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Writer's pictureCherie Britton JD

Consumer Bill of Rights and Obligations

It was on March 15, 1962 when President John F. Kennedy delivered a speech before the United States Congress about basic consumer rights. Later, the United Nations came up with Guidelines for Consumer Protection which was approved and agreed upon by member nations. Consumers International adopted these rights as a charter and recognized March 15 as World Consumer Rights Day. What are your consumer rights and obligations? Consumers have the right to be informed. They should be given adequate information that will help them arrive at an intelligent decision whether they should purchase or not. This means that products (and services) should be specifically and honestly labeled and that advertisements and claims should be truthful. In fact, manufacturers and producers could be sanctioned for false or deceptive advertising; the need to make a sale is not a valid excuse to mislead the public. Advertising is deceptive if misleading statements are used or omitted information to influence a consumer's decision in purchasing the product and is considered unfair if it causes unavoidable consumer injury to the consumer that is not outweighed by the benefit. The Federal Trade Commission (FTC) enforces advertising regulations through the Federal Trade Commission Act. An example of truthful advertising: diet pills that tell you that you will get best results if you also have a healthy diet and a fit lifestyle. They don’t promise you the moon and the stars but tell you outright that what you are purchasing is not a miracle pill, you have to do your part too. Consumers have the right to be protected from faulty products and manufacturing practices or services that could prove detrimental to the health or life of the individual consumer. The Consumer Product Safety Commission (CPSC) is the federal agency that sets performance standards. Manufacturers are required to test their products and include warning labels on them. The CPSC likewise has the authority to order product recalls. This explains why most products we see in the market are marked if they are hazardous especially to certain age groups like kids. Food product labels state its ingredients and whether it contains certain ingredients that consumers with allergies avoid such as peanuts or peanut oil. Hence, it is the consumer’s responsibility to heed warnings or use the product as instructed. A compliant manufacturer or producer cannot be faulted if the consumer does not act responsibly. The consumer is also responsible for maintaining a healthy environment and he can do this by choosing earth friendly products. Consumers have the right to be heard. Producers, manufacturers and service providers are responsible for giving consumers what they want and to meet the standards they expect. A good example of power shoppers have is the increase of locally sold "Organic" produce in leadding grocery store chains. This also explains why manufacturers and service providers constantly conduct surveys – they have to find out factors that satisfy consumers. Consumers have the right to be satisfied which proves the old adage that “the customer is always right”. If they are not satisfied, they have the right to choose and switch to a different brand or service. They have the right (some might say the responsilitiy) to file complaints before the Better Business Bureau, or write online reviews on Yelp and other social networks. As consumers exercise their rights to be informed and to safety, they will ultimately exercise their right to choose from a variety of products and services available in the market. Hence, producers and manufacturers get competitive when it comes to quality and price, the very main factors consumers consider in choosing a product or service. To safeguard the consumer’s right to choose, laws on unfair pricing such as the Clayton Act were passed and strictly enforced by the FTC. Consumers have the right to service. They have the right to be treated well and with respect, whether they purchase a certain product or not. The same rule applies whenever they seek redress from a manufacturer or service provider. Consumers have the right to redress. Since they have the right to be satisfied, it follows that there is a remedy for redress of grievances for unsatisfactory service or inferior products. Most stores allow consumer to return the product and get a refund or store credit. They can write the manufacturer, complain and demand a replacement. Now that you know your rights as consumers, you should not only take the initiative to exercise and assert these rights but do your obligations as well. This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.

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