...statistics shows that Virginia accessed the website for downloading dental coverage forms at least three times during the time frame of the alleged discrimination. The commission determined that this ability of Teddy's to track employees' use of the site was a violation of their anonymity and therefore refused to consider this information. The circuit court did consider this in their decision. Provide three recommendations to the CEO for a way to ensure that employees in the future cannot claim "technical issues" for why they didn't make a complaint. Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy. Support these recommendations with current case law. To ensure that an employee cannot claim technical issues in the future: 1. The website statistics should be reviewed on a regular basis by the webmaster to verify if there have been periods of downtime on the site. Any downtime is automatically logged by the system and should be reported to the webmaster immediately following any unusual outages such as a power failure or server issues. The webmaster should document any outages in a spreadsheet in case an issue like this would occur. This should be part of the webmasters daily routine, to check and log these items. 2. There should be at least two means for employees to file a complaint. Most companies have a hotline and a webpage. In this day in age there will always be “technical difficulties”...
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...Consumer Protection Laws and Regulations Unhealthy Lunches Over the past few decades, the American population has developed a reputation of being lazy and obese. It’s an ignorant generalization and stereotype, but is it possible that this has some truth? It may come down to an issue of the children diet and exercise routine. School lunches are usually unhealthy because the prices need to be affordable for families. This topic is very popular in the media more frequently and raising awareness could be a key to recovery. Also, the government should step up and play a bigger part in providing healthier options for schools, especially in low income areas. Another major problem is the example that some parents set. As a parent, one brings another life into the world and it’s their responsibility to guide the child to be successful and live a healthy life. If the parent shows poor eating habits and a lack of self discipline, the child will usually take on the same lifestyle. This will leave the children to a higher risk of disease and mental issues such as low self-esteem or a poor body image. The famous fast food restaurant McDonalds have been a lawsuit target for obese citizens for their health issues and weight problems. With this in mind, it’s safe to say that in 2013, anybody can present a good case in most disputes. Georg and Mary could hire a good lawyer to enforce a legal angle. George and Mary could argue that...
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...words) (2 marks) “ Burden of proof” is the responsibility of the retailer to compensate the consumers if their products/goods have any problems within a certain period of time given (six months of delivery). (30 words) Question 2: Based on the passage, what do you think is the aim of the “burden of proof”? Support your answers. (75-100 words) (3 marks) I think there are tow points of aim. The first point is consumer protection. Consumers could be better protected against unfair business manufacturer accountability. The second point is to hold manufacturers accountable for the products that they produce and ensure that they will be safe to use by consumers. The Lemon Laws not only protect consumers from negligent manufacturers but also those that do make an effort but simply miss a problem while not in the market. The laws oblige manufacturers and dealers alike to have an appropriate response to consumer claims. (90 words) Question 3: What do you think are the practical problems that can arise in passing the Lemon Law? How do you think it can be managed? Support your answers. (250-400 words) (10 marks) Although the Lemon Law was taken effect in some countries on the world from many years ago, in Singapore, it has just been passed on March 9, 2012 and will come into effect in September this year. Certainly there are some problems can arise in passing of the Lemon Law. Firstly, there are many dishonest customers who try to seek repairs or replacement for a product...
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...business successfully as the economy is thriving. Whereas India isn’t a well-developed country and the laws and legislation’s aren’t enforced properly. This could allow other companies to copy McDonald’s products and services without getting caught. As it is a LEDC there is less money in the economy so McDonalds may not be bought as frequently compared to the UK. Availability of transport and internet In the UK the availability of transport is excellent as the roads are good and there are very good transportation vehicles as well so the logistics for McDonald’s is excellent. This means they can get products from location to location easily and efficiently. The availability of the internet in the UK is also really good and reliable and it is quite the norm in society. This is good because McDonald’s can then use this to advertise the business. In India the availability of transport is not as good as the roads are not properly maintained and some locations would be hard to reach. This means the logistics would not be as good and it would be difficult to get products from location to location. The internet is also not that good as it is a luxury and not the average person in India would have access to it. Legal consumer protection law In the UK McDonald’s have certain legal consumer protection laws for consumers that McDonald’s have to comply with for example The consumer protection Act 1987, the sale of...
