Consumer Protection Laws and Regulations USA 2024

ICL G-Consumer Protection Law s-The US Chapter This chapter focuses common issues in consumer protection laws, such as substantial provisions, execution measures, relief measures, and expected reforms.

Chapter Content Free Access

1. 1. General
2. 2. Protection of quality and functions of products and services
3. 3. Protection and prohibited matters regarding the safety of products and services
4. 4. Prohibitions regarding "acts" for consumers
5. 5. Other protection / prohibited matters
6. 6. Survey on the possibility of violation
7. 7. Execution
8. 8. Adaptation claims
9. 9. Current trends and expected reforms

1. General

1. 1 What are the laws, regulations, and guidelines related to consumer protection in your areas?

US law protects consumers at the Federal and State Level. The Federal Consumer Protection Law applied at the national level includes the Federal Transactions Committee ("FTC Law"), Dodd Frank ("Wall Street Reform and Consumer Protection Law"), and Gram Reach Blyley (Law). Truth in Lending Act ("Tila"), such as "GLB Law"), Money Lending Business Law ("Tila Law"), Fair Credit Reporting Law ("FCRA Law"), Fair Collection Company ("FCRA Law"). , Fair Credit Reporting Act ("FCRA"), Fair Debt Collection Practice Act ("FDCPA), Equal Credit Opportunity Act (" ECOA ") REVENTION ACT, Child Internet Privacy Protection Law ("COPPA"), Telephone consumer protection law ("TCPA"), video privacy protection law ("VPPA"), federal tort bill ("FTCA"), consumer product safety law ("CPSA"), Federal food drug cosmetics method ("" "" FDCA), Magnason Moss Guarantee Law, Runham Law, 1934 Securities and Exchange Law ("SEC Law").

Under the President of Biden, the Federal Transactions Committee (hereinafter referred to as "FTC") and the Consumer Finance Protection Bureau (hereinafter "CFPB") are becoming more and more active in consumer protection, and to complement the enforcement. We are focusing on the establishment of the rules again. The latest rules are in unfair to mult i-level marketing programs, universities for profit, "gig" employment opportunities, telephone solicitation sales, "junk car charges", government spoofing, commercial monitoring, etc. It focuses on responding to deceptive business practices. Although the rules enactment process takes years, consumer protection is usually enhanced rather than enforcement only, and companies provide meaningful guidelines.

Federal regulations are also evolving to keep pace with consumer shopping experiences that are increasingly online. For example, the FTC is working on developing new regulations regarding deceptive and unfair product review and endorsement practices, such as the use of false reviews, suppressing negative reviews, and paying for positive reviews. The FTC is also evaluating how best to combat and prevent the harmful effects of artificial intelligence (AI). For example, the FTC recently launched the Voice Cloning Challenge to develop ideas to protect consumers from deceptive performance that uses AI voice cloning to harm the marketplace.

In addition to the evolving federal regulatory system, most states have one or more consumer protection laws that prohibit unfair and deceptive business practices within their state. The states with the broadest and most flexible prohibitions include Hawaii, California, Illinois, Massachusetts, New York, Connecticut, and Vermont.

Perhaps the best-known examples of state consumer protection laws are the California Consumer Legal Remedies Act ("CLRA") and the New York General Business Law ("GBL"). Strong examples of state privacy laws are the Illinois Biometric Information Privacy Act ("BIPA") and the California Consumer Confidentiality Act ("CCPA").

1. 2 What is the definition of "consumer" (i. e., who is protected by consumer protection laws)?

Consumer protection laws are laws that protect purchasers of goods and services from defective products and misleading and deceptive business practices. The definition of "consumer" is set by law and varies depending on the nature of the goods or services being regulated. For example, under the Uniform Commercial Code ("UCC"), a collection of laws adopted by most states to regulate interstate commerce, "a 'consumer' means a person who enters into a transaction primarily for personal, family, or household purposes. UCC § 1-201. Under the Dodd-Frank Act, which reformed financial regulations after the 2007-2009 Great Recession, "'consumer' means an individual or an agent, fiduciary, or representative acting on behalf of an individual." Under the FCRA, which limits the use of information held by consumer information agencies, the term simply means "an individual." The TCPA protects businesses as well as individuals from telemarketing. Title 47, United States Code, Section 227. Federal regulations are also evolving to keep pace with the increasingly online consumer shopping experience. For example, the FTC is working on developing new regulations regarding deceptive and unfair product review and endorsement practices, such as the use of false reviews, suppressing negative reviews, and paying for positive reviews. The FTC is also evaluating how best to combat and prevent the harmful effects of artificial intelligence (AI). For example, the FTC recently launched the Voice Cloning Challenge to develop ideas to protect consumers from deceptive performance that uses AI voice cloning to harm the marketplace.

In addition to an evolving federal regulatory regime, most states have one or more consumer protection laws that prohibit unfair and deceptive business practices within their state. The states with the broadest and most flexible prohibitions include Hawaii, California, Illinois, Massachusetts, New York, Connecticut, and Vermont.

The best-known examples of state consumer protection laws are perhaps the California Consumer Legal Protection Act ("CLRA") and the New York General Business Law ("GBL"). Leading examples of state privacy laws are the Illinois Biometric Information Privacy Act ("BIPA") and the California Consumer Privacy Act ("CCPA").

1. 2 What is the definition of "consumer" (i. e., who is protected by consumer protection laws)?

Consumer protection laws are laws that protect purchasers of goods and services from defective products and misleading and deceptive business practices. The definition of "consumer" is set by statute and varies depending on the nature of the goods and services being regulated. For example, under the Uniform Commercial Code (UCC), a collection of laws adopted by most states to regulate interstate commerce, “‘consumer’ means a person who transacts primarily for personal, family, or household purposes. UCC §1-201. Under the Dodd-Frank Act, which reformed financial regulations after the 2007-2009 Great Recession, “‘consumer’ means an individual or an agent, fiduciary, or representative acting on behalf of an individual.” Under the FCRA, which limits the use of information held by consumer reporting agencies, the term simply means “an individual.” The TCPA protects individuals as well as businesses from telephone solicitations. 47 U. S. C. § 227. Federal regulations are also evolving to keep pace with consumer shopping experiences that are increasingly online. For example, the FTC is working on developing new regulations regarding deceptive and unfair product review and endorsement practices, such as the use of false reviews, suppression of negative reviews, and payment for positive reviews. The FTC is also evaluating how best to combat and prevent the harmful effects of artificial intelligence (AI). For example, the FTC recently launched the Voice Cloning Challenge to develop ideas for protecting consumers from deceptive performance that uses AI voice cloning to harm the market.

In addition to an evolving federal regulatory system, most states have one or more consumer protection laws that prohibit unfair and deceptive business practices within their state. The states with the broadest and most flexible prohibitions include Hawaii, California, Illinois, Massachusetts, New York, Connecticut, and Vermont.

