reading list: Willis on remedies for consumer fraud

80 Law and Contemporary Problems 7-41 (2017)
Abstract
In resolving cases of unfair, abusive,
and deceptive acts and practices, consumer protection enforcement agencies
often prospectively dictate—in great detail—the design of defendants’
marketing, websites, disclosures, sales processes, and products. However,
advances in technology and analytics increasingly allow defendants to comply
meticulously with these precise requirements while simultaneously continuing to
deceive and injure consumers.
By trying to micromanage
defendants’ conduct, enforcement agencies fail to protect consumers, squander
precious enforcement resources, and create pointless compliance work for
defendants. Defendants themselves are in the best position to ascertain how to
cure the confusion and ill consequences they have wrought and they should bear
ultimate responsibility for doing so.
To effectuate this, this article
introduces two new performance-based remedies to consumer law enforcement: (1)
confusion prohibitions and (2) consequences prohibitions. These injunctive
remedies order defendants to eliminate the confusion and ill consequences
induced by defendants’ fraud. To comply with these prohibitions, defendants
would be required to reduce the confusion and ill consequences they inflicted
on their customers to prescribed levels within a prescribed time period. Defendants
would bear the costs of demonstrating, through independent third-party audits,
their compliance.

Recommended!

from Blogger http://ift.tt/2vX1D7e

Advertisements
This entry was posted in Uncategorized and tagged , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s