1201 Know Your Consumer Rights Guide

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THE SAVVY CONSUMERKnow Your Consumer Rights(and Responsibilities)Copyright 2010 Learning SeedSuite 301641 West Lake StreetChicago, IL seed.com

THE SAVVY CONSUMERKnow Your Rights (and Responsibilities)Legal NicetiesThe VideoCopyright 2010 Learning Seed.This video program is protected under U.S. copyright law. No part of this video may be reproduced or transmitted by anymeans, electronic or mechanical, without the written permission of the Publisher, except where permitted by law.Teaching GuideCopyright 2010 Learning Seed.This teaching guide is copyrighted according to the terms of the Creative Commons non-commercial 2.5/).It may be reproduced, in its part or its entirety, for classroom use. No part of this guide may be reproduced for sale by anyparty.You are free: to copy, distribute, display, and perform the work.to make derivative works.Under the following conditions: Attribution. You must attribute the work to Learning Seed.Noncommercial. You may not use this work for commercial purposes.For any reuse or distribution, you must make clear to others the license terms of this work.Any of these conditions can be waived if you get permission from the copyright holder.CreditsThe VideoThis Teaching GuideExecutive Producer: Kari D. McCarthyWriter: Elizabeth WinkowskiProducer: Tracy UllmanVideo Editor: Joanna BeerAssistant Producer: Jennifer A. SmithNarrator: Kate BurnsCompilation: Denise DeanCopy Editor: Akela StanfieldLearning Seed Catalog and ISBN NumbersQuestions or Comments?DVD LS-1201-10-DVDWe’d love to hear from you, whether you’d like a catalog,want to share your thoughts on one our titles, or have aquestion.Please contact us at:ISBN 1-55740-579-4Closed CaptioningThis program is closed-captioned.2Learning SeedSuite 301, 641 W. Lake StreetChicago, IL 60661800.634.4941info@learningseed.comKnow Your Consumer Rights

SummaryThis program examines the student’s role as a consumer, exploring eight widely recognized consumerrights, and how each right comes with a responsibility. The role of the government in consumerprotection is covered, as are the laws and agencies that oversee them. Finally, there is a look at theconsumer’s right in action. Each chapter wraps up with a comprehensive review.Key ElementsAfter viewing this film, students will be able to: Discuss a brief history of consumer protections Define the consumer and the goods and services they purchase Learn the United Nations Guidelines for Consumer Protection Identify the rights afforded to consumers under law Understand the responsibilities consumers must exercise to help enforce their rights Identify many of the federal governmental departments & agencies that help protect consumers Cite some specific examples of consumer’s rights in action Discuss some of the newly proposed consumer protections that are before lawmakers today3Know Your Consumer Rights

Rights & ResponsibilitiesConsumers Havethe Right ion from productsand services that arehazardous to their health.Use the product safely,following all safetyinstructions and remainingalert for future warnings.2InformationHave provided for theminformation that ensures allproduct statements areaccurate and truthful.Analyze and use informationabout products wisely.3ChoiceA wide selection of goodsand services at fair prices.Choose carefully.4Be HeardA voice in the creation oflaws and the development ofgoods and services.Express concerns to thosewho can help.5RedressRequest money or otherbenefits as fair compensationfor a company’s mistake.Make the effort to seekcompensation for a wrong.6EducationHave access to programs andinformation that help makebetter buying decisions.Learn about the changingnature of products consumer education is alifelong responsibility.7A HealthyEnvironmentLive and work in anenvironment that does notdamage their health.Make choices that minimizethe environmental impact ofyour purchase on others.8Have Basic NeedsMetFundamental right of accessto food, water and shelter.Consume sustainably, so asnot to prevent others frommeeting their own needs.14Know Your Consumer Rights