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...CRITICALLY ASSESS THE VIEW THAT BUSINESSES HAVE A MORAL DUTY TO PUT THEIR CONSUMERS FIRST 1.0 Introduction Nowadays, Malaysia has become one of the develop countries in the world. Many new things have been developed and improved in terms of business administration, economy, facility, technology, culture, education system, and so on. All of these things have a significant relationship with the law. People or organization has the right to be protected and the law have been created to make people’s lives more comfortable and peacefully. Laws have been used to protect consumers for centuries. These laws have been designed in a variety of legal forms, including criminal law, tort, contract, intellectual property, etc. In addition to those laws that specify consumer protection and product liability as their primary concern, numerous other provisions have the effect of protecting the consumer, for example by streamlining the prosecution of fraud, protecting property or facilitating litigation. This study will examine the critically assess the view that businesses have a moral duty to put their consumers first. Legislation of consumer protection in Malaysia now is entering to the new era with the recent introduction of the Consumer Protection Act 1999. 2.0 Business moral duty and consumer protection 2.1 Business moral duty A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical consideration, it is a business moral duty. Often...
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...Chapter 44 Consumer Protection I. Introduction Consumer law issues include those of contracts (including UCC sales), torts, crimes, and product liability, often acting as a backup to the failures and shortcomings of those other areas of the law. All of them provide some measure of consumer protection, yet none stand alone as being complete. They are interdependent and, as such, students must be aware of the big picture of consumer protection. This chapter covers the fourth major set of venues within a quadripartite of remedies available to a wronged or injured consumer. First, there is criminal law. Victims of consumer fraud and similar offenses have always been able to seek state-supported sanctions against wrongdoers. This venue may provide some ephemeral satisfaction for the victim and may even, at least temporarily, protect society from further harm. But criminal law does not truly make the victim whole. As a matter of fact, most of the miscreants convicted of consumer fraud are also judgment proof, i.e., they have no assets from which civil judgments can be satisfied. The second area of consumer protection is found in tort law and the permutations of intentional tort, negligence tort, and strict liability. These remedies can and do provide meaningful substance to civil correction of wrongdoing where the defendant is found to have some financial means. As seen in the prior discussions of these areas, tort law generally...
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...I. E - COMMERCE Electronic commerce, commonly known as e-commerce or eCommerce, consists of the buying and selling of products or services over electronic systems such as the Internet and other computer networks. The amount of trade conducted electronically has grown dramatically since the spread of the Internet. A wide variety of commerce is conducted in this way, spurring and drawing on innovations in electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), automated inventory management systems, and automated data collection systems. Modern electronic commerce typically uses the World Wide Web at least at some point in the transaction's lifecycle, although it can encompass a wider range of technologies such as e-mail as well. A small percentage of electronic commerce is conducted entirely electronically for "virtual" items such as access to premium content on a website, but most electronic commerce involves the transportation of physical items in some way. Online retailers are sometimes known as e-tailers and online retail is known as e-tail. E-commerce or electronic commerce is generally considered to be the sales aspect of e-business. If we want to define a term e – commerce we can choose between various definitions. According WTO it is “production, distribution, marketing, selling and expedition of goods and services by using of electronical measures.” According the Commission that formulates...
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...Business Law and Ethics The Australian Consumer Law Act (Cth) Table Of Contents Page 3 - Topic & Introduction Page 4 - The Old Consumer Law System Page 5 – The New Consumer Law System Page 6 – Comparing the two Systems &The Empowerment of Consumers Page 7 – The Empowerment of Consumers cont’ & Guidance for the both the Consumer and Traders and Legal Practitioners Page 8 - Guidance for the both the Consumer and Traders and Legal Practitioners cont’ Page 9 – The Constitutional Problems & Conclusion Page 10 – Bibliography Topic To compare and evaluate the new and the old. Make comparisons and conclusions regarding changes made and what these changes will mean to both the consumer and business alike. The Australian Consumer Law Act (Cth) came into force in January 2011. Commentators have claimed that the Act will have significant impact on the rights of Australian consumers. The reality is that it will have very little positive impact on the rights of Australian consumers, for much the same reason that the previous consumer regime was largely ineffective.” “Discuss this statement. Introduction The purpose of this paper intends to explain the main differences between the old and the new Australian Consumer Law Act. There have been some major changes and some minor tweaks. There has also been a lot of debate as to whether there was any need for the changes and how exactly these changes implemented will be advantageous to the consumer. The...
