Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
CHAPTER 48
THE FEDERAL TRADE COMMISSION ACT
AND CONSUMER PROTECTION LAWS
I. OBJECTIVES
This chapter discusses the various forms of direct government regulation for the protection of
consumers. The chapter is intended to acquaint students with: 1) the FTC and its functions
(especially its regulation of unfair and deceptive acts and practices); and 2) consumer protection
regulation broadly conceived. See the Learning Objectives that appear near the beginning of the
chapter.
II. ANSWERS TO INTRODUCTORY PROBLEM:
The case discussed in the introductory problem is Novartis Corp. v. Federal Trade Commission,
223 F.3d 783 (D.C. Cir. 2000).
A. The FTC’s deception test requires proof that the advertiser made a representation, or failed to
make a disclosure, regarding a material matter, and that the representation or failure to
disclose was likely to mislead consumers acting reasonably under the circumstances.
B. The FTC may base a deceptive advertising proceeding on statements that were literally true
but would be impliedly false or misleading. This means that for purposes of the deception
test referred to above, the advertiser’s representation may be either express or implied.
C. In Novartis, the court upheld the FTC’s determination that the Doan’s advertisements were
deceptive.
D. The FTC ordered Novartis to cease making the deceptive implied claim that Doan’s Pills
were more effective for back pain than other pain relievers. In addition, the FTC ordered
Novartis to engage in corrective advertising to counteract the lingering false impression that
might still exist among consumers as a result of the advertiser’s long history of having made
a false claim regarding the performance of Doan’s Pills. Corrective advertising orders in
deceptive advertising cases do not violate the advertiser’s free speech rights because
deceptive advertisements amount to misleading commercial speech, and misleading
commercial speech receives no First Amendment protection. In order for commercial speech
to receive any First Amendment protection, the commercial speech must be nonmisleading.
III. SUGGESTIONS FOR LECTURE PREPARATION
A. Introduction. Tell students what the chapter is about: direct federal regulation for the
protection of consumers. Note how this expanded in the 1960s and 1970s, and note the
corresponding "product liability explosion" discussed in Chapter 20. Then, outline what the
chapter covers.
B. The FTC in General
1. You should begin with a general description of the FTC. Chapter 47 provides material
that can be used to amplify the discussion in this chapter.
2. After generally describing the FTC, state its functions in general terms. You might break
these down as follows: (1) cracking down on anticompetitive practices; (2) regulating
deception; (3) regulating unfair acts and practices; (4) enforcing most of the specific
48-1
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
consumer protection laws discussed in the last half of the chapter; and (5) enforcing
various other statutes.
3. Briefly note that the FTC's enforcement role has waxed and waned over time. Suggest
that political factors probably best explain these changes.
C. FTC Enforcement Procedures
1. You should be sure that students understand the following:
a. The differences among industry guides, advisory opinions, and trade regulation rules.
b. The main features of FTC adjudicative proceedings.
c. That, contrary to what the statutory language might suggest, the FTC is not limited to
orders compelling the respondent to "cease and desist." The various orders possible
in deceptive advertising cases are examples. Example: Problem Case #1.
d. The nature of consent orders and their significance.
2. FTC Actions in Court:
a. The FTC can obtain district court civil penalties in two situations. The first is when a
private party has knowingly violated a trade regulation rule specifying certain
deceptive acts or practices. The second is when the defendant has knowingly violated
a Commission order directed against another party who has engaged in unfair or
deceptive acts or practices. To illustrate the second situation, suppose that the FTC
orders a firm to cease and desist from making certain advertising claims, and a
competitor of the firm makes the same claims with knowledge of the order.
b. The FTC may sue for consumer redress in two situations: (1) when a private party
violates any trade regulation rule defining unfair or deceptive acts or practices; and
(2) when such a party violates a commission order imposed on it because it has
engaged in unfair or deceptive acts or practices, if it reasonably should have known
that the violation was dishonest or fraudulent.
