing whenever you buy something. Find out what the warranty covers. Does it include service fees if the item has to be repaired? How long is the warranty? An implied warranty can last as long as four years, according to the FTC, but the actual period can vary by state. How to Handle a Warranty Breach Have the item replaced or repaired by the seller if a warranty is breached. Try resolving the dispute through mediation if that doesn't work. You have the right to sue the manufacturer or seller if that fails. Service contracts can't be canceled after you've signed them but there's a cooling-off period during which you might be able to void a contract under certain circumstances, according to the FTC. Contact the agency at FTC.gov for information on the correct way to approach your particular situation. You can contact the FTC Consumer Product Safety Commission to file a complaint about a seller or manufacturer or call your local prosecutor and ask for the consumer fraud division. The Federal Communications Commission (FCC) is the place to turn for help if you were defrauded by a telephone solicitor or fell into a TV advertiser's trap. Tip You're entitled to a copy of your credit report from the three major credit bureaus once a week at no charge under the terms of the Fair and Accurate Credit Transactions Act (FACTA) . Financial institutions use the information contained in this report to determine their risk in lending to you. Consumers usually find out about this report only after there's been negative information reported such as mishandled accounts or erroneous data. You can get your free credit report at annualcreditreport.com . An Overview of Essential Consumer Protection Laws Federal Securities Act One of the most important consumer protections in finance is the Securities Act of 1933 which was enacted during the Great Depression. The act strictly limits the sale of investment contracts referred to as "securities" and requires issuers to disclose the details of their financing and business plans. The act also established the Securities and Exchange Commission (SEC) which enforces securities laws and punishes violations. Fair Credit Reporting Act The Fair Credit Reporting Act was passed in 1970 to regulate the collection of credit information which is frequently used to determine mortgage and lending rates. The law limits who can access a consumer's credit history and prohibits lenders from providing outdated or inaccurate information. The law also allows consumers to read their credit reports and to contest any inaccurate information. Important The Consumer Financial Protection Bureau (CFPB) is responsible for protecting consumers when it comes to financial products and services. The Dodd-Frank Act The Dodd-Frank Wall Street Reform and Consumer Protection Act , usually shortened to the "Dodd-Frank Act," was a sweeping reform of U.S. financial regulations in the wake of the 2008 financial crisis. The act stepped up oversight of banks and financial institutions, particularly those deemed to have been responsible for the Great Recession. It created the Financial Stability Oversight Council with the ability to break up banks that were "too big to fail" or to increase their reserve requirements. It also established the CFPB which regulates subprime mortgages and other predatory lending practices. The Fair Housing Act The Fair Housing Act protects buyers and renters of housing from being discriminated against by sellers, landlords, or financial institutions. The Fair Debt Collection Practices Act (FDCPA) This law limits the actions of third-party debt collectors when they're attempting to collect debts on behalf of another person or entity. It outlines when and how often a third-party debt collector can contact a debtor. Noncompliance by debt collectors can result in lawsuits. Section 5 of the Federal Trade Act Section 5 of the Federal Trade Commission Act, sometimes just referred to as “Section 5,” demands that consumers be treated fairly and not deceived or put at risk by businesses. This includes: Causing substantial injury to a consumer A statement, omission, or practice that's likely to mislead consumers Telephone Consumer’s Protection Act (TCPA) This act ensures that consumers aren't deceived and harassed by telemarketers. A national do-not-call list was created thanks to the TCPA. The CAN-SPAM Act The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 governs email communications. It establishes requirements for commercial messages, including not using false or misleading headers and subject lines, identifying messages as ads, and providing a postal address and information on how to opt out of being contacted in the future. Recipients have the right to stop being contacted and