Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 19 Administrative Law and Consumer Protection

Prentice Hall © Federal Administrative Agencies Administrative agencies that are part of the executive or legislative branch of government

Prentice Hall © Legislative Powers of Administrative Agencies Substantive rule making Adopting rules that advance the purpose of the statutes that the agency is empowered to enforce Interpretive rule making Adopting rules that interpret statutory language Statements of policy Announcing proposed courses of action the agency plans to take in the future Licensing Granting licenses to applicants and suspending or revoking licenses

Prentice Hall © Executive and Judicial Powers of Administrative Agencies Executive Administrative subpoena Administrative searches Judicial Adjudicating cases through an administrative proceeding Procedural due process Substantive due process

Prentice Hall © Judicial Review of Administrative Agency Actions Conditions for review Case must be ripe for review Petitioner must have exhausted all administrative remedies Standards for review Questions of law Questions of fact Arbitrary, capricious abuse of process test Substantial evidence test Unwarranted by the facts test (or de novo standard of review)

Prentice Hall © Public Disclosure of Agency Actions and Protection of Individual Rights Freedom of Information Act Government in the Sunshine Act Equal Access to Justice Act Privacy Act

Prentice Hall © Caveat Emptor “Let the buyer beware” The traditional guideline of sales transactions

Prentice Hall © Federal Food, Drug, and Cosmetic Act Administered by the Food and Drug Administration Provides a basis for the regulation of the testing, manufacture, distribution, and sale of foods, drugs, cosmetics, and medicinal products in the U.S.

Prentice Hall © Acts that Regulate Product Safety Consumer Product Safety Act Fair Packaging and Labeling Act Poison Prevention Packaging Act Magnuson-Moss Warranty Act Flammable Fabrics Act Child Protection and Toy Safety Act Refrigerator Safety Act

Prentice Hall © Unfair and Deceptive Practices Prohibited by Section 5 of the Federal Trade Commission Act Unfair and deceptive practices include: False and deceptive advertising Bait and switch Door-to-door sales Unsolicited merchandise

Prentice Hall © Federal Consumer-Debtor Protection Acts Truth in Lending Act Consumer Leasing Act Fair Credit and Charge Card Disclosure Act Equal Credit Opportunity Act Fair Credit Reporting Act Fair Credit Billing Act Fair Debt Collection Practices Act Uniform Consumer Credit Code