FTC v. Ross (p. 1307): The U.S. Court of Appeals for the Fourth Circuit holds that the
FTC has legal authority to obtain monetary consumer redress in court even if the
FTC Act explicitly refers only to obtaining injunctive relief. The Fourth Circuit also
holds that a manager or executive of a company may be held individually liable
(along with the company) for a violation of § 5 of the FTC Act if he or she (1)
participated directly in the deceptive practice or had authority to control those
practices; and (2) had or should have had knowledge of the deceptive practices.
Points for Discussion: Note, as an example of what may violate § 5, the particular
deceptive practices involved in this case (even though the real issues here pertain to
the type of relief the FTC may obtain in court and to the appropriate test for whether
an individual affiliated with a company may be held personally liable). Ask the
students why the court concluded, as many other courts have, that the FTC can seek
and obtain consumer redress when it goes to court even though the FTC Act does not
extend such authority. Note the role of a long line of precedent cases on this issue.
Work through the test identified by the court as the appropriate one for determining
whether an individual can be held personally liable. (See the above statement of the
court’s holdings.)
D. FTC Regulation of Anticompetitive Practices
1. Note the various bases of the Commission's statutory authority here. The FTC has
independent authority to enforce the Clayton and Robinson-Patman Acts. Furthermore, §
5 is broad enough to encompass all Sherman Act violations. Also, as the text notes, § 5
encompasses anticompetitive behavior not specifically barred by the antitrust statutes just
48-2
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
mentioned. Then there are the premerger notification requirements of the Hart-Scott-
Rodino Act and the Commission's ability to attack incipient violations.
2. Tell students that most of the FTC's efforts involve the orthodox antitrust violations
discussed in the next two chapters, and that any discussion of those efforts here would
largely be duplicative.
E. FTC Regulation of Deceptive and Unfair Acts or Practices
1. Deception
a. Begin by noting that most deception cases involve deceptive advertising. On the
subject of advertising, you might want to weave ethical decision making issues into
your discussion at some point.
b. Outline the elements of a deception case under the FTC's 1983 Policy Statement.
1) Discuss the various ways that deception can occur (express statements, implied
statements, omissions, even practices). Also, discuss the requirement that
deceptive advertising be "likely to mislead" and note that it does not require
actual deception. The Kraft case, to be examined shortly, is an excellent
classroom discussion vehicle.
2) Discuss the "reasonable consumer" test, its justification, and its applications. It
has been argued that this test may not afford sufficient protection in cases where
unscrupulous parties prey upon the naive, trusting, and unsophisticated.
Examples include telephone pitches to buy "valuable" gems, real estate, oil and
gas leases, etc. Also, it has been argued that the test may not give protection
where the deceptive practice is targeted at a particular group with a special
vulnerability. Terminal cancer patients or AIDS victims might be examples. Here,
however, the Policy Statement arguably addresses the problem. It says that when
deceptive acts are targeted at a particular audience, the FTC will look at its effect
on a reasonable member of that group.
3) Finally, discuss the materiality requirement.
Kraft, Inc. v. Federal Trade Commission (p. 1310): The Seventh Circuit Court of
Appeals upholds the determinations of the administrative law judge and the FTC
Commissioners that in advertisements and commercials for its "Singles" cheese,
Kraft made the false implied claim that each Singles slice contained the same
amount of calcium found in five ounces of milk. Because of calcium losses
during the production process, each Singles slice actually contained 70 percent of
the calcium in five ounces of milk, even though each Singles slice was in fact
made with five ounces of milk. The Seventh Circuit also affirmed the
Commission's issuance of not only a cease-and-desist order but also a "fencing-
in" order under which Kraft could not make calcium or claims or other nutritional
claims regarding its other cheese products unless it possessed reliable scientific
evidence to support such claims.
Points for Discussion: This case is an excellent illustration of how a false
implied claim may be present even when an underlying factual matter (here, that
each Singles slice is made with five ounces of milk) is truthfully stated. The
court sees ample reason for the ALJ and the Commission to have concluded that
consumers would get the erroneous impression that each Singles slice contains
the same amount of calcium in five ounces of milk. Kraft thus went nowhere
with the argument that the truth of its "made with five ounces of milk" statement
should insulate it from deceptive advertising scrutiny. Do your students agree
48-3
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
that the implied claim concerning calcium content was present in the ads and
commercials?
