NCJ Number
48840
Date Published
1977
Length
230 pages
Annotation
THE CHARACTERISTICS OF DECEPTIVE AND UNFAIR BUSINESS PRACTICES AND THEIR REMEDIES ARE DISCUSSED. THE EVALUATION, INVESTIGATION, AND PROCESSING OF A CONSUMER COMPLAINT ARE OUTLINED.
Abstract
THE DISCUSSION OF CONSUMER FRAUD PRACTICES, LAWS, AND LEGAL PROCEEDINGS BEGINS WITH A SUMMARY OF WISCONSIN STATE CONSUMER LAWS AND THE SIGNIFICANCE OF CONSUMER FRAUD. SPECIFIC FALSE OR DECEPTIVE SELLING REPRESENTATIONS AND SCHEMES ARE DESCRIBED, AND EXAMPLES ARE CITED. THE BASIC REMEDY FOR THESE VIOLATIONS IS AN INJUNCTION WITH A CONCOMITANT REMEDY OF RESTITUTION TO THE INJURED CONSUMERS. A BRIEF SUMMARY IS GIVEN OF THE RESTRICTIONS FOR USING REMEDIES, AND OF IMPORTANT CONSUMER PROTECTION GENERAL ORDERS. WISCONSIN'S MAJOR LAW CONCERNING CONSUMER FRAUD IS THE WISCONSIN CONSUMER ACT (WCA), AND THE REVISION OF WCA IS DESCRIBED IN A GENERALIZED STATEMENT. OTHER CONSUMER PROTECTION LAWS EXISTING IN THE STATE FORBID THEFT BY FRAUD, UNFAIR DISCRIMINATION IN TRADE, UNLAWFUL RESTRAINT OF TRADE BY CONTRACT OR CONSPIRACY, SELLING BELOW COST, TRADING STAMPS, LOTTERIES, AND FRAUDULENT CONTRACTS. ODOMETER LAWS, FUTURE SERVICE PLANS, AND CONSUMER PROTECTION REGULATION STATUTES ARE ALSO DISCUSSED. AGENCIES WHICH ALSO HAVE RESOURCES TO REGULATE CONSUMER FRAUD ARE THE DEPARTMENT OF JUSTICE, STATE REGULATORY AGENCIES, AND FEDERAL AGENCIES. THE RELEVANT DEPARTMENTS WITHIN THESE ARE DISCUSSED. THE STEPS TO BE TAKEN IN PROCESSING A CONSUMER COMPLAINT ARE OUTLINED. THESE INCLUDE INVESTIGATION AND EVALUATION OF THE COMPLAINT, COMMENCING LITIGATION, LITIGATION, AND RESTITUTION TO INJURED CONSUMERS. PROCEDURAL LAW WITH REGARD TO CONSUMER FRAUD CASES IS DESCRIBED. THE APPENDIXES CONTAIN SAMPLE FORM LETTERS AND QUESTIONNAIRES, INTERROGATORIES, JUDGMENTS, COMPLAINTS, AND SUMMONS.