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...Policy and Legislature that affect Family and Consumer Science Birdie Bell December 11, 2014 Dr. Lynda Martin POLICY AND LEGISLATURE THAT AFFECT FAMILY AND CONSUMER SCIENCE Family and consumer sciences are an important academic discipline that students in most of North America take as a humanity subject (Brotherson & Duncan, 2004). The aim of this paper is to identify the policies and legislation on families in the United States and consumer science and examples will be used to illustrate these clearly. Federal and State laws on Families The United States Supreme Court has long made a pronouncement that the family law belongs to the individual states within the nation’s federalist system. Even if the federal government has as well undertaken regulation of issues that affect families, initially in a sporadic manner and then in a more consistent manner, the Court has made an affirmation of the primary role of the state in defining family. A large number of commentators show of appreciation of this authority allocation, presenting an argument that that it plays an important role in promoting family pluralism by showing to honor to local values and choices. However, others point out that federalism creates “equality by design” (Laura, 2014, p. 1835). Therefore, a large number of commentators present an argument that deference to states play a role of insulating courts and federal agencies from the disorderliness of family life, thus demeaning the family relationships’...
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...type) | Key Economic Influences | Key Government (Regulatory) Influences | Key Legal (Law and Litigation) Influences | Riordan Manufacturing | Manufacturing | Gross National Product (GNP) or Gross Domestic Product (GDP) growth rateInventory levels | Export restrictions Import tariffs and quotasPolitical stability | Worker safety laws (OSHA)Union regulationsMinimum wage laws | Huffman Trucking | Transportation and logistics | Gross National Product (GNP) or Gross Domestic Product (GDP) growth rate | Regulation | Union regulationsLocal laws & licensesWorker safety laws (OSHA) | Kudler Fine Foods | Food and Beverage | Unemployment rate Consumer confidence | Import tariffs and quotas | Minimum wage laws Consumer protection laws Worker safety laws (OSHA) | McBride Financial Services | Financial Services | Interest ratesMonetary policies Balance of payments | Income tax rates | Consumer protection laws Minimum wage laws Local laws & licenses | The Elias Group | Defense and Aerospace | Consumer confidence Monetary policiesGross National Product (GNP) or Gross Domestic Product (GDP) growth rate | Government debt | Consumer protection laws Minimum wage laws | Smith Systems Consulting | Consumer Goods and Services | Gross National Product (GNP) or Gross Domestic Product (GDP) growth rate Consumer confidence. | Regulation | Minimum wage laws Local laws & licenses | Sparrow, Johnson, &...
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...approving funds for the National Registry. This National Registry would allow Consumers to register on online or through the toll-call-national number in which will protect the Consumers rights of not having calls by Tele-marketers for five years span. After the five years span consumers have the right to renew their phone numbers every five years on this National Registry List and Telemarketers are responsible to update their list every three months by doing so they would not be fined. If they do not honor the National Registry List they will be fined up to amount of $11,000 dollars for their violation. Noted by (Bagner), (Evansburg), (Watson), and (Welch) ( 2003), the Article FTC’s “ Do-Not-Call Program passes Congress” and received funding the National Registry fees will be collected principally from Tele-marketers. Tele-marketers complained that the cost associated with the National Registry could reach into the millions of dollars including Federal Trade Commission or FTC’s fees and expenses, such as new equipment and operator training. However, Tele-marketing is a billion dollar industry so bear the cost and fees or get out of the business. The information technology for this act Do-Not-Call Implementation Act of 2003 was informed from the Internet, WorldWideWeb, plus updated equipment to protect Consumers and the Tele-marketers Company to uphold ethical issue of Consumers rights as a Nation Wide law with this Registry list and uphold...