Note the extent to which the Seventh Circuit pays deference to the supposed
expertise of the Commission. The court holds that the Commission need not
have reviewed extrinsic evidence (e.g., a consumer survey) as a prerequisite to
identifying a false implied claim--at least when the implied claim is obvious. In
other words, the Commission may simply review the challenged ads and apply its
expertise to determine that misleading claims--whether express or implied--are
present in the ads. Also note that the Seventh Circuit pays considerable
deference to the Commission in terms of the orders it issues once it finds that
deceptive advertising occurred. The court's rejection of Kraft's challenge of the
"fencing-in" order effectively boils down to a ruling that if the Commission
reasonably believes such an order is necessary, the Commission is entitled to
issue such an order and the court will not second-guess the Commission on that
point.
Do your students agree with the court's conclusion that the milk equivalency
claim was material? Isn't 70 percent of the calcium in five ounces of milk still a
significant amount of calcium? Of course, as the court pointed out, a consumer
interested in calcium content would prefer a product with 100 percent of the
calcium in five ounces of milk over a product with only 70 percent. Yet
evidently no cheese slice made with five ounces of milk could actually have 100
percent of the calcium in that amount of milk, because calcium is lost in the
production process. So, if the product with 70 percent of the calcium is the best
alternative realistically available, wouldn't the consumer concerned about
calcium content still want the 70-percent slice? Questions along these lines may
be interesting to explore with the class. The court's resolution of the materiality
issue provides another indication of the court's tendency to defer to the expertise
and reasonable determinations of the Commission.
Note also how Kraft's own conduct helped bolster the conclusion that the milk
equivalency claim was material. As the court pointed out, Kraft ignored
warnings that the implied claim was both present and material. Moreover, Kraft
spent a great deal of money on the advertising campaign in which the milk
content of Singles slices and the virtues of calcium were loudly trumpeted.
These facts indicate that Kraft must have thought that the milk and calcium
references were material. If the advertiser thought those matters were important
enough to be highlighted repeatedly for consumers, those references (and the
implied representation present in them) probably were material.
Finally, note the ease with which the court rejects Kraft's First Amendment
argument. Deceptive commercial speech, after all, receives no First Amendment
protection. Kraft went nowhere with the argument that the Commission's orders
could chill nondeceptive speech. The court noted that Kraft remained free to say
all sorts of things in its cheese products ads. Kraft was not even prohibited from
making calcium representations or other nutritional representations. Kraft simply
had to have reliable scientific evidence to support any such claims.
Additional Examples: Problem Cases #1, #2, #3, and #7.
c. The Global Business Environment box at p. 1312 of the text contains information on
how nations from various parts of the world take legal aim at the problem of
deceptive advertising.
48-4
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
2. Unfairness
a. Outline the elements of the unfairness test.
1) One example of monetary harm under the "substantial injury" element of the test
involves coerced purchases of unwanted goods or services (e.g., where the
seller's service personnel dismantled home furnaces and then refused to
reassemble them until consumers agreed to buy services or replacement parts).
The Commission has also said, however, that it will not seek to ban an
advertisement merely because it offends the tastes or social beliefs of some
viewers.
2) One might argue that the "balancing" or "net effects" test required by the second
element is typical of the Commission's general approach over roughly the past 15
years. In this connection, the FTC has said that it will take account of the various
costs that a remedy will entail. These, it said, include not only the costs to the
parties directly before the agency, but also the burdens on society in general in
the form of increased paperwork, increased regulatory burdens on the flow of
information, and reduced incentives to innovation and capital formation.
3) With regard to the last element, the FTC has said that its main concern is with
situations in which consumers are prevented from making effective decisions.