penalties will be dished out to those who violate the act’s rules. The Gramm-Leach-Bliley Act (GBLA) The GBLA requires that all U.S. financial institutions must reveal in writing how they handle, share, and protect consumers’ information. The Children’s Online Privacy Protection Act This act governs what information websites that are directed to children under 13 years of age can collect from their visitors. Safeguarding Yourself Against Consumer Scams Scam artists generally take advantage of whatever is happening at a particular point in time. There were a lot of phony foreclosure rescues that caused people to lose equity in their homes to so-called rescuers in the wake of the housing bust of 2008. There has also been an increase in scam attempts through automated phone calls. The FTC began receiving reports of scammers posing as government officials during the COVID-19 pandemic, using the promise of unemployment benefits to extract Social Security numbers, private bank account numbers, or other sensitive information. Consumer protection laws exist to protect consumers and make us feel more confident about buying things but having this protection doesn't mean we shouldn't care about getting scammed. It's better for everyone if a complaint isn't necessary. Tips include using credit cards rather than debit cards for online shopping and closely reviewing every item on your monthly bills. Customers should also use a separate email account for their online shopping. This helps avoid spam. Never respond to emails asking you to "confirm" recent transactions after you shop because they can be phishing scams. What Are Online Consumer Protection Laws? Many laws in the U.S. shield consumers from fraud, faulty products, or data privacy invasion. The Restore Online Shoppers' Confidence Act or ROSCA is one example. It prohibits the sale of user data by third-party payment processors and regulates "negative option" contracts in which a consumer's inaction is interpreted as an intention to pay for a service. ROSCA doesn't prohibit negative options but it does enact certain requirements to ensure that the buyer has informed consent. How Do Consumer Protection Laws Apply to Mortgage Lending? Consumer protection laws safeguard borrowers against discrimination and predatory lending practices. The Fair Housing Act prohibits discrimination based on race, sex, religion, national origin, and several other categories. This prohibition applies at every stage of the mortgage application process. The Dodd-Frank Wall Street Reform Act prohibits several aspects of predatory lending such as undisclosed mortgage terms and steering clients to mortgage products that carry a higher commission. What Are Consumer Protection Laws for Bankruptcy? The Bankruptcy Abuse Prevention and Consumer Protection Act includes several provisions to limit abuse of the bankruptcy system, including an income threshold for Chapter 7 bankruptcy for individuals. It also protects IRAs from bankruptcy liquidations so an individual who declares bankruptcy won't lose their retirement savings. What Are Consumer Protection Laws That Protect Your Privacy? The Fair Credit Reporting Act limits the use of consumers' credit history such as bill payments and borrowing history. The Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, establishes protections for personal financial information and requires banks to disclose clearly how private information will be used. The Bottom Line The modern economy is dependent on consumer protection laws. These rules help eliminate bad businesses, provide consumers with peace of mind, and encourage them to spend more. The number of laws has continued to grow over the decades, reflecting developments in technology and business practices. Consumers are better informed of their rights than ever before, thanks to the Internet and other technologies.
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[Warren Buffett's Investing Rule That Could Change Your Future](https://www.investopedia.com/warren-buffett-s-investing-rule-that-could-change-your-financial-future-11947169) Table of Contents Expand Table of Contents - [Warranties & Service Contracts](https://www.investopedia.com/articles/pf/10/know-your-consumer-protection-laws.asp#toc-consumer-warranties-vs-service-contracts-an-in-depth-guide) - [Consumer Protection Laws](https://www.investopedia.com/articles/pf/10/know-your-consumer-protection-laws.asp#toc-an-overview-of-essential-consumer-protection-laws) - [Consumer Scams](https://www.investopedia.com/articles/pf/10/know-your-consumer-protection-laws.asp#toc-safeguarding-yourself-against-consumer-scams) - [FAQs](https://www.investopedia.com/articles/pf/10/know-your-consumer-protection-laws.asp#toc-what-are-online-consumer-protection-laws) - [The