Perhaps the best-known examples of state consumer protection laws are the California Consumer Legal Protection Act ("CLRA") and the New York General Business Law ("GBL"). Leading examples of state privacy laws are the Illinois Biometric Information Privacy Act ("BIPA") and the California Consumer Confidentiality Act ("CCPA").

1. 2 What is the definition of "consumer" (i. e., who is protected by consumer protection laws)?

Consumer protection laws are laws that protect purchasers of goods and services from defective products and misleading and deceptive business practices. The definition of a "consumer" is set by law and varies depending on the nature of the goods or services being regulated. For example, under the Uniform Commercial Code ("UCC"), a collection of laws adopted by most states to regulate interstate commerce, "A 'consumer' is a person who enters into a transaction primarily for personal, family, or household purposes. UCC § 1-201. Under the Dodd-Frank Act, which reformed financial regulations after the 2007-2009 Great Recession, "A 'consumer' means an individual or an agent, fiduciary, or representative acting on behalf of an individual." Under the FCRA, which limits the use of information held by consumer information agencies, the term simply means "an individual." The TCPA protects businesses as well as individuals from telephone solicitations. 47 U. S. C. § 227.

2. Protections in Relation to the Quality and Function of Goods and Services

In the state law, the definition of "consumer" may be limited (or those who seek goods or services by lease for personal, family, or homely purposes (for personal, family, or homely purpose) For example, see Cal. Civ. Code § 1761 (D)). See Civ. Code Article 1761 (D). For example, in the Texas deceptive transaction and consumer protection law ("DTPA"), consumers' definition shows "individuals, partnerships, corporations, small categories or institutions in Honshu or Honshu. Includes what you want or obtained by purchasing or wreath. Tex. Bus. & Amp; amp; com. Code Article 17, Paragraph 45 (4). Code § 17.

1. 3 Who needs to comply with the Consumer Protection Law?

The compliant subject depends on the laws and regulations. For example, the FTC method is applied to the “Bank, Saving Loan Association (...), Federal Credit Association (...), joint venture (...), and the Packers and Stockyards Act. Applied to 15 U. S. C. § 45 (A) (2), excluding individuals, partnerships, and corporations. The Dodd Frank Law applies to "people engaged in or provided or provide consumer finance products or services" and those related companies. Article 5481 (6) of the United States Law Collection 12 (6). The State Conservation Law provides a wide range of prohibited items that are usually applied to all those engaged in commercial acts. For example, the Connecticut State unfair transaction convention stipulates that "any number of people shall not be involved in unfair competition and independent or deceptive acts or compassions in the implementation of commercials." 。 Connecticut State Law §42-110B (A). However, many laws have certain exceptions. For example, Pennsylvania's unfair transactions and consumer protection laws ("UTPCPL") impose a strict responsibility standard for companies, but have been in good faith and deceptive advertisements without knowing deception. Includes exceptions to the body. Article 73 of the Federal Rules, Article 201-3.

1. 4 Which institution is in charge of execution of the Consumer Protection Law (that is, who is an investigator and who is a judge). In the < SPAN> state law, the definition of "consumers" is limited to "persons who purchase or wreaths by purchasing or leasing goods or leases for personal, family, or homely purposes. (For example, Cal. Civ. Code § 1761 (D)). See Civ. Code Article 1761 (D). For example, in the Texas deceptive transaction and consumer protection law ("DTPA"), consumers' definition shows "individuals, partnerships, corporations, small categories or institutions in Honshu or Honshu. Includes what you want or obtained by purchasing or wreath. Tex. Bus. & Amp; amp; com. Code Article 17, Paragraph 45 (4). Code § 17.

1. 3 Who needs to comply with the Consumer Protection Law?

The compliant subject depends on the laws and regulations. For example, the FTC method is applied to the “Bank, Saving Loan Association (...), Federal Credit Association (...), joint venture (...), and the Packers and Stockyards Act. Applied to 15 U. S. C. § 45 (A) (2), excluding individuals, partnerships, and corporations. The Dodd Frank Law applies to "people engaged in or provided or provide consumer finance products or services" and those related companies. Article 5481 (6) of the United States Law Collection 12 (6). The State Conservation Law provides a wide range of prohibited items that are usually applied to all those engaged in commercial acts. For example, the Connecticut State unfair transaction convention stipulates that "any number of people shall not be involved in unfair competition and independent or deceptive acts or compassions in the implementation of commercials." 。 Connecticut State Law §42-110B (A). However, many laws have certain exceptions. For example, Pennsylvania's unfair transactions and consumer protection laws ("UTPCPL") impose a strict responsibility standard for companies, but have been in good faith and deceptive advertisements without knowing deception. Includes exceptions to the body. Article 73 of the Federal Rules, Article 201-3.

1. 4 Which institution is in charge of execution of the Consumer Protection Law (that is, who is an investigator and who is a judge). In the state law, the definition of "consumer" may be limited (or those who seek goods or services by lease for personal, family, or homely purposes (for personal, family, or homely purpose) For example, see Cal. Civ. Code § 1761 (D)). See Civ. Code Article 1761 (D). For example, in the Texas deceptive transaction and consumer protection law ("DTPA"), consumers' definition shows "individuals, partnerships, corporations, small categories or institutions in Honshu or Honshu. Includes what you want or obtained by purchasing or wreath. Tex. Bus. & Amp; amp; com. Code Article 17, Paragraph 45 (4). Code § 17.

1. 3 Who needs to comply with the Consumer Protection Law?

The compliant subject depends on the laws and regulations. For example, the FTC method is applied to the “Bank, Saving Loan Association (...), Federal Credit Association (...), joint venture (...), and the Packers and Stockyards Act. Applied to 15 U. S. C. § 45 (A) (2), excluding individuals, partnerships, and corporations. The Dodd Frank Law applies to "people engaged in or provided or provide consumer finance products or services" and those related companies. Article 5481 (6) of the United States Law Collection 12 (6). The State Conservation Law provides a wide range of prohibited items that are usually applied to all those engaged in commercial acts. For example, the Connecticut State unfair transaction convention stipulates that "any number of people shall not be involved in unfair competition and independent or deceptive acts or compassions in the implementation of commercials." 。 Connecticut State Law §42-110B (A). However, many laws have certain exceptions. For example, Pennsylvania's unfair transactions and consumer protection laws ("UTPCPL") impose a strict responsibility standard for companies, but have been in good faith and deceptive advertisements without knowing deception. Includes exceptions to the body. Article 73 of the Federal Rules, Article 201-3.

1. 4 Which institution is in charge of execution of the Consumer Protection Law (that is, who is an investigator and who is a judge).