Additional examples: where sellers of medical cures exercise undue influence
over susceptible groups such cancer or AIDS victims; the furnace-dismantling
scheme noted above; Problem Case #4.
4) The Ethics in Action box that appears near the end of the chapter (at p. 1331)
discusses the legal and ethical issues presented by a well-known unfairness case,
In re International Harvester Co. This case is a good discussion vehicle
3. Discuss the various remedies that the FTC may order in advertising cases. Note that some
of these go beyond the act's express language. Examples: Problem Case #1; Kraft
(discussed earlier).
4. Mention that FTC orders against deceptive or unfair advertising may be subject to First
Amendment commercial speech attacks. (See Chapter 3.) As noted earlier, however,
protection of commercial speech does not extend to false or deceptive advertising. This
means that First Amendment-based defenses to restrictions on deceptive advertising are
generally doomed to failure (as in Kraft). The most that such arguments have much
chance of accomplishing is an occasional cutback in the scope of an FTC order. Because
unfair advertising is not necessarily deceptive, however, such advertising could carry a
claim to the intermediate level of First Amendment protection accorded commercial
speech. Thus, a First Amendment defense could have a somewhat better chance of
success in an unfair advertising proceeding. Even then, however, a court may be fairly
likely to hold that narrowly tailored FTC regulation of unfair advertising does not run
afoul of the partial First Amendment protection for commercial speech.
F. Consumer Protection Laws
1. Note how we define the term "consumer protection" for purposes of this chapter’s
coverage.
2. Telemarketing Sales Rule (TSR) (promulgated pursuant to the Telemarketing and
Consumer Fraud and Abuse Prevention Act)
a. Discuss what perceived problems Congress was attempting to deal with when it
enacted the statute and directed the FTC to promulgate appropriate regulations (a
directive to which the FTC responded with the TSR).
48-5
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
b. Explain what a telemarketer is (and isn't), for purposes of the TSR. Outline the
disclosure obligations, as well as the prohibitions, placed on telemarketers by the
TSR. Ask the students whether they think that the TSR is likely to be effective in
addressing the problems and abuses Congress and the FTC sought to reduce or
eliminate.
Example: Problem Case #7.
3. Do-Not-Call Registry.
a. Provide a general overview of the Do-Not-Call Registry's legal bases and operation,
including its "opt-in" feature. See p. 1315 and the facts section of the Mainstream
Marketing case. Stress that it applies to unsolicited commercial telemarketing calls
and does not restrict political or charitable fundraising calls. Note that some states
have their own do-not-call laws of a similar nature.
b. Does the Do-Not-Call Registry violate the First Amendment rights of commercial
telemarketers? That was a key issue in Mainstream Marketing.
Mainstream Marketing Services, Inc. v. Federal Trade Commission (p. 1315): The
Tenth Circuit Court of Appeals holds that the FTC had statutory authority to create
the Do-Not-Call Registry (as did the FCC), and that the registry does not violate
commercial telemarketers' First Amendment rights.
Points for Discussion: Briefly note the statutory authority issue, which basically
boils down to this: Even if it was not crystal clear whether the statute initially relied
on by the FTC granted the agency the authority to establish as Do-Not-Call Registry,
a later enactment by Congress obviously gave such authority to the FTC. The court's
main focus in this case was on the First Amendment issue. Ask about: the type of
speech at issue here (commercial speech); what commercial speech is; and the level
of First Amendment protection received by commercial speech (intermediate, as
opposed to the "full" protection extended to noncommercial speech). Provide an
overview of the controlling Central Hudson test. For purposes of that test, does the
government have a substantial underlying regulatory interest at stake? (Of course.)
Note that the case then boils down to the "reasonable fit" elements of the Central
Hudson test. Ask what caused the court to conclude that the Do-Not-Call Registry
was narrowly tailored to the fulfillment of the government's underlying interest. On
what sorts of precedents did the court rely? What if the Do-Not-Call Registry had
also restricted political speech and charitable fundraising calls? Would the outcome
of this case have been different? (Probably so, in view of the greater First
Amendment protection extended to noncommercial speech.)
