NCJ Number
42951
Date Published
1975
Length
139 pages
Annotation
INTENDED AS AN AID FOR MUNICIPAL ATTORNEYS, THIS REPORT CONTAINS AN OVERVIEW AND DISCUSSION OF THE FEDERAL STATE, MUNICIPAL, AND LOCAL LAWS AND PROGRAMS RELATING TO CONSUMER PROTECTION.
Abstract
CURRENTLY, THE FEDERAL GOVERNMENT ADMINISTERS HUNDREDS OF PROGRAMS (THROUGH 39 DEPARTMENTS AND AGENCIES) FOR THE PROTECTION OF THE CONSUMER. DESCRIPTIONS OF A NUMBER OF THESE PROGRAMS AND A GENERAL DISCUSSION OF FEDERAL CONSUMER PROTECTION LAW ARE PRESENTED IN THE FIRST SECTION OF THIS REPORT. STATE CONSUMER PROTECTION ACTIVITIES ARE THEN REVIEWED IN ORDER TO GIVE MUNICIPAL ATTORNEYS A BROAD UNDERSTANDING OF THE TYPES OF LAW AND ACTIVITIES AVAILABLE AT THE STATE LEVEL. THE LIMITATIONS ON MUNICIPAL POWER TO PROTECT THE CONSUMER ARE OUTLINED, AS ARE MUNICIPAL POWERS TO ENACT GENERAL CONSUMER PROTECTION ORDINANCES. SOURCES OF POWER, BOTH EXPRESSED AND IMPLIED, FROM WHICH THE MUNICIPALITY DRAWS ITS AUTHORITY TO ENACT CONSUMER PROTECTION ORDINANCES ARE DISCUSSED. IN ADDITION, SPECIFIC CONSUMER PROTECTION PROBLEMS ARE ADDRESSED--DECEPTIVE ADVERTISING, OPPRESSIVE DEBT COLLECTION, POOR QUALITY FOOD AND DRUGS, ETC. THE REPORT EXAMINES THE EXTENT TO WHICH MUNICIPALITIES MAY REGULATE IN A NUMBER OF THESE SPECIFIC AREAS IN VIEW OF THE POLICE POWER, FEDERAL CONSTITUTIONAL PROBLEMS, AND FEDERAL AND STATE PREEMPTION PROBLEMS. THE LISTING OF PROBLEMS IS NOT AS COMPLETE, BUT IT IS PRESENTED TO SUBSTANTIATE THE RATIONALE FOR PASSING ORDINANCES TO PROTECT CONSUMERS. FINALLY, EXISTING CONSUMER PROTECTION PROGRAMS IN A NUMBER OF CITIES NATIONWIDE ARE DESCRIBED BRIEFLY, AND REGULATIONS COVERING SUCH AREAS AS ADVERTISING, PACKAGING, AND LABELING ARE REVIEWED. THE APPENDIXES INCLUDE A MODEL CONSUMER PROTECTION ORDINANCE, AN INDEX TO STATE CONSUMER PROTECTION AGENCIES, AND A LIST OF STATE CONSUMER PROTECTION OFFICES.