Page 1 of 3Student Handout (Background for Discussion & Activity)The Wall Street Reform and Consumer Protection Act of 2009The Wall Street Reform and Consumer Protection Act of 2009H.R. 4173 - This bill was introduced in the House on 12/1/09 by Rep. Barney Frank of MA.The Act was created to provide for financial regulatory reform, to protect consumers and investors, toenhance understanding of insurance issues, to regulate the over-the-counter derivatives markets, andfor other purposes.After amendments designed to weaken the bill and remove the idea of creating the Consumer FinancialProtection Agency were defeated, the Act passed the House on December 9th by a vote of 223 to 202.From here, the legislation moves to the Senate. If the bill passes the Senate with changes, the Houseand Senate must iron out their differences, and if they do, the bill will go to President Obama forsignature, and if signed, becomes law.The proposal to establish a federal Consumer Financial Protection Agency (CFPA) is at the center ofthe Obama administration’s overall plans to overhaul financial regulations. This Agency would takecertain consumer regulatory responsibility of financial products from seven other agencies andcentralize it in one office.The Agency’s mission is to promote transparency, simplicity, fairness and accountability, while alsoseeking to ensure consumers access to, and understanding of, all the information they need to makeresponsible choices about consumer financial products and services.The CFPA’s jurisdiction would include mortgages, credit cards, student loans, auto loans and paydayloans. The agency would ban deceptive practices and oversee new consumer financial products, but itsmain purpose is to protect and inform consumers of financial products, which can be too complex fornon-professionals to understand.President Obama on the creation of the CFPA:"The new Consumer Financial Protection Agency that I have asked Congress to create will havejust one mission: to look out for the financial interests of ordinary Americans. It will be chargedwith setting clear rules of the road for consumers and banks, and it will be able to enforcethese rules across the board.This agency will have the power to make certain that consumers get information that is clearand concise – in plain language – so they can compare products and know exactly what they’regetting into. It will ensure that banks and other firms cannot hide behind those ridiculouslyconfusing contracts – pages of fine print that no one can figure out. It will have the ability toenforce and build on the credit card reforms we passed earlier this year, so that consumers5Know Your Consumer Rights

Page 2 of 3Student Handout (Background for Discussion & Activity)The Wall Street Reform and Consumer Protection Act of 2009aren’t hit with unfair rate hikes, penalties, or hidden charges. It will require brokers to look outfor the interests of families if they give advice about mortgages. And it will ensure transparencyand fair-dealing for other financial products, like bank overdraft services and payday loans. . . We have already seen and lived the consequences of what happens when there is too littleaccountability on Wall Street and too little protection for Main Street, and I will not allow thiscountry to go back there. It is time to move forward. It is time for real change. And I amconfident we will get it done. Thank you."The Wall Street Reform and Consumer Protection Act of 2009The United States, and much of the world, experienced an economic recession from 2007 through2009, with many of the results of the downturn, such has high unemployment and home foreclosurespersisting into 2010. Supporters of the Wall Street Reform and Consumer Protection Act of 2009Consumer, and of the Financial Protection Agency, believe that the creation of new laws andregulatory body could prevent the circumstances leading up to this financial crisis from recurring.Some Consumer-Specific Elements of the Act:Consumer Financial Protection Agency Independent agency with rulemaking, enforcement, and examination authorityJurisdiction over most lendersEstablishes Office of Fair Lending and Equal OpportunityStrong whistleblower protectionsCredit Ratings Ability to sue credit rating agencies for negligence, etc. Better oversight and transparency, and reduced reliance on ratingsInvestor Protection Brokers that give investment advice have same fiduciary duty as advisors Allows SEC to establish record keeping and reporting requirements for private funds Authorizes periodic SEC examinations and requires advisers to disclose information to SEC onrequest6Know Your Consumer Rights

Page 3 of 3Student Handout (Background for Discussion & Activity)The Wall Street Reform and Consumer Protection Act of 2009AssignmentWhat do you think of the rights and remedies proposed in this Act?Utilizing the list of eight Consumer Rights and Responsibilities, identify where those consumer rightsand responsibilities can be found throughout the handout and discuss how these elements of the Actwould be helpful for consumers.7Know Your Consumer Rights