Various federal agencies enforce consumer protection laws, including the FTC, Consumer Financial Protection Bureau (CFPB), Federal Communications Commission (FCC), Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), and United States Department of Agriculture (USDA). At the state level, each state's Attorney General investigates and enforces consumer protection laws. In some states, the Attorney General also has the authority to prosecute consumer protection claims. In California, the Department of Consumer Affairs (DCA) has an internal division with the authority to investigate consumer complaints and enforce state consumer protection laws.

Many state consumer protection laws also include a private right of action, allowing consumers to defend their rights in court, either in parallel with or independent of government actions. This serves as an important "gap fill" measure to ensure greater compliance and accountability that cannot be achieved through regulatory actions alone. Some states require businesses to provide advance notice of suspected deceptive practices before filing suit. This allows businesses a safe harbor to respond to private claims and avoid legal liability and other penalties.

1. 5 Are there specific agencies that regulate/enforce consumer protection laws in specific jurisdictions?

Yes, there are eight sections of the FTC: (1) Advertising Practices; (2) Consumer and Business Education; (3) Enforcement; (4) Marketing Practices; (5) Consumer Affairs and Operations; (6) Financial Practices; (7) Technology and Forensic Analysis.

CFPB regulates entities that offer consumer financial products and services.

FCC implements and enforces the Federal Communications Act.

CPSC enforces federal laws to protect the public from unsafe consumer products.

3. Protections/Prohibitions in Relation to the Safety of Goods and Services

FDA regulates certain consumer products, including food, drugs, biological products, medical devices, cosmetics, and tobacco.

The Securities and Exchange Commission (SEC) identifies and investigates violations of federal securities laws and regulations through civil and administrative actions.

In addition, the U. S. Department of Agriculture regulates certain agricultural products.

2. 1 Describe the protections that consumers have regarding the quality and functionality of goods and services they obtain.

At the federal level, agencies such as the FDA and USDA regulate the quality and operation of goods and services such as food, drugs, and agriculture. At the state level, the nearly universally adopted UCC includes provisions on express and implied warranties. See UCC § 2-313-2-315. Some state laws have requirements regarding the quality of goods. For example, California's CLRA prohibits "any warranty of a product or service that has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that a person does not have, or that has sponsorship, approval, status, affiliation, or relationship that a person does not have." Many states also allow common law claims for fraud or breach of express and implied warranties.

2. 2 Explain the substantive tests for these protections.

The substantive tests vary depending on the product or service and the regulation or guideline at issue. Under the UCC, if a seller makes any promises or provides any descriptions or models about the product, the product must conform to them. See UCC § 2-313. Goods must also "pass unchallenged in commerce; be of "fair average quality" in the case of perishable goods; be "fit for ordinary purpose;" be "performance" within the margin of variation permitted by contract; be "properly confined, packaged, and labeled;" and "conform to any promise or affirmation made on the container or label, if any." Id. § 2-314(2). In addition, if the seller had reason to know that the buyer was acquiring the goods for a particular purpose, the goods must be fit for that purpose. See Id. § 2-315. Other substantive tests in state law vary by jurisdiction.

2. 3 What types of goods and services are covered by the quality protection for goods and services?

All products and services sold to Americans for personal use are subject to state law and federal law that regulates transparency, sales suitability, and fraud. The target products and services vary depending on the protection source. For example, UCC is applied to commercial products. See UCC §2-102. FDA has promulgated the current appropriate manufacturing standards (CGMP) regulations on the quality of pharmaceuticals. 21 C. F. R. Part 210; 21 C. F. R. Part 210. 21 C. F. R. Part 211. The U. S. Ministry of Agriculture has set the quality standards for various agricultural products such as meat, eggs, fruits and vegetables. For example, see Article 606 of the United States Law Collection, Article 606 (about the examination of meat products).

2. 4 Are there any exceptions in these protections?

There may be an exception, which depends on the law and the rules. For example, UCC is generally applied to all commercial product sales, but the parties can change the protections available to businesses in terms of contracts. For example, see UCC §2-316 (provisions for elimination or change of warranty).

2.

In the event of a risk of product defects and consumer safety as a result of the protection of these protections, the forced execution by the Federal or State Regulatory Organization may be included in the relief measures. For example, if a defective FDA test product is on the market, the FDA may issue a recall. For example, see Article 3501 of the United States Law Collection 21. Similarly, the US Ministry of Agriculture has the authority to detain and seize defective products having regulatory authority. See Article 672-73. If you violate the FDA or USDA regulation, criminal penalties or civil punishments may be imposed. For example, under §333 & amp; amp? 335β. UCC, "the value of the damages for violating the warranty is the value of the delivered product and the value of the guarantee that it would have had it. UCC § 2-714 (2). UCC 2-714 (2). Includes contracted compensation < Span> All products and services sold to Americans are the state law and federal law that regulates the possibility of transparency, aptitude, and fraud. The target product and the type of service are applied to the UCC. The standard ("CGMP") regulations are promulgated. 21 C. F. R. Part 210; 21 C. F. R. Part 210. 21 C. F. R. Part 211. The U. S. Ministry of Agriculture has set the quality standards for various agricultural products such as meat, eggs, fruits and vegetables. For example, see Article 606 of the United States Law Collection, Article 606 (about the examination of meat products).

2. 4 Are there any exceptions in these protections?

There may be an exception, which depends on the law and the rules. For example, UCC is generally applied to all commercial product sales, but the parties can change the protections available to businesses in terms of contracts. For example, see UCC §2-316 (provisions for elimination or change of warranty).

2.

In the event of a risk of product defects and consumer safety as a result of the protection of these protections, the forced execution by the Federal or State Regulatory Organization may be included in the relief measures. For example, if a defective FDA test product is on the market, the FDA may issue a recall. For example, see Article 3501 of the United States Law Collection 21. Similarly, the US Ministry of Agriculture has the authority to detain and seize defective products having regulatory authority. See Article 672-73. If you violate the FDA or USDA regulation, criminal penalties or civil punishments may be imposed. For example, under §333 & amp; amp? 335β. UCC, "the value of the damages for violating the warranty is the value of the delivered product and the value of the guarantee that it would have had it. UCC § 2-714 (2). UCC 2-714 (2). All products and services sold to Americans for personal use are subject to state law and federal law that regulate the possibility of transparency, aptitude, and fraud. See UCCs, for example, the type of service. "CGMP") Reforms are promulgated. 21 C. F. R. Part 210; 21 C. F. R. Part 210. 21 C. F. R. Part 211. The U. S. Ministry of Agriculture has set the quality standards for various agricultural products such as meat, eggs, fruits and vegetables. For example, see Article 606 of the United States Law Collection, Article 606 (about the examination of meat products).

2. 4 Are there any exceptions in these protections?

4. Prohibitions Relating to “Conduct” Against Consumers

There may be an exception, which depends on the law and the rules. For example, UCC is generally applied to all commercial product sales, but the parties can change the protections available to businesses in terms of contracts. For example, see UCC §2-316 (provisions for elimination or change of warranty).

