NCJ Number
30732
Journal
Journal of Criminal Law and Criminology Volume: 66 Issue: 3 Dated: (SEPTEMBER 1975) Pages: 271-285
Date Published
1975
Length
15 pages
Annotation
CLASS-ACTION SUITS INITIATED BY STATES' ATTORNEYS GENERAL AND CIVIL REMEDIES SUCH AS COMPENSATORY DAMAGES ARE DESCRIBED AS EFFECTIVE WEAPONS AGAINST CONSUMER FRAUD.
Abstract
AFTER A SERIES OF FALSE HOPES, TOOLS ARE AVAILABLE WHICH ENABLE THE CONSUMER TO FIND JUSTICE IN THE MARKET PLACE. IN ACHIEVING THE LONG-SOUGHT GOALS OF COMPENSATION AND DETERRENCE, THESE REMEDIES HAVE DRAWN FROM TRADITIONAL PRIVATE AND PUBLIC METHODS OF ENFORCEMENT. BOTH THE FTC AND STATE ATTORNEY GENERAL ACTIONS DEPEND ON PUBLIC OFFICIALS TO CHAMPION THE RIGHTS OF THE CONSUMING PUBLIC. BOTH ALSO INCLUDE THE AGE-OLD REMEDY OF CONPENSATORY DAMAGES AS AN INTEGRAL PART OF THE AVAILABLE SANCTIONS. ONCE THE MERCHANT REALIZES THAT HIS ACTIVITIES FALL UNDER THE HOPEFULLY WATCHFUL EYE OF THE PUBLIC AGENCY RATHER THAN THE POWERLESS CONSUMER, HE WILL BE WARY OF ENGAGING IN UNLAWFUL BUSINESS PRACTICES. IF HE DOES, HE WILL BE LIABLE NOT SIMPLY TO AN INDIVIDUAL CONSUMER BUT TO ALL CONSUMERS HE HAS CHEATED. UPON ELIMINATION OF THE PROFIT MOTIVE, THE INCENTIVE TO INITIATE ILLEGAL ACTS DISAPPEARS. (AUTHOR ABSTRACT)