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...OF CONTENT TABLE OF CONTENT 2 ABSTRACT 4 CHAPTER 1 5 INTRODUCTION 5 1.1 Online Shopping 5 1.2 Security Issues 6 1.3 Computer Crimes Act 1997 7 1.4 Penal Code - Cheating 7 1.5 Electronic-Commerce Act 2006 8 1.6 Consumer Protection Act 1999 8 1.7 Tribunal for Consumer Claim (TCCM) 10 CHAPTER 2 11 FRAUD AND DECEPTION 11 CASES REPORTED 11 2.1 Statistic by PDRM 13 2.2 Statistic by KPDNKK 13 CHAPTER 3 14 RELATION WITH LAW AND ETHICS 14 3.1 Law Related Issues 14 3.5 Ethical and Morality Issues 16 CHAPTER 4 17 RECOMMMENDATION 17 4.1 Consumers Awareness 17 4.2 Enforcement Agency 18 CHAPTER 5 19 CONCLUSION 19 REFERENCES 20 STATUTE 20 ABSTRACT The development of the Internet and the globalization of market have brought changes in business and marketing throughout the world including Malaysia. The increase in world trade due to globalizations has received immense criticisms from society for its detrimental impact on the environment and causing social as well as trade injustices. These issues have led to the emergence of ethical consumers, who challenge business practices by demanding a more ethical conduct in the marketplace. The current legal framework is inadequate to serve as efficient and effective tools of control in protecting consumers against illegal and harmful online business despite the existence of several legislation, guidelines and codes of practice regulating online shopping. The government should think of ways and means of appropriate solutions...
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...punishment for persons who commit crimes that harm businesses. 3. Apply consumer protection law to a business situation. Introduction This week focuses on study of torts, criminal law, and consumer protection law (specifically, product liability). These are each different substantive areas of law that are relevant to business and business persons. Students will distinguish between criminal law and torts, including negligence and intentional torts. Students will also compare the differences between corporations that commit crimes and persons who commit crimes that harm businesses, and they will take a position regarding which presents the greatest threat to civil society, using current events to support their positions. In addition, students will also consider product liability arising from poorly regulated imports, and the impact of potential liability on U.S. companies. Students will also consider product recalls as a preemptory measure to mitigation liability. Students will identify and discuss the elements of negligence and a consumer protection statute. By the end of Week Two, students should understand the difference between crimes and torts, between negligence and intentional torts, and how the issue of product liability impacts businesses and consumers. Required Resources Required Text 1. Please read the following chapters in: Business Law for Managers: a. Chapter 6: Criminal Law b. Chapter 7: Intentional Torts c. Chapter 8: Negligence...
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...will design federal government section keep big businesses in check or will small business be left for the taking. How is the federal trade commission broken to oversee the companies and how these laws are being kept? Why is this so important to the American people? This section of the American is like the godfather of business protection and keeper of guidelines. This area is cornerstone of ensuring a balance to the business world as we know today. You have to ask yourself without them would the economic be safe? Current Mission Let’s take a look at the current mission of the Federal Trade Commission as we know today. As a consumer or business person, you may be more familiar with the work of the Federal Trade Commission than you think. The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies. When the FTC was created in 1914, its purpose was to prevent unfair methods of competition in commerce as part of the...
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...regulations have increased to protect consumers from abuse from corporations as they use this new technology. With the speed of new leaps in the technological advances Congress has created laws such as Do Not Call Implementation Act (2003), Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (US Patriot Act) 2001, Children's Internet Protection Act (2000), No Electronic Theft (NET) Act (1997), Telephone Consumer Protection Act (TCPA) 1991, Video Privacy Protection Act, 1988 and the Computer Fraud and Abuse Act (1986). These are just a few that have come into existence from the information boom. This paper will focus on the Telephone Consumer Protection Act and the Do Not Call Implementation Act. Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 as an answer to the consumer concerns about the rising number of unsolicited telephone marketing calls to their homes. ("Unwanted Telephone Marketing Calls", n.d.) The use of automated and prerecorded messages also helped push the call for federal regulation to be put into place. In response the FCC (Federal Communication Commission) set rules that necessitate that anyone making a solicitation call to your home must make available his or her name, the name of the person or entity on whose behalf they are calling, and a telephone number or address that person or entity can be contacted at. The creation of the Telephone Consumer Protection Act, in turn, prompted the...
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