2.

In the event of a risk of product defects and consumer safety as a result of the protection of these protections, the forced execution by the Federal or State Regulatory Organization may be included in the relief measures. For example, if a defective FDA test product is on the market, the FDA may issue a recall. For example, see Article 3501 of the United States Law Collection 21. Similarly, the US Ministry of Agriculture has the authority to detain and seize defective products with regulatory authority. See Article 672-73. If you violate the FDA or USDA regulation, criminal penalties or civil punishments may be imposed. For example, under §333 & amp; amp? 335β. UCC, "the value of the damages for violating the warranty is the value of the delivered product and the value of the guarantee that it would have had it. UCC § 2-714 (2). UCC 2-714 (2). Includes damages agreed under contract.

In states that provide for a private right of action, individuals may also seek monetary and injunctive relief. For example, California's CLRA permits private civil actions against businesses that use "unfair competitive methods and unfair or deceptive acts or practices." The remedies available under the CLRA are broad and include monetary damages, compensatory and injunctive relief, and attorneys' fees, Cal. Civil Code. § 1780(a). Consumer plaintiffs often bring parallel claims under the California Unfair Competition Law ("UCL"), which provides similar protection against deceptive trade practices. Under the UCL, "the primary form of relief available to protect consumers from unfair trade practices is [...] injunctions." (In re: Case Case, 46 Cal. 2017). 2. 6 Who or what organization has the authority to bring an infringement suit? If a violation of a product's quality or functionality protection involves a product defect or a safety risk to consumers, federal and state agencies may have the authority to initiate an infringement action. For example, under certain circumstances, the CPSC, FDA, and USDA have the authority to require (and potentially pursue) the removal of a defective product from the market. In addition, these agencies, in conjunction with the Department of Justice, may bring enforcement actions that may result in civil and criminal penalties. The U. S. Department of Agriculture's Food Inspection Service ("FSIS") may also take enforcement actions that may result in a food facility losing its ability to commercially produce, sell, or distribute the product. See 9 CFR § 500. For breaches of warranties under the UCC or common law, the injured party may bring a civil action seeking damages or injunctive relief. Individual consumers may also bring private or class actions for breaches of state or common law obligations.

2. 7 Describe at least two instances in the past five years where these safeguards have been implemented publicly or privately, including the actual/implied actions, the results, and any sanctions imposed.

In late 2023, federal tobacco regulators sent warning letters to three online retailers giving them 15 days to stop selling Luckee Vape Daniels brand products after the FDA continued to call out retailers for selling vapes that "shamelessly" targeted minors. The vapes were designed to resemble a Jack Daniels whiskey bottle and were released in the following flavors: Frozen Piña Colada, Frozen Strawberry Daiquiri, Frozen "Mangorita", Frozen Strawberry Daiquiri, and Watermelon Martini. Not only the design of the vapes but also the flavors offered targeted minors. In December 2023 alone, the FDA sent over 400 warning letters to retailers across the U. S. for the sale of unauthorized e-cigarettes. After issuing a warning letter, the Center for Tobacco Products can then take the next step of filing a civil complaint against the manufacturer, which it has done 38 times between February and December 2023. See hyperlink

In late 2023, a federal court in Arizona approved a settlement between the U. S. Department of Justice and a pharmaceutical company to resolve allegations that the company marketed a vaginal cream as 99. 8% effective at preventing pregnancy without FDA approval. The settlement holds the company accountable and will now comply with the FDCA, prohibiting the company (and others) from selling contraceptives that are considered drugs without FDA approval. See United States v. Smart Women's Choice, Inc. (No. CV-23-02112) (Arizona).

In one example of a successful private enforcement action, consumers settled a class action claim in 2023 against Celsius, a manufacturer of energy drinks that labeled their products "preservative-free" despite the fact that they contained citric acid (a known preservative). The $7. 8 million settlement was redistributed to affected consumers, and labeling changes were made, including the removal of the "preservative-free" claim. Thus, due to affirmative action by individual consumers, Celsius energy drinks must now be marketed in good faith. See Prescod v. Celsius Holdings, Inc. et. Al (No. 19STCV09321) (LA Superior Cort).

3. 1 Explain the protections regarding the safety of goods and services obtained by consumers.

At the Federal Level, there is CPSA: "(1) Protect the people from unreasonable damage risks related to consumer products. (2) To make consumers comparable and evaluate the safety of consumer products. (3) Formulation of consumer products, the US and regional regulations are [minimizable]. Provide safety standards. Article 30101 (1) of the United States Law Collection 49 (1). FDCA is an attempt to ensure the safety of food, pharmaceuticals, medical devices, and cosmetics. 21 USC § 301 et Seq. There are also many federal laws that deal with the safety of various agricultural products. For example, 21 USC §451 et Seq. In addition, there are various state laws to ensure the safety of consumer goods and services. For example, G. California Shaman Law, Cal. Health Code & Amp; Amp? Safety §109875 et Seq.

State law and federal law also affect safety through display and disclosure requirements. For example, Article 65 of the California Proposal states that "the person who performs business tasks has a clear and rational warning to chemicals that are known to cause cancer or reproductive poisoning in the state. None, it must not be intentionally exposed. " Code § 25249. Many states have also granted associated commonlers, for example, manufacturing liability and production negligence.

3. 2 Explain the substantive test of these protections. < SPAN> At the Federal Level, there is CPSA: "(1) Protect the people from unreasonable injury risks related to consumer products. (2) Consumers can compare the safety of consumer products. (3) Formulation of consumer products, the United States and Regional Collatement, "Minimizes Article 2051 (B). Is "stipulating the safety standards of cars." Article 30101 (1) of the United States Law Collection 49 (1). FDCA is an attempt to ensure the safety of food, pharmaceuticals, medical devices, and cosmetics. 21 USC § 301 et Seq. There are also many federal laws that deal with the safety of various agricultural products. For example, 21 USC §451 et Seq. In addition, there are various state laws to ensure the safety of consumer goods and services. For example, G. California Shaman Law, Cal. Health Code & Amp; Amp? Safety §109875 et Seq.

State law and federal law also affect safety through display and disclosure requirements. For example, Article 65 of the California Proposal states that "the person who performs business tasks has a clear and rational warning to chemicals that are known to cause cancer or reproductive poisoning in the state. None, it must not be intentionally exposed. " Code § 25249. Many states have also granted associated commonlers, for example, manufacturing liability and production negligence.