Bottom Line](https://www.investopedia.com/articles/pf/10/know-your-consumer-protection-laws.asp#toc-the-bottom-line) # Understanding Consumer Protection Laws and Your Rights By [Daniel Liberto](https://www.investopedia.com/contributors/68104/) ![]() ![](https://www.investopedia.com/thmb/E7RrTaf4O0yCargNhdvMX1mb6NA=/200x200/filters:no_upscale\(\):max_bytes\(150000\):strip_icc\(\)/daniel_liberto-5bfc2715c9e77c0051432901.jpg) [Full Bio](https://www.investopedia.com/contributors/68104/) Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle. Learn about our [editorial policies](https://www.investopedia.com/legal-4768893#editorial-policy) Updated March 20, 2026 Reviewed by [Caitlin Clarke](https://www.investopedia.com/caitlin-clarke-5221387) Fact checked by [Melody Kazel](https://www.investopedia.com/melody-kazel-5217757) Close ### Key Takeaways - Consumer protection laws combat false advertising and faulty products. - The FTC oversees most warranties and service contracts. - Financial laws prevent predatory lending and privacy violations. - The Dodd-Frank Act regulates banks and lending practices. - Consumer laws promote honest business for a reliable market economy. Consumer protection laws are made to protect consumers from fraudulent business practices, defective products, and dangerous goods and services. They regulate various sectors to ensure fair business practices. They play an important role in a reliable market economy, helping to keep sellers honest with no threat of unpleasant surprises. Consumer protection laws in the U.S. include various federal and state laws, each of which governs a particular area of the economy. The Fair Credit Reporting Act and Dodd-Frank Act serve crucial roles in financial protection. The government oversees consumer protection through the [Federal Trade Commission](https://www.investopedia.com/terms/f/ftc.asp) (FTC). States use a variety of agencies and statutes to enforce consumer protection and sometimes expand on these laws. Not all jurisdictions protect consumers in the same way, however. Some are more pro-consumer than others. ## Consumer Warranties vs. Service Contracts: An In-Depth Guide The product comes with a warranty whenever you buy merchandise. This is a guarantee that it will serve the purpose it was purchased for. In other words, it will function. ### Differentiating Between Express and Implied Warranties The two basic types of warranty are express and implied. An [express warranty](https://www.investopedia.com/terms/e/express-warranty.asp) is a promise from the seller, either written, oral, or expressed in an ad. It effectively guarantees that the item will perform its function for a specified period. An express warranty is a guarantee that the item will work whether it's new or used. Not all items come with express warranties, however. The law automatically provides the [implied warranty](https://www.investopedia.com/terms/i/implied-warranty.asp). These are a part of all retail sales of new and used consumer goods. The retailer of an item implies that the item will work properly and be of average grade and quality as long as it's used for the purpose for which it was sold. A refrigerator will keep things cool as long as you're not trying to cool the entire room. A blender will blend as long as you're not blending rocks. It's important to get warranty specifics in writing whenever you buy something. Find out what the warranty covers. Does it include service fees if the item has to be repaired? How long is the warranty? An implied warranty can last as long as four years, according to the FTC, but the actual period can vary by state. ### How to Handle a Warranty Breach Have the item replaced or repaired by the seller if a warranty is breached. Try resolving the dispute through mediation if that doesn't work. You have the right to sue the manufacturer or seller if that fails. Service contracts can't be canceled after you've signed them but there's a cooling-off period during which you might be able to void a contract under certain circumstances, according to the FTC. Contact the agency at [FTC.gov](https://www.ftc.gov/) for information on the correct way to approach your particular situation. You can contact the FTC [Consumer Product Safety Commission](https://www.investopedia.com/terms/c/consumer-product-safety-commission.asp) to file a complaint about a seller or manufacturer or call your local prosecutor and ask for the consumer fraud division. The [Federal Communications Commission](https://www.investopedia.com/terms/f/fcc.asp) (FCC) is the place to turn for help if you were defrauded by a telephone solicitor or fell into a TV advertiser's trap. ### Tip You're entitled to a copy of your credit report from the