scholarly journals Unplanned Obsolescence: Interpreting the Automatic Telephone Dialing System After the Smartphone Epoch

2020 ◽  
pp. 147
Author(s):  
Walter Allison
Keyword(s):  
Consumer Protection ◽  
New Technologies ◽  
Consumer Protection Act ◽  
Specific Device ◽  
Federal Circuit ◽  
Federal Statute ◽  
Definition Of ◽  
Circuit Courts ◽  
New Devices

Technology regulations succeed or fail based upon their ability to regulate an idea. Constant innovation forces legislators to draft statutes aimed at prohibiting the idea of a device, rather than a specific device itself, because new devices with new capacities emerge every day. The Telephone Consumer Protection Act (TCPA) is a federal statute that imposes liability based on the idea of an automatic telephone dialing system (ATDS). But the statute’s definition of the device is ambiguous. The FCC struggles to coherently apply the definition to new technologies, and courts interpret the definition inconsistently. Federal circuit courts have split over these inconsistent interpretations. This Note explains the problems associated with the TCPA’s definition and outlines a solution that ensures uniform and workable enforcement of federal rules.

Can a Casualty Loss Be Deducted in the Absence of Physical Damage?

2018 ◽  
Vol 16 (2) ◽  
pp. 65-74
Author(s):  
Dan L. Schisler ◽  
Andrew M. Wasilick
Keyword(s):  
Physical Damage ◽  
Permanent Reduction ◽  
Federal Circuit ◽  
Definition Of ◽  
Circuit Courts ◽  
The U.S

ABSTRACT When a casualty event (storm, fire, landslide, etc.) does not cause actual physical damage, can a casualty loss deduction be taken by a taxpayer for a permanent reduction in value? There are conflicting opinions by two federal circuit courts, and the definition of “permanent” is still largely undefined. The relevance of this issue is of increased importance with the numerous recent major casualties affecting the U.S. mainland and territories. The 9th Circuit has adamantly held that actual physical damage must occur to have a deductible casualty loss, whereas the 11th Circuit has held that a permanent decrease in value can qualify as a deductible casualty loss even with little or no actual physical damage to the property.

scholarly journals How Do You Qualify as a Whistleblower Under The Dodd-Frank Act? Blowing the Whistle on a Circuit Split

2018 ◽  
Vol 36 (2) ◽  
pp. 101-130
Author(s):  
Hugo S. W. Farmer
Keyword(s):  
Supreme Court ◽  
Consumer Protection ◽  
Statutory Interpretation ◽  
Wall Street ◽  
Group V ◽  
Consumer Protection Act ◽  
The Supreme Court ◽  
Definition Of

            Recently, a circuit split has arisen with regard to the Dodd-Frank Wall Street Reform and Consumer Protection Act. The circuit split concerns the question of what it takes for an individual to qualify as a “whistleblower” under the terms of the statute. This circuit split is surprising, as the Dodd- Frank Act purports to answer this question itself by providing a definition of this term, a definition which the Fifth Circuit has treated as being conclusive. Nonetheless, the Second and the Ninth Circuits have held that with respect to some, but not all, of the Dodd-Frank Act, this statutory “whistleblower” definition does not apply. Shortly, the Supreme Court will have the opportunity to resolve the matter when it hears an appeal of the Ninth Circuit’s decision in Somers v. Digital Realty Trust Inc. This article provides three broad reasons why the Supreme Court should reject the Second and Ninth Circuits’ interpretations. First, the interpretation endorsed by the Second and Ninth Circuits is the result of a flawed exercise in statutory interpretation that incorrectly applies principles recently set down by the Supreme Court in King v. Burwell, and Utility Air Regulatory Group v. EPA. Secondly, while the Second and Ninth Circuits rejected the Fifth Circuits’ interpretation on the basis that it withholds the protection of the Dodd-Frank Act from auditors and attorneys, the Second and Ninth Circuits’ preferred interpretations also fail to protect auditors and attorneys. Finally, the policy reasons in favor of extending the Dodd-Frank Act’s whistleblower protections to auditors and attorneys are insufficiently strong to warrant departing from the natural meaning of the statutory language at issue.   

scholarly journals VOETSTOOTS — SALE OF IMMOVABLE PROPERTY, THE LAW OF LEGEND?