Page 1 of 3TEACHER’S AID (Background for Discussion & Activity)The Wall Street Reform and Consumer Protection Act of 2009The teacher’s copy has identified the rights and responsibilities in bold.The Wall Street Reform and Consumer Protection Act of 2009H.R. 4173 - This bill was introduced in the House on 12/1/09 by Rep. Barney Frank of MA.The Act was created to provide for financial regulatory reform, to protect consumers and investors, toenhance understanding of insurance issues (Right/Resp 2, ensure accurate & truthfulinformation), to regulate the over-the-counter derivatives markets, and for other purposes.After amendments designed to weaken the bill and remove the idea of creating the Consumer FinancialProtection Agency were defeated, the Act passed the House on December 9th by a vote of 223 to 202.From here, the legislation moves to the Senate. If the bill passes the Senate with changes, the Houseand Senate must iron out their differences, and if they do, the bill will go to President Obama forsignature, and if signed, becomes law.The proposal to establish a federal Consumer Financial Protection Agency (CFPA) is at the center ofthe Obama administration’s overall plans to overhaul financial regulations. This Agency would takecertain consumer regulatory responsibility of financial products from seven other agencies andcentralize it in one office.The Agency’s mission is to promote transparency, simplicity, fairness and accountability, while alsoseeking to ensure consumers access to, and understanding of, all the information they need to makeresponsible choices about consumer financial products and services. (Rights/Resps 1 thru 6)The CFPA’s jurisdiction would include mortgages, credit cards, student loans, auto loans and paydayloans. The agency would ban deceptive practices and oversee new consumer financial products, but itsmain purpose is to protect and inform consumers of financial products (Rights/Resps 1, 2 & 4),which can be too complex for non-professionals to understand.President Obama on the creation of the CFPA:"The new Consumer Financial Protection Agency that I have asked Congress to create will havejust one mission: to look out for the financial interests of ordinary Americans. It will be chargedwith setting clear rules of the road for consumers and banks, and it will be able to enforcethese rules across the board.This agency will have the power to make certain that consumers get information (Right/Resp2) that is clear and concise – in plain language – so they can compare products (Right/Resp 3)and know exactly what they’re getting into (Right/Resp 2). It will ensure that banks and otherfirms cannot hide behind those ridiculously confusing contracts – pages of fine print that no onecan figure out. It will have the ability to enforce and build on the credit card reforms we passed8Know Your Consumer Rights

Page 2 of 2TEACHER’S AID (Background for Discussion & Activity)The Wall Street Reform and Consumer Protection Act of 2009earlier this year, so that consumers aren’t hit with unfair rate hikes, penalties, or hidden charges(Right/Resp 3). It will require brokers to look out for the interests of families (Rights/Resps1, 2, 3 & 6) if they give advice about mortgages. And it will ensure transparency and fairdealing (Right/Resp 3) for other financial products, like bank overdraft services and paydayloans. . . We have already seen and lived the consequences of what happens when there is too littleaccountability on Wall Street and too little protection for Main Street, and I will not allow thiscountry to go back there. It is time to move forward. It is time for real change. And I amconfident we will get it done. Thank you."The Wall Street Reform and Consumer Protection Act of 2009The United States, and much of the world, experienced an economic recession from 2007 through2009, with many of the results of the downturn, such has high unemployment and home foreclosurespersisting into 2010. Supporters of the Wall Street Reform and Consumer Protection Act of 2009Consumer, and of the Financial Protection Agency, believe that the creation of new laws andregulatory body could prevent the circumstances leading up to this financial crisis from recurring.Some Consumer-Specific Elements of the Act:Consumer Financial Protection Agency Independent agency with rulemaking, enforcement, and examination authorityJurisdiction over most lendersEstablishes Office of Fair Lending and Equal Opportunity (Rights/Resps 3 & 5)Strong whistleblower protections (Right/Resp 4 – to be heard)Credit Ratings Ability to sue credit rating agencies for negligence, etc. (Right/Resp 5 – redress) Better oversight and transparency, and reduced reliance on ratingsInvestor Protection Brokers that give investment advice have same fiduciary duty as advisors (Rights/Resps 2 & 6) Allows SEC to establish record keeping and reporting requirements for private funds Authorizes periodic SEC examinations and requires advisers to disclose information to SEC onrequest (Right 2)9Know Your Consumer Rights