three major credit bureaus once a week at no charge under the terms of the [Fair and Accurate Credit Transactions Act (FACTA)](https://www.investopedia.com/terms/f/facta.asp). Financial institutions use the information contained in this report to determine their risk in lending to you. Consumers usually find out about this report only after there's been negative information reported such as mishandled accounts or erroneous data. You can get your free credit report at [annualcreditreport.com](https://www.annualcreditreport.com/index.action). ## An Overview of Essential Consumer Protection Laws ### Federal Securities Act One of the most important consumer protections in finance is the Securities Act of 1933 which was enacted during the Great Depression. The act strictly limits the sale of investment contracts referred to as "securities" and requires issuers to disclose the details of their financing and business plans. The act also established the Securities and Exchange Commission (SEC) which enforces securities laws and punishes violations. ### Fair Credit Reporting Act The [Fair Credit Reporting Act](https://www.investopedia.com/terms/f/fair-credit-reporting-act-fcra.asp) was passed in 1970 to regulate the collection of credit information which is frequently used to determine mortgage and lending rates. The law limits who can access a consumer's credit history and prohibits lenders from providing outdated or inaccurate information. The law also allows consumers to read their credit reports and to contest any inaccurate information. ### Important The Consumer Financial Protection Bureau (CFPB) is responsible for [protecting consumers](https://www.investopedia.com/navigating-the-cfpbs-new-direction-what-student-borrowers-need-to-know-11735436) when it comes to financial products and services. ### The Dodd-Frank Act The [Dodd-Frank Wall Street Reform and Consumer Protection Act](https://www.investopedia.com/terms/d/dodd-frank-financial-regulatory-reform-bill.asp), usually shortened to the "Dodd-Frank Act," was a sweeping reform of U.S. financial regulations in the wake of the 2008 financial crisis. The act stepped up oversight of banks and financial institutions, particularly those deemed to have been responsible for the Great Recession. It created the Financial Stability Oversight Council with the ability to break up banks that were "too big to fail" or to increase their reserve requirements. It also established the CFPB which regulates subprime mortgages and other predatory lending practices. ### The Fair Housing Act The [Fair Housing Act](https://www.investopedia.com/terms/f/fair-housing-act.asp) protects buyers and renters of housing from being discriminated against by sellers, landlords, or financial institutions. ### The Fair Debt Collection Practices Act (FDCPA) This law limits the actions of third-party debt collectors when they're attempting to collect debts on behalf of another person or entity. It outlines when and how often a third-party debt collector can contact a debtor. Noncompliance by debt collectors can result in lawsuits. ### Section 5 of the Federal Trade Act Section 5 of the Federal Trade Commission Act, sometimes just referred to as “Section 5,” demands that consumers be treated fairly and not deceived or put at risk by businesses. This includes: - Causing substantial injury to a consumer - A statement, omission, or practice that's likely to mislead consumers ### Telephone Consumer’s Protection Act (TCPA) This act ensures that consumers aren't deceived and harassed by telemarketers. A national do-not-call list was created thanks to the TCPA. ### The CAN-SPAM Act The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 governs email communications. It establishes requirements for commercial messages, including not using false or misleading headers and subject lines, identifying messages as ads, and providing a postal address and information on how to opt out of being contacted in the future. Recipients have the right to stop being contacted and penalties will be dished out to those who violate the act’s rules. ### The Gramm-Leach-Bliley Act (GBLA) The GBLA requires that all U.S. financial institutions must reveal in writing how they handle, share, and protect consumers’ information. ### The Children’s Online Privacy Protection Act This act governs what information websites that are directed to children under 13 years of age can collect from their visitors. ### Fast Fact There are many other acts worth learning about that apply in certain situations, including the Home Owner Protection Act, the [Electronic Funds Transfer Act](https://www.investopedia.com/terms/e/electronic-funds-transfer-act.asp), and the [Fair Credit Billing