2011 ◽  
Author(s):  
Jean-Ray Pearton
Keyword(s):  
Consumer Protection ◽  
Living Room ◽  
Property A ◽  
Business Transaction ◽  
Consumer Protection Act ◽  
The Law ◽  
Definition Of

Is the sale of immovable property, voetstoots, the law of legend? To answer this question properly, let us refer to the definition of a voetstoots clause and then assess how the Consumer Protection Act (herein after referred to as the CPA) applies to the voetstoots clause in a modern-day business transaction regarding immovable property. A voetstoots clause is a clause which is inserted into the contract of sale during the sale of immovable property. It provides that the property in question is sold, ‘as it stands and with all faults’. This means that property, in most cases a house, is sold as it is, completely disregarding any defects the house may have. Defects can be anything from a faulty geyser to decommissioned plug points in one’s new living room. Such a sale of property will not, however, be accepted without scrutiny due to the consumer-friendly legislation enacted under the Constitution, namely the CPA. For easy reference, an example of a voetstoots clause will be included: ‘The property is sold voetstoots in the condition in which it stands and the seller gives no warranty with regard thereto, whether express or implied.’ The question that needs to be asked: ‘Can a voetstoots clause still be valid under the CPA?’ The answer is: Yes, unless you are a developer, investor or speculator.

The concept of defectiveness in the Consumer Protection Act 1987: a critical analysis

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 210-226 ◽  
Author(s):  
Alessandro Stoppa
Keyword(s):  
Consumer Protection ◽  
Critical Analysis ◽  
Personal Injury ◽  
Crucial Importance ◽  
Consumer Protection Act ◽  
Definition Of

The concept of defectiveness is undoubtedly of crucial importance in the structure of the Consumer Protection Act 1987. The definition of the term ‘defect’, upon which will depend the actionability ofdamage caused by a product, is set out in s 3, which reads as follows:(1) Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect; and for those purposes ‘safety’, in relation to a product, shall include safety with respect to products comprised in that product and safety in the context of risks of damage to property, as well as in the context of risks of death or personal injury.

scholarly journals Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008

2017 ◽  
Vol 16 (5) ◽  
pp. 514 ◽  
Author(s):  
Philip N Stoop ◽  
Chrizell Churr
Keyword(s):  
Consumer Protection ◽  
Procedural Fairness ◽  
The United States ◽  
Plain Language ◽  
Bargaining Process ◽  
Consumer Protection Act ◽  
Protection Legislation ◽  
Language Measures ◽  
Definition Of ◽  
The Right

The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).

scholarly journals The Law Related to Consumer Protection in India: Issues and Redressal Mechanism

2018 ◽  
Vol 13 (2) ◽  
pp. 65
Author(s):  
Sony Kulshrestha
Keyword(s):  
Consumer Protection ◽  
Daily Basis ◽  
Poor Quality ◽  
Commercial Activities ◽  
Consumer Protection Act ◽  
The Law ◽  
Quality Of Products ◽  
Definition Of ◽  
The Right ◽  
The Given

<p>Who is a consumer, always creates a new debate? A person who avails/consumes the services in exchange of the consideration is a consumer according to the given definition of consumer under Consumer Protection Act, 1986. This definition never includes any commercial activities or any re-sale or without fee transaction. We on daily basis face various MRP related issues, poor quality of products, adulteration, no bill issues and many more. Some of us raise a voice against these unfair practices but number of us always keep silence and take everything so easy. The reason behind this may be nobody has time or knowledge, when and where to proceed. The right of consumer protection only needs the awareness; awareness about the provisions, process, forums and a fair counselling. Though government has initiated number of awareness schemes which includes the advertisements on television, newspapers and in magazines, skits, workshops and various poster making competitions, still the consumer exploitation continues. In this research paper by using an empirical and doctrinal technique of research the researcher wants to highlight the area where the law is lacking its enforcement to protect the interest of the consumer. The researcher also draws an attention about consumer rights, various grievance redressal agencies, who and how can file a complaint, the jurisdiction and the format of filing a complaint. </p>

Products Within The Strict Liability Regime

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
United States ◽  
Consumer Protection ◽  
Consumer Goods ◽  
Strict Liability ◽  
The United States ◽  
Raw Material ◽  
Component Part ◽  
Toxic Substances ◽  
Consumer Protection Act ◽  
Definition Of

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ‘product’ means ‘any goods or electricity and … includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise’. Notwithstanding the short title of the Act, the definition of product is sufficiently broad to have a wider application than merely to consumer goods. For example, disasters resulting from chemicals or aircraft could be litigated under the Act, as could asbestos and other toxic substances which have given rise to much litigation in the United States.

Difficulties of the Financial Reform in the USA

2013 ◽  
pp. 147-158
Author(s):  
V. Kulakova
Keyword(s):  
Economic Policy ◽  
Consumer Protection ◽  
Financial Regulation ◽  
Financial Reform ◽  
Wall Street ◽  
Political Sciences ◽  
Consumer Protection Act ◽  
The Usa ◽  
Major Factors ◽  
International Financial Regulation

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.

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