NCJ Number
35348
Date Published
1976
Length
67 pages
Annotation
AN EXAMINATION AND ANALYSIS OF RECENT CONSUMER PROTECTION CASE LAW IN THE FOLLOWING AREAS: DEFENSE OF CONSUMER LEGISLATION FROM CONSTITUTIONAL CHALLENGES, SUBSTANTIVE STATUTORY APPLICATIONS, AND PROCEDURAL QUESTIONS.
Abstract
MOST STATE UNFAIR OR DECEPTIVE TRADE PRACTICE STATUTES HAVE BEEN ENACTED IN RECENT YEARS AND THE PROCESS OF DEVELOPING REPORTED PRECEDENT UNDER SUCH STATUTES HAS JUST BEGUN. PRECEDENT UNDER SECTION 5 OF THE FEDERAL TRADE COMMISSION ACT AS TO WHAT CONSTITUTES AN UNFAIR OR DECEPTIVE TRADE PRACTICE IS OF SUBSTANTIAL ASSISTANCE. HOWEVER, CASE LAW UNDER THE SIMILAR STATUTES OF SISTER STATES IS BEGINNING TO DEVELOP AND THIS REPORT IS INTENDED TO ANALYZE AND CATEGORIZE SUCH REPORTED DECISIONS. EMPHASIS OF ANALYSIS IS PLACED ON THE CONSTITUTIONAL CHALLENGES SECTION OF THIS REPORT AND A CASE DIGEST APPROACH IS TAKEN TO CASES RAISING SUBSTANTIVE STATUTORY APPLICATION AND PROCEDURAL QUESTIONS. (AUTHOR ABSTRACT MODIFIED)