Act](https://www.investopedia.com/terms/f/fair-credit-billing-act-fcba.asp). ## Safeguarding Yourself Against Consumer Scams Scam artists generally take advantage of whatever is happening at a particular point in time. There were a lot of phony foreclosure rescues that caused people to lose equity in their homes to so-called rescuers in the wake of the housing bust of 2008. There has also been an increase in scam attempts through automated phone calls. The FTC began receiving reports of scammers posing as government officials during the COVID-19 pandemic, using the promise of unemployment benefits to extract Social Security numbers, private bank account numbers, or other sensitive information. Consumer protection laws exist to protect consumers and make us feel more confident about buying things but having this protection doesn't mean we shouldn't care about getting scammed. It's better for everyone if a complaint isn't necessary. Tips include using credit cards rather than debit cards for online shopping and closely reviewing every item on your monthly bills. Customers should also use a separate email account for their online shopping. This helps avoid spam. Never respond to emails asking you to "confirm" recent transactions after you shop because they can be phishing scams. ## What Are Online Consumer Protection Laws? Many laws in the U.S. shield consumers from fraud, faulty products, or data privacy invasion. The Restore Online Shoppers' Confidence Act or ROSCA is one example. It prohibits the sale of user data by third-party payment processors and regulates "negative option" contracts in which a consumer's inaction is interpreted as an intention to pay for a service. ROSCA doesn't prohibit negative options but it does enact certain requirements to ensure that the buyer has informed consent. ## How Do Consumer Protection Laws Apply to Mortgage Lending? Consumer protection laws safeguard borrowers against discrimination and predatory lending practices. The Fair Housing Act prohibits discrimination based on race, sex, religion, national origin, and several other categories. This prohibition applies at every stage of the mortgage application process. The Dodd-Frank Wall Street Reform Act prohibits several aspects of predatory lending such as undisclosed mortgage terms and steering clients to mortgage products that carry a higher commission. ## What Are Consumer Protection Laws for Bankruptcy? The Bankruptcy Abuse Prevention and Consumer Protection Act includes several provisions to limit abuse of the bankruptcy system, including an income threshold for Chapter 7 bankruptcy for individuals. It also protects IRAs from bankruptcy liquidations so an individual who declares bankruptcy won't lose their retirement savings. ## What Are Consumer Protection Laws That Protect Your Privacy? The Fair Credit Reporting Act limits the use of consumers' credit history such as bill payments and borrowing history. The Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, establishes protections for personal financial information and requires banks to disclose clearly how private information will be used. ## The Bottom Line The modern economy is dependent on consumer protection laws. These rules help eliminate bad businesses, provide consumers with peace of mind, and encourage them to spend more. The number of laws has continued to grow over the decades, reflecting developments in technology and business practices. Consumers are better informed of their rights than ever before, thanks to the Internet and other technologies. Article Sources Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our [editorial policy.](https://www.investopedia.com/legal-4768893#EditorialPolicy) 1. Federal Trade Commission. "[Warranties](https://consumer.ftc.gov/articles/warranties)." 2. Federal Trade Commission. "[Buyer’s Remorse: The FTC’s Cooling-Off Rule May Help](https://consumer.ftc.gov/articles/buyers-remorse-ftcs-cooling-rule-may-help)." 3. Federal Trade Commission. "[Free Credit Reports](https://consumer.ftc.gov/articles/free-credit-reports#:~:text=Federal%20law%20gives%20you%20the,for%20free%20at%20AnnualCreditReport.com.)." 4. U.S. Securities and Exchange Commission. "[The Laws that Govern the Securities Industry](https://www.investor.gov/introduction-investing/investing-basics/role-sec/laws-govern-securities-industry#secact1933)." 5. Federal Trade Commission. "[Fair Credit Reporting Act](https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act)." 6. The White House: Obama Administration. "[Wall Street Reform: The Dodd-Frank Act](https://obamawhitehouse.archives.gov/economy/middle-class/dodd-frank-wall-street-reform)." 7. U.S. Congress. "[H.R.4173 - Dodd-Frank Wall Street Reform and Consumer Protection Act](https://www.congress.gov/bill/111th-congress/house-bill/4173/text)." 