3. 2 Explain the substantive test of these protections. At the Federal Level, there is CPSA: "(1) Protect the people from unreasonable damage risks related to consumer products. (2) To make consumers comparable and evaluate the safety of consumer products. (3) Formulation of consumer products, the US and regional regulations are [minimizable]. Provide safety standards. Article 30101 (1) of the United States Law Collection 49 (1). FDCA is an attempt to ensure the safety of food, pharmaceuticals, medical devices, and cosmetics. 21 USC § 301 et Seq. There are also many federal laws that deal with the safety of various agricultural products. For example, 21 USC §451 et Seq. In addition, there are various state laws to ensure the safety of consumer goods and services. For example, G. California Shaman Law, Cal. Health Code & Amp; Amp? Safety §109875 et Seq.

State law and federal law also affect safety through display and disclosure requirements. For example, Article 65 of the California Proposal states that "the person who performs business tasks has a clear and rational warning to chemicals that are known to cause cancer or reproductive poisoning in the state. None, it must not be intentionally exposed. " Code § 25249. Many states have also granted associated commonlers, for example, manufacturing liability and production negligence.

3. 2 Explain the substantive test of these protections.

Substantial tests vary depending on the government's law and regulations, from specific to a wide range. For example, CPSCs are widely prohibited selling consumer products, including defects that can cause substantial danger, and products that cause serious injury or unreasonable dangers. However, there are very specific requirements for specific products. For example, the fact that there is one or more strings of "outerwear for children 2 to 16 to 16" is considered a substantial risk. 16 CFR §1120. 3 (B) (1). The relevant "standards prohibit the food and neck strings of the children's outerwear", and impose specific restrictions on the use of the woven or hem string on the children's outerwear. Hyper link]?

3. What kind of products / services are applied by protection regarding the safety of product and services?

Federal law, state law, local law, regulations, guidelines, and regulations are mixed, covering consumer products and services widely. In addition to being able to claim by Common Low, there are few consumer products and services that can escape insurance protection.

5. Other Protections/Prohibitions

3. 4 Are there any exceptions in these protections?

Exceptions may be stipulated in individual laws, regulations, and ordinances, and in some cases, Federal Law may lead the state law. However, as mentioned in the question 3. 3, consumer products and services are rarely excluded from insurance protection.

3. 5 What kind of relief measures are available if they violate the safety of products and services?

Relief measures include product recovery, seized, civil and criminal penalties. Individuals can also seek the rescue of the injunction and / or punishment, or compensation for compensation, or punishment, through private civil lawsuits (individual litigation or group litigation).

3. 6 Is there an obligation to report the safety of products or services? < SPAN> Substantial tests vary depending on the government's laws and regulations, from specific to a wide range. For example, CPSCs are widely prohibited selling consumer products, including defects that can cause substantial danger, and products that cause serious injury or unreasonable dangers. However, there are very specific requirements for specific products. For example, the fact that there is one or more strings of "outerwear for children 2 to 16 to 16" is considered a substantial risk. 16 CFR §1120. 3 (B) (1). The relevant "standards prohibit the food and neck strings of the children's outerwear", and impose specific restrictions on the use of the woven or hem string on the children's outerwear. Hyper link]?

3. What kind of products / services are applied by protection regarding the safety of product and services?

Federal law, state law, local law, regulations, guidelines, and regulations are mixed, covering consumer products and services widely. In addition to being able to claim by Common Low, there are few consumer products and services that can escape insurance protection.

3. 4 Are there any exceptions in these protections?

Exceptions may be stipulated in individual laws, regulations, and ordinances, and in some cases, Federal Law may lead the state law. However, as mentioned in the question 3. 3, consumer products and services are rarely excluded from insurance protection.

3. 5 What kind of relief measures are available if they violate the safety of products and services?

Relief measures include product recovery, seized, civil and criminal penalties. Individuals can also seek the rescue of the injunction and / or punishment, or compensation for compensation, or punishment, through private civil lawsuits (individual litigation or group litigation).

3. 6 Is there an obligation to report the safety of products or services? Substantial tests vary depending on the government's law and regulations, from specific to a wide range. For example, CPSCs are widely prohibited selling consumer products, including defects that can cause substantial danger, and products that cause serious injury or unreasonable dangers. However, there are very specific requirements for specific products. For example, the fact that there is one or more strings of "outerwear for children 2 to 16 to 16" is considered a substantial risk. 16 CFR §1120. 3 (B) (1). The relevant "standards prohibit the food and neck strings of the children's outerwear", and impose specific restrictions on the use of the woven or hem string on the children's outerwear. Hyper link]?

3. What kind of products / services are applied by protection regarding the safety of product and services?

Federal law, state law, local law, regulations, guidelines, and regulations are mixed, covering consumer products and services widely. In addition to being able to claim by Common Low, there are few consumer products and services that can escape insurance protection.

3. 4 Are there any exceptions in these protections?

Exceptions may be stipulated in individual laws, regulations, and ordinances, and in some cases, Federal Law may lead the state law. However, as mentioned in the question 3. 3, consumer products and services are rarely excluded from insurance protection.

3. 5 What kind of relief measures are available if they violate the safety of products and services?

6. Investigation of Potential Breaches

Relief measures include product recovery, seized, civil and criminal penalty. Individuals can also seek the rescue of the injunction and / or punishment, or compensation for compensation, or punishment, through private civil lawsuits (individual litigation or group litigation).

3. 6 Are there any obligation to report the safety of products or services?

yes. The manufacturer must also report to the CPSC if there are three civil lawsuits related to death or serious personal injury related to the same product, and as a result, if the settlement or plaintiff is ruled. 。 See Article 2084.

3. 7 Explain any or forced product safety recall system.

If a company is notified that the products manufactured, distributed, and sold are dangerous, voluntary collection may be implemented based on the regulations issued by CPSC. "Voluntary correction measures plan" is a company plan that repairs or exchanges defective products, including the product that has become a problem, explanation of danger, and a company plan that provides notification to the general public and affected people (for example, letter. Specific details of press releases or corrective advertisements) and statements about future actions to prevent recurrence. See 16 CFR § 1115. If forced product recovery is necessary, CPSC will issue a procurement order after the parties and stakeholders have the opportunity to hear, or a commercial distribution of products that are considered to be "dangerous". You can apply for a provisional discrepancy order to the U. S. District Court (omitted). " Federal Rules Collection 16, Article 1115 (A)-(b). Similarly, consumer products under FDA may be recalled by voluntary or forced procedures. 21 CFR § 7. 40 See others. In addition, Article 810, Paragraph 10

3. 8 In the past five years, there are at least two cases in which these protections have been publicly implemented public or private, including suspected violations / violations, as a result, and imposed sanctions. < SPAN> Yes. The manufacturer must also report to the CPSC if there are three civil lawsuits related to death or serious personal injury related to the same product, and as a result, if the settlement or plaintiff is ruled. 。 See Article 2084.

3. 7 Explain any or forced product safety recall system.

