Exam 3 CHP 44, 45 Flashcards
An act that was created to carry out the broadly stated goal of preventing unfair and deceptive trade practices, including deceptive advertising.
Federal Trade Commission Act (FTC)
Occurs when a reasonable consumer would be misled by the advertising claim.
Deceptive advertising
A form of deceptive advertising that lures the consumer into the store, but prevents the consumer from buying the advertised product. Therefore, pushing the consumer to purchase an available, more expensive product.
Bait-and-switch advertising
When the FTC requires a firm to stop false advertising for all of its products.
Multiple product order
This act protects trademarks, and also covers false advertising claims.
Must establish:
1. Injury to reputation or sales
2. Causation of injury from false/deceptive advertising
3. Loss of business from buyers due to deceptive advertising
The Lanham Act
An act that prohibits telephone solicitation using an automatic telephone dialing system or a prerecorded voice.
Telephone Consumer Protection Act (TCPA)
Who enforces the TCPA?
Federal Communications Commission (FCC)
A rule that requires a telemarketer to identify the seller’s names, describe the product being sold, and disclose all material facts related to the sale.
Telemarketing Sales Rule (TSR)
Laws that permit the buyers of goods sold door-to-door to cancel their contracts within 3 business days.
Cooling-off laws
Requires automakers to attach an information label to every new car.
Energy Policy and Conservation Act (EPCA)
Requires that food product labels identify the product, the net quantity of contents, number of servings and size of serving, the manufacturer, and the distributor.
Fair Packaging and Labeling Act
Which act aimed at combating the problem of obesity in the U.S.?
The Affordable Care Act (APA)
An act that protects consumers against adulterated and misbranded foods and drugs.
Federal Food, Drug, and Cosmetic Act (FDCA)
An act that conducts research on the safety of individual consumer products and maintains a clearinghouse on the risks associated with various products.
Consumer Product Safety Act (CPSA)
The agency that overseas the credit practices of banks, mortgage lenders, and credit-card companies.
Consumer Financial Protection Bureau (CFPB)
An act that requires sellers and lenders to disclose credit terms and loan terms so that individuals can shop around for the best financing arrangements. Only for natural persons (NOT CORPORATIONS). Disclosures usually in regulation Z.
Truth-in-Lending Act (TILA)
An act that protects consumers against inaccurate credit reporting and requires that lenders and other creditors report correct, relevant, and up-to-date information. If consumer is turned down, they must be notified of the fact of why.
Fair Credit Reporting Act (FCRA)
An act that was established to combat identity theft. Created a national fraud alert system.
Fair and Accurate Credit Transactions Act (FACT)
A notice that states that the debtor has 30 days in which to dispute the debt and to request a written verification of the debt from the collection agency.
Validation notice
An act that attempts to curb perceived abuses by collection agencies.
Fair Debt Collection Practices Act (FDCPA)
When someone uses their property that unreasonably interferes with others’ rights to use or enjoy their own property.
Nuisance
What is the primary federal agency regulating environmental law?
Environmental Protection Agency (EPA)
A statement that is prepared for every major federal action that significantly affects the quality of the environment. KEY WORD = SIGNIFICANT
Environmental Impact Statement (EIS)
An act that provides the basis for issuing regulations to control multistate air pollution. Authorizes the EPA to establish air-quality standards for stationary sources. FOCUSES ON HAZARDOUS AIR POLLUTANTS (HAPs)
The Clean Air Act
Clean Air Act required equipment that is used to reduce emissions.
Maximum achievable control technology (MACT)
What is the U.S.’s first and second regulatory acts over water?
1899 Rivers and Harbors Appropriations Act
1948 Federal Water Pollution Control Act (FWPCA)
What is the amendment act for the FWPCA that regulates over what is dumped into U.S. water supplies?
Clean Water Act (CWA)
True or false.
The CWA doesn’t require permits for certain bodies of water to be dumped in.
False.
Entities need permits to dump into water (renewed every 5 years)
What are the standards for clear water equipment?
Best available control technology (BACT)
An act that requires the EPA to set maximum levels for pollutants in the public water systems.
Safe Drinking Water Act
An act that regulates the transportation and dumping of pollutants into ocean waters.
Ocean Dumping Act
What does the Oil Pollution Act enforce for involved oil companies?
That if the companies discharge oil into navigable waters or close to shores, then they’re liable for clean-up costs and damages.
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), substances must be….. (3 things)
- Registered before sales
- Certified for certain applications
- Used in limited quantities
What is considered the “superfund” regarding fixing damaged environments?
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
A person who generate waste at a site, or transported the waste to the site, or owned or operated the site when the waste was dropped, or is the current owner/operator of a site that waste was dumped.
Potentially Responsible Party (PRP)
A defense that protects a landowner who acquired the property after it was used for hazardous waste disposal. Must show that at the time the property was acquired, he or she had no reason to know that it had been used for waste disposal.
Innocent Land Owner Defense