8. U.S. Department of Justice. "[The Fair Housing Act](https://www.justice.gov/crt/fair-housing-act-1)." 9. Federal Trade Commission. "[Fair Debt Collection Practices Act](https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text)." 10. Federal Reserve Board. “[Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices](https://www.federalreserve.gov/boarddocs/supmanual/cch/200806/ftca.pdf).” Page 1. 11. Federal Communications Commission. “[Telephone Consumer Protection Act 47 U.S.C. § 227](https://www.fcc.gov/sites/default/files/tcpa-rules.pdf).” 12. Federal Trade Commission. ”[CAN-SPAM Act: A Compliance Guide for Business](https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business).” 13. Federal Trade Commission. "[Gramm-Leach-Bliley Act](https://www.ftc.gov/business-guidance/privacy-security/gramm-leach-bliley-act).” 14. Federal Trade Commission. "[Children's Online Privacy Protection Rule](https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa).” 15. U.S. Department of Justice. "[Federal, State Partners Announce Multi-Agency Crackdown Targeting Foreclosure Rescue Scams, Loan Modification Fraud](https://www.justice.gov/opa/pr/federal-state-partners-announce-multi-agency-crackdown-targeting-foreclosure-rescue-scams)." 16. Federal Trade Commission. "[Coronavirus Scams: What the FTC Is Doing](https://consumer.ftc.gov/features/coronavirus-scams-what-ftc-doing)." 17. U.S. Department of the Treasury. "[Covid-19 Scams](https://home.treasury.gov/services/report-fraud-waste-and-abuse/covid-19-scams)." 18. National Archives, Federal Register. "[Negative Option Rule](https://www.federalregister.gov/documents/2023/04/24/2023-07035/negative-option-rule)." 19. Federal Trade Commission. "[Restore Online Shoppers' Confidence Act](https://www.ftc.gov/enforcement/statutes/restore-online-shoppers-confidence-act)." 20. U.S. Department of Housing and Urban Development. "[Housing Discrimination Under the Fair Housing Act](https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview)." 21. U.S. Congress. "[S.256 - Bankruptcy Abuse Prevention and Consumer Protection Act of 2005](https://www.congress.gov/bill/109th-congress/senate-bill/256)." 22. Federal Reserve History. "[Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley)](https://www.federalreservehistory.org/essays/gramm-leach-bliley-act)." 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### Key Takeaways - Consumer protection laws combat false advertising and faulty products. - The FTC oversees most warranties and service contracts. - Financial laws prevent predatory lending and privacy violations. - The Dodd-Frank Act regulates banks and lending practices. - Consumer laws promote honest business for a reliable market economy. Consumer protection laws are made to protect consumers from fraudulent business practices, defective products, and dangerous goods and services. They regulate various sectors to ensure fair business practices. They play an important role in a reliable market economy, helping to keep sellers honest with no threat of unpleasant surprises. Consumer protection laws in the U.S. include various federal and state laws, each of which governs a particular area of the economy. The Fair Credit Reporting Act and Dodd-Frank Act serve crucial roles in financial protection. The government oversees consumer protection through the [Federal Trade Commission](https://www.investopedia.com/terms/f/ftc.asp) (FTC). States use a variety of agencies and statutes to enforce consumer protection and sometimes expand on these laws. Not all jurisdictions protect consumers in the same way, however. Some are more pro-consumer than others. ## Consumer Warranties vs. Service Contracts: An In-Depth Guide The product comes with a warranty whenever you buy merchandise. This is a guarantee that it will serve the purpose it was purchased for. In other words, it will function. ### Differentiating Between Express and Implied Warranties The two basic types of warranty are express and implied. An [express warranty](https://www.investopedia.com/terms/e/express-warranty.asp) is a promise from the seller, either written, oral, or expressed in an ad. It effectively guarantees that the item will perform its function for a specified period. An express warranty is a guarantee that the item will work whether it's new or used. Not all items come with express warranties, however. The law automatically provides the [implied warranty](https://www.investopedia.com/terms/i/implied-warranty.asp). These are a part of all retail sales of new and used consumer goods. The retailer of an item implies that the item will work properly and be of average grade and quality as long as it's used for the purpose for which it was sold. A refrigerator will