If a company is notified that the products manufactured, distributed, and sold are dangerous, voluntary collection may be implemented based on the regulations issued by CPSC. "Voluntary correction measures plan" is a company plan that repairs or exchanges defective products, including the product that has become a problem, explanation of danger, and a company plan that provides notification to the general public and affected people (for example, letter. Specific details of press releases or corrective advertisements) and statements about future actions to prevent recurrence. See 16 CFR § 1115. If forced product recovery is necessary, CPSC will issue a procurement order after the parties and stakeholders have the opportunity to hear, or a commercial distribution of products that are considered to be "dangerous". You can apply for a provisional discrepancy order to the U. S. District Court (omitted). " Federal Rules Collection 16, Article 1115 (A)-(b). Similarly, consumer products under FDA may be recalled by voluntary or forced procedures. 21 CFR § 7. 40 See others. In addition, Article 810, Paragraph 10

3. 8 In the past five years, there are at least two cases in which these protections have been publicly implemented public or private, including suspected violations / violations, as a result, and imposed sanctions. yes. The manufacturer must also report to the CPSC if there are three civil lawsuits related to death or serious personal injury related to the same product, and as a result, if the settlement or plaintiff is ruled. 。 See Article 2084.

3. 7 Explain any or forced product safety recall system.

If a company is notified that the products manufactured, distributed, and sold are dangerous, voluntary collection may be implemented based on the regulations issued by CPSC. "Voluntary correction measures plan" is a company plan that repairs or exchanges defective products, including the product that has become a problem, explanation of danger, and a company plan that provides notification to the general public and affected people (for example, letter. Specific details of press releases or corrective advertisements) and statements about future actions to prevent recurrence. See 16 CFR § 1115. If forced product recovery is necessary, CPSC will issue a procurement order after the parties and stakeholders have the opportunity to hear, or a commercial distribution of products that are considered to be "dangerous". You can apply for a provisional discrepancy order to the U. S. District Court (omitted). " Federal Rules Collection 16, Article 1115 (A)-(b). Similarly, consumer products under FDA may be recalled by voluntary or forced procedures. 21 CFR § 7. 40 See others. In addition, Article 810, Paragraph 10

3. 8 In the past five years, there are at least two cases in which these protections have been publicly implemented public or private, including suspected violations / violations, as a result, and imposed sanctions.

In late 2023, the CPSC settled claims against Home Shopping Network, Inc. ("HSN"), resulting in a $16 million fine for failing to report consumers who were burned and injured using HSN's defective steamers over a seven-year period, despite hundreds of consumer complaints against HSN. HSN failed to promptly report the complaints and injuries to the CPSC as required by the Consumer Product Safety Act, despite the severity of the burns (second and third degree burns) and countless consumer complaints. Instead, HSN allowed the steamers to remain on the market for seven years before modifying the steamers to address the potential issues and attempting to report consumer complaints to the CPSC. Under the settlement agreement with HSN, the CPSC has already reached a civil penalty of $25 million for fiscal year 2024, "which is no small feat, and this (enforcement) action sends a strong and clear warning to companies that the CPSC will take action if they fail to report," said CPSC Chairman Alexander Horne-Surick.

7. Enforcement

In one example of private enforcement of safety regulations, consumer plaintiffs sued Procter & Gamble for contaminating several personal care aerosol products sold by the company with benzene, a known carcinogen linked to leukemia and other cancers. The plaintiffs argued that if consumers had known that Procter & Gamble's personal care products would expose them to carcinogens, they would not have purchased the company's products. The parties agreed to an $8 million settlement to resolve the claims, in which class members would receive money proportional to the number of products they purchased. Procter & Gamble also agreed to implement material testing, finished product testing, and other measures to monitor for benzene contamination in the future and to enhance health and safety practices. See In re: Procter & Gamble Aerosol Products Marketing & Sales Practices Litigation, No. 2:22-MD-03025 (S. D. Ohio).

4. 1 Explain the protections/prohibitions regarding conduct ("Conduct") of individuals or businesses (e. g., manufacturers/retailers) that sell or provide goods and services to consumers. For example, misleading, deceptive, or dishonest conduct.

The most commonly applied federal consumer protection law in the United States is an FTC method that prohibits "independence or deceptive acts or compassions in commercial." 15 USC § 45 (a) (2). The Federal Rankham method has also acknowledged a civil lawsuit against false advertisements in the product or service that "falsifies the nature, characteristics, quality, or geographical origin." Most states have adopted laws and regulations that prohibit unfair or deceptive business and debt collection acts. For example, California has three laws that prohibit unfair or deceptive commercial actions. CLRA stipulates class certification and stipulates both legal relief and reinforcements under the wak e-up law.

4. 2 Explain the substantive tests of the above protection / prohibited.

In federal law, deceptive acts refers to the act of "deceiving consumers who act rationally in that situation and bringing them disadvantageous to their consumers." reference. FTC Policy Statement On Decuption (1983), [HyperLink]. Unbreviable practices are "likely to give or give consumers to consumers that cannot be rationally avoided by consumers themselves. Unsiversal when it is not offset by consumer or the profit of offsetting the competition. Article 45 (N) of the United States Law Collection 15 (N). < SPAN> The most commonly applied federal consumer protection law that regulates acts in the United States is an FTC method that prohibits "independence or deceptive acts in commercial". 15 USC § 45 (a) (2). The Federal Rankham method has also acknowledged a civil lawsuit against false advertisements in the product or service that "falsifies the nature, characteristics, quality, or geographical origin." Most states have adopted laws and regulations that prohibit unfair or deceptive business and debt collection acts. For example, California has three laws that prohibit unfair or deceptive commercial actions. CLRA stipulates class certification and stipulates both legal relief and reinforcements under the wak e-up law.

4. 2 Explain the substantive tests of the above protection / prohibited.

In federal law, deceptive acts refers to the act of "deceiving consumers who act rationally in that situation and bringing them disadvantageous to their consumers." reference. FTC Policy Statement On Decuption (1983), [HyperLink]. Unbreviable practices are "likely to give or give consumers to consumers that cannot be rationally avoided by consumers themselves. Unsiversal when it is not offset by consumer or the profit of offsetting the competition. Article 45 (N) of the United States Law Collection 15 (N). The most commonly applied federal consumer protection law in the United States is an FTC method that prohibits "independence or deceptive acts or compassions in commercial." 15 USC § 45 (a) (2). The Federal Rankham method has also acknowledged a civil lawsuit against false advertisements in the product or service that "falsifies the nature, characteristics, quality, or geographical origin." Most states have adopted laws and regulations that prohibit unfair or deceptive business and debt collection acts. For example, California has three laws that prohibit unfair or deceptive commercial actions. CLRA stipulates class certification and stipulates both legal relief and reinforcements under the wak e-up law.

4. 2 Explain the substantive tests of the above protection / prohibited.