Page 1 of 2Teacher’s Aid (Research Activity)Writing a Complaint LetterMaterials/ResourcesOnline .shtmlOffline Resources:Sample Complaint Letters1) Ask students to think about a time when they were not satisfied with something theypurchased – when they did not feel they got what they paid for. Write some examples on theboard to stimulate ideas: You just bought a soda at the gas station and upon opening it, there was a bug floating in it. The backpack you bought was supposed to come with a special sleeve for laptops, but it didn’t. You took your special dress/suit to the cleaners and it came back with a spot it didn’t havewhen you dropped it off. You ordered concert tickets online, but when they arrived, all the seats were not together. The MP3 player you received for you birthday just last month has already stopped working.2) Ask students to compose a consumer complaint letter – examples appear on the followingpage. To complete this exercise, students need to create a scenario that includes: whatproduct/service they are having problems with, including model/numbers and part numbers;what the problem is; and who the manufacturer is (a real company should be chosen). Havestudents research the company’s actual website and/or street address.Where would students find a company’s contact information? Here’s one 10Know Your Consumer Rights

Page 2 of 23) Before students actually compose the letter, share these tips, which are also good for phonecalls: Be calm – avoid seeming angry, hostile or sarcastic. Be clear about your expectations – explain what you want them to do. Make notes about everything that happens and what the customer service person tells you. Contact the seller or service provider first – you can often resolve the problem by using thecompany's toll free number. If you are not satisfied, send a letter or e-mail to the manufacturer's national headquarters orconsumer affairs office. If the problem still isn't resolved, try contacting your local consumer protection agency orBetter Business Bureau. As a last resort, you may want to file in small claims court or consult with an attorney.4) After students have written their letter or email, partner them up for some role play. Instructeach student to play the telephone customer service rep at the company while the other is thedissatisfied customer. Remind the students that the customer service representative is not theperson responsible for the problem.5) Now turn the tables – ask the students to write a letter complimenting the customer serviceperson who helped them resolve their problem, making sure the company understands whatgreat customer service they received and how important such service is very important tothem.11Know Your Consumer Rights

Page 2 of 2Student Activity HandoutSample Complaint Lettershttp://www.consumeraction.gov/caw problems sample complaint.shtmlSample Email Complain LetterTo:Company e-mailcc:Your e-mail (This will ensure that you receive a copy of the email for your records.)bcc:Subject: Re: (account number or name of product or service)DateOn (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or model number or serviceperformed) at (location, date and other important details of the transaction).Unfortunately, your product (or service) has not performed well (or the service was inadequate) because (state the problem). I amdisappointed because (explain the problem: for example, the product does not work properly, the service was not performedcorrectly, I was billed the wrong amount, something was not disclosed clearly or was misrepresented, etc.).To resolve the problem, I would appreciate your (state the specific action you want—money back, charge card credit, repair,exchange, etc.)I look forward to your reply and a resolution to my problem and will wait until (set a time limit) before seeking help from a consumerprotection agency or Better Business Bureau. Please contact me at the e-mail address or phone number below.Sincerely,Your nameYour AddressYour City, State, Zip CodeYour Daytime Phone NumberYour e-mailDate12Name of Contact Person (if available)Title (if available)Know Your Consumer Rights

Sample Mail Complain LetterYour AddressYour City, State, Zip Code(Your e-mail if sending via e-mail)DateName of Contact Person (if available)Title (if available)Company NameConsumer Complaint Division (if you have no specific contact)Street AddressCity, State, Zip CodeDear (Contact Person or Organization Name):Re: (account number, if applicable)On (date), I (bought, leased, rented, or had repaired) a (name of the product, with serial or model number or serviceperformed) at (location, date and other important details of the transaction).Unfortunately, your product (or service) has not performed well (or the service was inadequate) because (state the problem). I amdisappointed because (explain the problem: for example, theproduct does not work properly, the service was not performed correctly, I was billed the wrong amount, something was notdisclosed clearly or was misrepresented, etc.).To resolve the problem, I would appreciate your (state the specific action you want—money back, charge card credit, repair,exchange, etc.) Enclosed are copies (do not send originals) of my records (include receipts, guarantees, warranties, canceledchecks, contracts, model and serial numbers, and any other documents).I look

5 Know Your Consumer Rights Page 1 of 3 Student Handout (Background for Discussion & Activity) The Wall Street Reform and Consumer Protection Act of 2009 The Wall Street Reform and Consumer Protection Act of 2009 H.R. 4173 - This bill was introduced in the House on 12/1/09 by Rep. Barney Frank of MA.

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