4. CAN-SPAM Act (see the Cyberlaw in Action box at p. 1314).
a. Note this act's purpose and provide an overview of its basic provisions. In addition,
comment on the doubts about its effectiveness.
b. Do Not Track? Note the text’s mention (see p. 1318) of this potential avenue of
regulatory action by the FTC.
c. Note the discussion of the Child Online Privacy Protection Act in the Cyberlaw in
Action box on p. 1318.
5. Magnuson-Moss Act
a. Note that some of Magnuson-Moss's civil remedies provisions are discussed in
Chapter 20.
b. Emphasize that the act only applies to: a) written warranties (and that it does not
require the giving of such a warranty), b) for consumer products (personal property
48-6
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
used for personal, family, or household purposes), c) to a consumer. Example:
Problem Case #5.
c. Note also that the portions of the act relevant here apply to consumer products
costing more than $15 per item. The various sections of the FTC regulations
accompanying the act state slightly different dollar figures, however.
d. The material on "required warranty information" should speak for itself. The relevant
regulation can be found at 16 C.F.R. § 701.3.
e. The material on presale availability of written warranty terms is a boiled-down
version of 16 C.F.R. part 702.
6. Truth In Lending Act
a. Emphasize that the TILA is basically a disclosure provision that does little to regulate
the terms of consumer loans.
b. The "scope" material on the TILA should speak for itself.
c. The TILA's disclosure provisions vary depending on whether the transaction is for
closed-end credit, open-end credit, or credit card applications and solicitations.
d. The Consumer Leasing Act (discussed in some previous editions but not addressed in
this edition) tracks many TILA provisions and makes them applicable to consumer
leases.
7. Fair Credit Reporting Act
a. Begin by describing credit bureaus, the role they play, and the resulting potential for
abuses of all sorts. Then emphasize that we have two relevant actors here (the
consumer reporting agency and the user), and that the FCRA regulates both. Problem
Cases #8 and #9 involve the FCRA's coverage.
b. When discussing the duties the FCRA imposes on consumer reporting agencies,
emphasize that there are few, if any, limits on the types of data that can be compiled;
and that the act only imposes a duty to adopt reasonable procedures to prevent breach
of the various duties.
c. When discussing the act's disclosure duties, be sure to distinguish those imposed on
users from those imposed on consumer reporting agencies. Then, track through the
procedures that apply when someone disputes the completeness or accuracy of the
credit bureau's information.
d. Safeco Ins. Co. of Am. v. Burr (p. 1321): The Supreme Court held that GEICO could
be obligated under the FCRA to notify policyholders of an "increase" in charge based
on credit rating even if the policyholder had no prior dealings with GEICO. The
reasoning is that if the credit rating factors adversely into the calculation of the
charge, then the charge has been "increased" on account of it. The court held the
baseline charge was not the charge that would have been levied based on a perfect
credit rating, but the charge that would have been levied if credit rating had not been
accounted for.
Points for Discussion: It is understandable that GEICO would argue that rates are not
increased when no lower rate was ever in place anyway. But that argument would
seem to make more sense if the purpose of the FCRA was to keep insurance
policyholders apprised of changes in their policies. That is not the purpose of the act;
it is to keep people apprised of the credit information that circulates about them.
With this purpose in mind, it seems completely irrelevant that an earlier rate may
have once been in place under the policy.
48-7
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
8. FACT Act.
a. Note the congressional concern over the identity theft problem--concern that led to
the enactment of the FACT Act. Provide a general overview of the statute, which
contemplates the promulgation of a detailed FTC regulation. Other legislative and
regulatory measures to combat identity theft are quite likely in the near future.
9. Equal Credit Opportunity Act
a. Note the act's broad coverage, both as to entities covered and prohibited bases of
discrimination.
b. Emphasize that in addition to its broad coverage regarding entities and protected
groups, the ECOA also covers many facets of the decision to grant credit. In fact,
even creditor behavior not specified in the regulations may still violate the ECOA.