keep things cool as long as you're not trying to cool the entire room. A blender will blend as long as you're not blending rocks. It's important to get warranty specifics in writing whenever you buy something. Find out what the warranty covers. Does it include service fees if the item has to be repaired? How long is the warranty? An implied warranty can last as long as four years, according to the FTC, but the actual period can vary by state. ### How to Handle a Warranty Breach Have the item replaced or repaired by the seller if a warranty is breached. Try resolving the dispute through mediation if that doesn't work. You have the right to sue the manufacturer or seller if that fails. Service contracts can't be canceled after you've signed them but there's a cooling-off period during which you might be able to void a contract under certain circumstances, according to the FTC. Contact the agency at [FTC.gov](https://www.ftc.gov/) for information on the correct way to approach your particular situation. You can contact the FTC [Consumer Product Safety Commission](https://www.investopedia.com/terms/c/consumer-product-safety-commission.asp) to file a complaint about a seller or manufacturer or call your local prosecutor and ask for the consumer fraud division. The [Federal Communications Commission](https://www.investopedia.com/terms/f/fcc.asp) (FCC) is the place to turn for help if you were defrauded by a telephone solicitor or fell into a TV advertiser's trap. ### Tip You're entitled to a copy of your credit report from the three major credit bureaus once a week at no charge under the terms of the [Fair and Accurate Credit Transactions Act (FACTA)](https://www.investopedia.com/terms/f/facta.asp). Financial institutions use the information contained in this report to determine their risk in lending to you. Consumers usually find out about this report only after there's been negative information reported such as mishandled accounts or erroneous data. You can get your free credit report at [annualcreditreport.com](https://www.annualcreditreport.com/index.action). ## An Overview of Essential Consumer Protection Laws ### Federal Securities Act One of the most important consumer protections in finance is the Securities Act of 1933 which was enacted during the Great Depression. The act strictly limits the sale of investment contracts referred to as "securities" and requires issuers to disclose the details of their financing and business plans. The act also established the Securities and Exchange Commission (SEC) which enforces securities laws and punishes violations. ### Fair Credit Reporting Act The [Fair Credit Reporting Act](https://www.investopedia.com/terms/f/fair-credit-reporting-act-fcra.asp) was passed in 1970 to regulate the collection of credit information which is frequently used to determine mortgage and lending rates. The law limits who can access a consumer's credit history and prohibits lenders from providing outdated or inaccurate information. The law also allows consumers to read their credit reports and to contest any inaccurate information. ### Important The Consumer Financial Protection Bureau (CFPB) is responsible for [protecting consumers](https://www.investopedia.com/navigating-the-cfpbs-new-direction-what-student-borrowers-need-to-know-11735436) when it comes to financial products and services. ### The Dodd-Frank Act The [Dodd-Frank Wall Street Reform and Consumer Protection Act](https://www.investopedia.com/terms/d/dodd-frank-financial-regulatory-reform-bill.asp), usually shortened to the "Dodd-Frank Act," was a sweeping reform of U.S. financial regulations in the wake of the 2008 financial crisis. The act stepped up oversight of banks and financial institutions, particularly those deemed to have been responsible for the Great Recession. It created the Financial Stability Oversight Council with the ability to break up banks that were "too big to fail" or to increase their reserve requirements. It also established the CFPB which regulates subprime mortgages and other predatory lending practices. ### The Fair Housing Act The [Fair Housing Act](https://www.investopedia.com/terms/f/fair-housing-act.asp) protects buyers and renters of housing from being discriminated against by sellers, landlords, or financial institutions. ### The Fair Debt Collection Practices Act (FDCPA) This law limits the actions of third-party debt collectors when they're attempting to collect debts on behalf of another person or entity. It outlines when and how often a third-party debt collector can contact a debtor. Noncompliance by debt collectors can result in lawsuits. ### Section 5 of the Federal Trade Act Section 5 of the Federal Trade Commission Act, sometimes just referred to as “Section 5,” demands