In federal law, deceptive acts refers to the act of "deceiving consumers who act rationally in that situation and bringing them disadvantageous to their consumers." reference. FTC Policy Statement On Decuption (1983), [HyperLink]. Unbreviable practices are "likely to give or give consumers to consumers that cannot be rationally avoided by consumers themselves. Unsiversal when it is not offset by consumer or the profit of offsetting the competition. Article 45 (N) of the United States Law Collection 15 (N).

The FTC also has the authority under the FTC Act to issue rules that define certain acts or practices as unfair or deceptive. In some cases, Congress may direct the FTC to issue specific rules. Some of the major rules enforced by the FTC include: The "Business Opportunity Rule" imposes disclosure requirements on sellers of business opportunities to potential buyers to provide the buyers with sufficient information to assess the risks of the business opportunity.

Similar state law claims, such as the California law mentioned in question 4. 1, use a "reasonable consumer" test to evaluate false and deceptive business practices from the perspective of an average consumer. See, for example, Williams v. Gerber Prods. Co., 523 F. 3d 934, 938 (9th Cir. 2008).

4. 3 What types of goods and services are subject to these protections/prohibitions? Is payment for these goods/services always required for enforcement?

The FTC method targets all products and services, 15 USC § 45 (a) (2), "which affects commercial transactions." Most states of unfair or deceptive practices are also widely applied to the scope of commercial products and services. Payments to products or services are not always required to prove the trust based on the state law. For example, UCL in California stipulates a private right of complaints about its competitors on unfair or deceptive acts. Plaintiffs need to provide direct money on products and services provided by the defendant, although the defendant's unfair or deceptive practices have caused economic damage to their management. No.

4. Are there any exceptions / applications for protection / prohibition?

The FTC method does not apply to banks, savings loan organizations, federal credit unions, general carriers, and no n-profit organizations. reference. Article 45 (A) (2) of the United States Law Collection 15.

4. 5 Is there any specific rule applied for electronic shopping?

The federal sincerity, information disclosure, and fairness (consumer rights books) in online retail shopping for consumers are the most comprehensive examples. This law applies to online purchases where third parties sell consumer products. Online shopping is defined extensively, (a) Permit, promoting, or promoting a thir d-party seller to be engaged in sales, purchase, payment, storage, shipping, and delivery of consumer products in the United States, and (B) ) It is used by one or more thir d-party sellers for such a purpose, and has a contract or similar relationship with consumers stipulating the use of a platform for purchasing consumer products. , Includes all "consume r-led" platforms.

The prosecutor of FTC and the prosecutor of each state are responsible for the execution of the Consumer Law. This law calls online marketplaces to comply with the following new due distributions and information disclosure requirements: Collection of the large number of thir d-party sellers and collecting bank accounts. Confirmation, maintaining data security measures to protect the seller information collected by the marketplace,--Clocked for sellers with more than $ 20. 000 sales in marketplace. The pause of the seller who does not provide information or certificates < Span> FTC methods are all for all products and services, "or affects commercial transactions" 15 USC § 45 (a) (2). Most states of unfair or deceptive practices are also widely applied to the scope of commercial products and services. Payments to products or services are not always required to prove the trust based on the state law. For example, UCL in California stipulates a private right of complaints about its competitors on unfair or deceptive acts. Plaintiffs need to provide direct money on products and services provided by the defendant, although the defendant's unfair or deceptive practices have caused economic damage to their management. No.

4. Are there any exceptions / applications for protection / prohibition?

The FTC method does not apply to banks, savings loan organizations, federal credit unions, general carriers, and no n-profit organizations. reference. Article 45 (A) (2) of the United States Law Collection 15.

4. 5 Is there any specific rule applied for electronic shopping?

The federal sincerity, information disclosure, and fairness (consumer rights books) in online retail shopping for consumers are the most comprehensive examples. This law applies to online purchases where third parties sell consumer products. Online shopping is defined extensively, (a) Permit, promoting, or promoting a thir d-party seller to be engaged in sales, purchase, payment, storage, shipping, and delivery of consumer products in the United States, and (B) ) It is used by one or more thir d-party sellers for such a purpose, and has a contract or similar relationship with consumers stipulating the use of a platform for purchasing consumer products. , Includes all "consume r-led" platforms.

The prosecutor of FTC and the prosecutor of each state are responsible for the execution of the Consumer Law. This law calls online marketplaces to comply with the following new due distributions and information disclosure requirements: Collection of the large number of thir d-party sellers and collecting bank accounts. Confirmation, maintaining data security measures to protect the seller information collected by the marketplace,--Clocked for sellers with more than $ 20. 000 sales in marketplace. The Pause FTC method for sellers who do not provide information and certificates target all products and services, 15 USC § 45 (a) (2), which affects commercial transactions. Most states of unfair or deceptive practices are also widely applied to the scope of commercial products and services. Payments to products or services are not always required to prove the trust based on the state law. For example, UCL in California stipulates a private right of complaints about its competitors on unfair or deceptive acts. Plaintiffs need to provide direct money on products and services provided by the defendant, although the defendant's unfair or deceptive practices have caused economic damage to their management. No.

4. Are there any exceptions / applications for protection / prohibition?

The FTC method does not apply to banks, savings loan organizations, federal credit unions, general carriers, and no n-profit organizations. reference. Article 45 (A) (2) of the United States Law Collection 15.

4. 5 Is there any specific rule applied for electronic shopping?

The federal sincerity, information disclosure, and fairness (consumer rights books) in online retail shopping for consumers are the most comprehensive examples. This law applies to online purchases where third parties sell consumer products. Online shopping is defined extensively, (a) Permit, promoting, or promoting a thir d-party seller to be engaged in sales, purchase, payment, storage, shipping, and delivery of consumer products in the United States, and (B) ) It is used by one or more thir d-party sellers for such a purpose, and has a contract or similar relationship with consumers stipulating the use of a platform for purchasing consumer products. , Includes all "consume r-led" platforms.

The prosecutor of FTC and the prosecutor of each state are responsible for the execution of the Consumer Law. This law calls online marketplaces to comply with the following new due distributions and information disclosure requirements: Collection of the large number of thir d-party sellers and collecting bank accounts. Confirmation, maintaining data security measures to protect the seller information collected by the marketplace,--Clocked for sellers with more than $ 20. 000 sales in marketplace. Pause of sellers who do not provide information and certificates

8. Appeals

4. 6 What remedies are available for violations of the protections/prohibitions of this conduct?

At the federal level, unfair or deceptive acts or practices prohibited by Section 18(a)(1)(B) of the FTC Act are subject to statutory civil penalties of 46. 517 per violation if the FTC can prove that (1) the perpetrator of the unfair or deceptive practice had actual knowledge that the practice violated the FTC Act and (2) the FTC had already issued a written determination that the practice was unfair or deceptive. In addition, many state consumer protection laws provide remedies, including statutory damages, restitution, and injunctive relief, for victims of false and deceptive practices. These actions typically proceed as class actions.

