Consumer Protection FAQ

1. What exactly is consumer protection law?

A. Consumer protection law is present to protect buyers from faulty products or injuries and damages incurred either through the actions of the seller or from the product purchased. It also governs the litigation which takes place when those damages occur.

2. If damages are incurred by the consumer but the seller did not intentionally sell a product knowing that there could be damages; can the consumer still have a case?

A. Many times, yes. This is why it's so important to know the rules and regulations within your state. Often, the consumer can sue the seller or company regardless of the seller or company's best intentions.

3. Do consumer protection laws protect individuals who haven't actually purchased anything?

A. Yes. In fact, in one state a man was able to sue a store because they ran out of an item and did not provide him a rain check. This was a violation to the man's state laws and he therefore won the case.

4. What is the best way to avoid a consumer protection case?

A. The best way to avoid a case is to ensure that you are in compliance with all state and federal consumer protection laws. It is advisable that you have an attorney who is knowledgeable in this area so that you can ensure that you're protected.

5. Is the lemon law covered by consumer protection law?

A. Yes, the lemon law is part of the consumer protection law. The lemon law protects individuals against vehicles sold which repeatedly fail to live up to standards and are therefore deemed useless.

6. Can a company be sued under the consumer protection laws because of something placed in an advertisement?

A. Yes. False advertising is covered by the consumer protection laws. This is when a customer gets an impression of one thing from an advertisement but the actual thing he or she gets is completely different.

7. What if there are no technical false statements in the advertising?

A. Often times, it doesn't matter if the ad is completely and totally true – technically. What matters is the overall impression that the consumers get from the ad. Also, it doesn't matter if anyone is truly fooled by the ad or not – there can still be a case brought against the company.

8. If you're a consumer and you feel that you've been wronged, what should your first step be?

A. You should first write down what it is you think you were wronged about – then you would seek assistance from a consumer protection law attorney. An attorney can help you determine whether you have a case or not and help you determine how to proceed.

9. What sort of cases involving price deception can occur?

A. There are many different kinds of cases, but typically they revolve around two different things. One is when a company claims that something is free, but there is in fact a cost associated with it. The other is when a company makes false comparisons between prices – either with another company's items or their own regular priced items.