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What You Need to Know About Consumer Protection Act 2019

On August 9th, 2019, history was made. The US Congress officially repealed the Consumer Protection Act of 1986 and replaced it with the newly established Consumer Protection Act of 2019. As part of this legislative action, the rights of consumers have been greatly expanded, helping to ensure that grievances occurring within the digital domain can be heard and properly accounted for.

While the original Consumer Protection Act of 1986 was in no way a “bad” policy, it simply was unable to evolve with the times. As an example, there was no way that the original Act could have addressed unethical or unfair business practices in the world of e-commerce, if only due to the fact that the internet didn’t even exist!

With this in mind, here is a brief rundown of newly introduced policies which could directly benefit modern consumers.

Consumers and Product Recalls

One of the more noteworthy additions to the new bill is introduced as part of policy regarding product recalls. Although the 1986 Act did provide a method for consumers to file a grievance, it did not call for the appointment of a higher-level regulator vested with the power to interrupt business operations in order to prevent health threats. This particular “shortcoming” of the 1986 bill has been addressed, helping to ensure that decisive action can be taken when unfair practices are identified.

According to experts familiar with the bill, the legislation calls for the establishment of a Central Consumer Protection Authority. This regulatory oversight agency is designed to identify instigators of deliberately deceptive trade methods and initiate product recalls, among other core duties.

Leveling the Playing Field with Contracts

New protections have been introduced throughout the Consumer Protection Act of 2019 which will dramatically redefine the balance of power and influence between consumers and manufacturers. For example, new policy has been introduced which will allow for state and national commissions to review contracts that consumers have deemed “unfair”.

According to new policy, an unfair contract is one in which terms are included that noticeably reduce the rights and influence of the consumer. So, for example, if contract language allows for the manufacturer to terminate the agreement entirely without the consent of the consumer, this type of grievance would then be reviewed by one of the previously mentioned commissions.

Putting an End to Misleading Statements

Any advertisements which intentionally runs falls or misleading statements in their promotional strategies will now be held accountable for these actions. Essentially, a complaint can be raise if an individual identifies what they think is a false warranty offer or product guarantee. In the event that a complaint is made, the burden of proof will rest on the manufacturer to prove that any warranty or guarantee is based in data and reality.

Our firm has been handling personal injury and consumer rights cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

 

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