The likely reason for this broad coverage is that here we are dealing with
discrimination against groups felt especially deserving of protection. The ECOA
might loosely be regarded as a sort of combined Title VII/Age Discrimination Act for
access to credit. In fact, methods of proof analogous to those used under these acts
sometimes apply in the ECOA context.
Example: Problem Case #10.
10. Fair Credit Billing Act
a. The text's discussion of this statute is probably best approached by asking the class
questions such as: "What can you do if there is an error in your credit card bill?" Note
that the section of the act dealing with correction of billing errors applies only to
extensions of consumer credit. Example: Problem Case #11.
11. Fair Debt Collection Practices Act
a. Stress that the act generally covers only those in the business of collecting debts
owed to others when they seek to recover consumer debts. Also, you might note that
debt collection tactics can result in intentional tort liability. See Chapter 6.
b. With regard to the statute's "communication rules," note that the debt collector can
contact third parties to locate the debtor. However, the act still imposes duties on the
collector in this context. For example, the collector cannot state that the consumer
owes a debt and cannot communicate by post card.
c. Other examples of "harassment or abuse" include: the publication of a list of
consumers who refuse to pay their debts (except to a consumer reporting agency),
and advertisements for the sale of any debt in order to coerce payment of it.
Additional "false or misleading misrepresentations" include statements that any
individual is an attorney. Additional examples of "unfair practices" include:
communicating with the debtor by post card; and taking or threatening to take any
nonjudicial action to dispossess the debtor of his property if there is no right to
possession through an enforceable security interest, there is no present intention to
take possession of the property, or the property is legally exempt from dispossession.
Evory v. RJM Acquisitions Funding, LLC (p. 1327):
The Seventh Circuit held (1) that debt collectors are obligated to provide the same
notice to a lawyer as to an unrepresented debtor; (2) that the standard for deceptive,
harassing, and unfair conduct becomes more lenient when a lawyer is involved; (3)
that the standard for misleading statements shifts as well; (4) that settlement offers
sent directly to consumers may or may not be lawful, depending upon their content;
(5) that coercive settlement offers are not per se lawful simply because they are
addressed to a lawyer; (6) that some "safe harbor" language in a settlement offer will
shield debt collectors from liability; (7) that survey evidence establishing the
48-8
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Chapter 48 - The Federal Trade Commission Act and Consumer Protection Laws
likelihood of deception is best to establish the unlawfulness of a settlement offer; and
(8) that the determination that a statement is false or misleading is not always a
matter of law.
Points for Discussion: Work through the court’s various holdings. Then turn to the
court’s proposed safe harbor language. Isn’t “we are not obligated to renew this
offer” a strange way to keep the debtor aware that his time to pay is not limited?
Understandably, the court wishes to preserve the secrecy that makes a bluff in a
settlement negotiation work. But if the idea is to include language in the bluff that
indirectly renders the bluff transparent, then why preserve the bluff at all?
Additional Examples: Problem Cases #6 and #12.
d. Note the “bona fide error” defense set forth in the FDCPA, but mention the Supreme
Court’s decision in Jerman (see p. 1327of the text). In that case, the Court held that
the bona fide error defense does not apply to mistakes about the legal requirements in
the FDCPA. Rather, it is restricted to mistakes of fact and errors such as clerical
errors.
9. The text's discussion of product safety-related matters provides a general overview. Note
the roles of the Consumer Product Safety Commission.
IV. RECOMMENDED REFERENCES
A. A GUIDE TO THE FEDERAL TRADE COMMISSION (United States Federal Trade Commission
publication).
B. C. EDWIN BAKER, ADVERTISING AND A DEMOCRATIC PRESS.
C. ROY L. MOORE, ADVERTISING AND PUBLIC RELATIONS LAW.
D. DEAN K. FUEROGHNE, "BUT THE PEOPLE IN LEGAL SAID--": A GUIDE TO CURRENT ISSUES IN
ADVERTISING.
E. MARGARET C. JASPER, CONSUMER RIGHTS LAW.
48-9
© 2016 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