4. 7 Identify at least two instances in the past five years in which the conduct-related protections have been publicly or privately enforced, including the violations/alleged violations and the resulting sanctions.

In January 2024, the FTC and Kubota North Am. (a tractor manufacturer) reached a $2 million settlement over Kubota's false labeling of imported parts as "Made in the USA." The settlement amount is a record for a false country of origin enforcement claim, and Kubota can no longer label parts as "Made in the USA" unless final assembly or processing occurs in the United States. See United States v. North America Corp., No. 24- CV-00159 (N. D. Tex.).

Another recent example of public enforcement is FloatMe Corp.’s $3 million settlement with the FTC in January 2024 to resolve allegations that the company misled consumers about the amount (and how quickly) they could receive cash advances. In addition to the monetary penalty, FloatMe Corp. agreed to stop charging consumers hidden fees and remove the deceptive features from its app. See FTC v. FloatMe Corp., No. 24-CV-00001 (W. D. Tex.).

In another example of successful private enforcement, a federal court in New York granted final approval in April 2023 to a $7. 8 million settlement, the largest ever for a false advertising claim involving conservatives. The settlement resolved claims between consumers and Celsius that the company had promoted its popular beverage products as “preservative-free” despite the fact that they contained citric acid. The settlement provided for member damages of up to $250, and Celsius agreed to remove the disputed labeling. Hezi, et al. v. Celsius Holdings Inc, No. 1:21-CV-9892-VM (S. D. N. Y.).

5. 1 Is there any other ban / protection that is not covered by the above questions? In some cases, describe those ban / protection.

In addition to the Federal Conservation Law described above, the state and local governments are from false advertising laws to unfair regulations of business practice, food safety requirements of local restaurants, product display, privacy, biological authentication, and artificial intelligence. Consumer protection is regulated by various methods. For example, many local hygiene bureaus conduct restaurants to confirm the compliance with food safety requirements. Another important example is California's proposal No. 65, which is obliged to warn products, including specific chemicals, which are known to harm cancer and reproduction.

With the growing concern about the abuse of consumer data by companies, the states have been active in providing privacy regulations. In Illinois, the Biometric Information Privacy Law ("BIPA") has been enacted, and the number of companies handling the biometric information of Illinois residents has set restrictions on collecting, using and sharing. The California Privacy Law ("CCPA") imposes a lot of consumers. Last year, four new important state privacy laws under the Virginia Consumer Consumer Protection Law ("VCDPA") and the Colorado Consumer Privacy Protection Law ("VCDPA") were implemented. Colorado Consumer Privacy Protection Law ("Koropa"). The California Privacy Rights ("CPRA") is an extension and amendment of CCPA and is the Privacy Law of Utah ("UCPA"). This section focuses on these requirements because it is important for companies that do business in the United States.

9. Current Trends and Anticipated Reforms

5. 2 Explain the substantive test of the abov e-mentioned protection / prohibited matters.

The following three examples are listed. In California, from January 1, 2023, CPRA collected personal information about California or California, and (1) (1) over $ 25 million and (2) more than 100, 000 people. It is applied to companies that buy or share personal information of people or households, or (3) more than 50 % of the annual income from the sales of California residents. Updated laws have new rights, including the right to correct personal information shared by companies and the right to restrict the disclosure of substances in the collected personal information.

In Virginia, CDPA is a person who operates in Virginia or provides products or services for residents in Virginia, and (1) data for at least 100, 000 consumers is managed. It applies to those who manage or process the personal data of at least 25, 000 consumers, and earn more than 50 % from the sales of personal data. Or, (2), at least 25, 000 consumers have managed or processed the personal data and gained more than 50 % of the income from the sales of personal data.

The scope of the Colorado State Law is basically the same as Virginia, except that it is applied only to data administrators, not data processors (but the definition of data administrators is wider).

In Utah, UCPA is applied to managers and processors who are in Utah, who are manufacturing products or services for consumers who are residents in Utah. 。 (2) When the annual sales are $ 25 million or more and (3) at least one of the following thresholds: (i) Manage 100, 000 consumers in the yea r-o f-year. When processing, or (II), more than 50%of the total income of companies is obtained from the sale of personal data, and manages or processes personal data of more than 25, 000 consumers.

5. 3 Is there any exception / exception?

To date, these state data protection systems are usually exempted from employees and corporate commercial information. In addition, there may be exempted entities subject to the above specific federal law, such as HIPAA, GLB method, and FCRA.

5. 4 If you violate these protections, what kind of remedies are there?

In most states, only the Justice Secretary is able to impose sanctions. However, some states, such as California, have stipulated private rights. In all states, the scope of civil punishment is $ 2, 500 due to CCPA violations due to on e-o n-limited CCPA, and $ 20, 000 in Colorado's Privacy Law.

5. In < SPAN> Virginia, CDPA is a person who operates a business in Virginia or provides products or services for residents of Virginia, and manages at least 100, 000 consumers. Or, it applies to those who handle them, or those who manage or process the personal data of at least 25, 000 consumers and earn more than 50 % from selling personal data. Or, (2), at least 25, 000 consumers have managed or processed the personal data and gained more than 50 % of the income from the sales of personal data.

The scope of the Colorado State Law is basically the same as Virginia, except that it is applied only to data administrators, not data processors (but the definition of data administrators is wider).

In Utah, UCPA is applied to managers and processors who are in Utah, who are manufacturing products or services for consumers who are residents in Utah. 。 (2) When the annual sales are $ 25 million or more and (3) at least one of the following thresholds: (i) Manage 100, 000 consumers in the yea r-o f-year. When processing, or (II), more than 50%of the total income of companies is obtained from the sale of personal data, and manages or processes personal data of more than 25, 000 consumers.

5. 3 Is there any exception / exception?

To date, these state data protection systems are usually exempted from employees and corporate commercial information. In addition, there may be exempted entities subject to the above specific federal law, such as HIPAA, GLB method, and FCRA.

5. 4 If you violate these protections, what kind of remedies are there?

Production Editor's Note

In most states, only the Justice Secretary is able to impose sanctions. However, some states, such as California, have stipulated private rights. In all states, the scope of civil punishment is $ 2, 500 due to CCPA violations due to on e-o n-limited CCPA, and $ 20, 000 in Colorado's Privacy Law.

• 5. In Virginia, CDPA is a person who operates in Virginia or provides products or services for residents in Virginia, and (1) data for at least 100, 000 consumers is managed. It applies to those who manage or process the personal data of at least 25, 000 consumers, and earn more than 50 % from the sales of personal data. Or, (2), at least 25, 000 consumers have managed or processed the personal data and gained more than 50 % of the income from the sales of personal data.
• The scope of the Colorado State Law is basically the same as Virginia, except that it is applied only to data administrators, not data processors (but the definition of data administrators is wider).