that consumers be treated fairly and not deceived or put at risk by businesses. This includes: - Causing substantial injury to a consumer - A statement, omission, or practice that's likely to mislead consumers ### Telephone Consumer’s Protection Act (TCPA) This act ensures that consumers aren't deceived and harassed by telemarketers. A national do-not-call list was created thanks to the TCPA. ### The CAN-SPAM Act The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 governs email communications. It establishes requirements for commercial messages, including not using false or misleading headers and subject lines, identifying messages as ads, and providing a postal address and information on how to opt out of being contacted in the future. Recipients have the right to stop being contacted and penalties will be dished out to those who violate the act’s rules. ### The Gramm-Leach-Bliley Act (GBLA) The GBLA requires that all U.S. financial institutions must reveal in writing how they handle, share, and protect consumers’ information. ### The Children’s Online Privacy Protection Act This act governs what information websites that are directed to children under 13 years of age can collect from their visitors. ## Safeguarding Yourself Against Consumer Scams Scam artists generally take advantage of whatever is happening at a particular point in time. There were a lot of phony foreclosure rescues that caused people to lose equity in their homes to so-called rescuers in the wake of the housing bust of 2008. There has also been an increase in scam attempts through automated phone calls. The FTC began receiving reports of scammers posing as government officials during the COVID-19 pandemic, using the promise of unemployment benefits to extract Social Security numbers, private bank account numbers, or other sensitive information. Consumer protection laws exist to protect consumers and make us feel more confident about buying things but having this protection doesn't mean we shouldn't care about getting scammed. It's better for everyone if a complaint isn't necessary. Tips include using credit cards rather than debit cards for online shopping and closely reviewing every item on your monthly bills. Customers should also use a separate email account for their online shopping. This helps avoid spam. Never respond to emails asking you to "confirm" recent transactions after you shop because they can be phishing scams. ## What Are Online Consumer Protection Laws? Many laws in the U.S. shield consumers from fraud, faulty products, or data privacy invasion. The Restore Online Shoppers' Confidence Act or ROSCA is one example. It prohibits the sale of user data by third-party payment processors and regulates "negative option" contracts in which a consumer's inaction is interpreted as an intention to pay for a service. ROSCA doesn't prohibit negative options but it does enact certain requirements to ensure that the buyer has informed consent. ## How Do Consumer Protection Laws Apply to Mortgage Lending? Consumer protection laws safeguard borrowers against discrimination and predatory lending practices. The Fair Housing Act prohibits discrimination based on race, sex, religion, national origin, and several other categories. This prohibition applies at every stage of the mortgage application process. The Dodd-Frank Wall Street Reform Act prohibits several aspects of predatory lending such as undisclosed mortgage terms and steering clients to mortgage products that carry a higher commission. ## What Are Consumer Protection Laws for Bankruptcy? The Bankruptcy Abuse Prevention and Consumer Protection Act includes several provisions to limit abuse of the bankruptcy system, including an income threshold for Chapter 7 bankruptcy for individuals. It also protects IRAs from bankruptcy liquidations so an individual who declares bankruptcy won't lose their retirement savings. ## What Are Consumer Protection Laws That Protect Your Privacy? The Fair Credit Reporting Act limits the use of consumers' credit history such as bill payments and borrowing history. The Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, establishes protections for personal financial information and requires banks to disclose clearly how private information will be used. ## The Bottom Line The modern economy is dependent on consumer protection laws. These rules help eliminate bad businesses, provide consumers with peace of mind, and encourage them to spend more. The number of laws has continued to grow over the decades, reflecting developments in technology and business practices. Consumers are better informed of their rights than ever before, thanks to the Internet and other technologies.
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