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H.R.20 — 93rd Congress (1973-1974)



Sponsor:

Rep. Moss, John E. [D-CA-3] (Introduced 01/03/1973)

Summary:

Summary: H.R.20 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in House (01/03/1973)
Consumer Product Warranties and Federal Trade Commission Improvements Act – Title I: Consumer Product Warranties – Provides that any supplier warranting a consumer product in writing shall fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty pursuant to any rules issued by the Federal Trade Commission in accordance with this Act. Authorizes the Commission to prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. Provides that no warrantor of a consumer product may condition his warranty of such product on the consumer’s using, in connection with such product, any article or service which is directly or indirectly identified by brand, trade, or corporate name. States that, in order to incorporate the Federal minimum standards for warranty, a supplier warranting a consumer product in writing must, as a minimum, undertake the repair or replacement, within a reasonable time and without charge, of such consumer product in the case of a breach of such written warranty. Provides that the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing repair or replacement of any consumer product which does not conform to the written warranty unless the warrantor can demonstrate that such a duty is reasonable. Provides that nothing in this title shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. States that nothing in this title shall be construed to prevent a supplier from selling a service contract to the consumer in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the service contract. Provides that there shall be no express disclaimer of implied warranties to a consumer if any express warranty of a consumer product is made by a supplier to a consumer in writing. Declares it to be the policy of Congress to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Provides that it shall be a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title. Allows any person damaged by the failure of a supplier to comply with any obligations assumed under an express or implied warranty or service contract with respect to a consumer product to bring suit in an appropriate U.S. district court or in any court of competent jurisdiction in any State or the District of Columbia. Provides that nothing contained in this title shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act or any statute defined therein as an antitrust act or any remedies otherwise available under State law. Title II: Federal Trade Commission Improvements – Extends the definition of unfair methods of competition under the Federal Trade Commission Act to mean activities “in or affecting commerce.” (Amends 15 U.S.C. 45) Increases to ,000 the civil penalty for violating an order of the commission. (Amends 15 U.S.C. 45(L)) Provides that the Commission shall have the power to classify corporations and to issue procedural rules, and rules defining with specificity acts or practices which are unfair or deceptive to consumers. Provides that when making such rules the Commission shall: (1) issue an order of proposed rulemaking stating with particularity the reason for the proposed rule; (2) allow interested persons to comment on the proposed rule in writing and make all such comments publicly available; (3) hold an informal hearing at which interested persons may comment orally on the proposed rule; and (4) promulgate, if appropriate, a final rule together with a statement of basis and purpose based on the information and comments compiled in accordance with clauses (1), (2), and (3). States that any violation of such rules promulgated shall constitute an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Authorizes judicial review of such rules in a United States court of appeals on petition by a person adversely affected. (Amends 15 U.S.C. 46(g)) Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer; and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final; the Commission may bring a suit in a district court of the United States to enjoin any such act or practice. (Amends 15 U.S.C. 53)

Major Actions:

Summary: H.R.20 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in House (01/03/1973)
Consumer Product Warranties and Federal Trade Commission Improvements Act – Title I: Consumer Product Warranties – Provides that any supplier warranting a consumer product in writing shall fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty pursuant to any rules issued by the Federal Trade Commission in accordance with this Act. Authorizes the Commission to prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. Provides that no warrantor of a consumer product may condition his warranty of such product on the consumer’s using, in connection with such product, any article or service which is directly or indirectly identified by brand, trade, or corporate name. States that, in order to incorporate the Federal minimum standards for warranty, a supplier warranting a consumer product in writing must, as a minimum, undertake the repair or replacement, within a reasonable time and without charge, of such consumer product in the case of a breach of such written warranty. Provides that the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing repair or replacement of any consumer product which does not conform to the written warranty unless the warrantor can demonstrate that such a duty is reasonable. Provides that nothing in this title shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. States that nothing in this title shall be construed to prevent a supplier from selling a service contract to the consumer in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the service contract. Provides that there shall be no express disclaimer of implied warranties to a consumer if any express warranty of a consumer product is made by a supplier to a consumer in writing. Declares it to be the policy of Congress to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Provides that it shall be a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title. Allows any person damaged by the failure of a supplier to comply with any obligations assumed under an express or implied warranty or service contract with respect to a consumer product to bring suit in an appropriate U.S. district court or in any court of competent jurisdiction in any State or the District of Columbia. Provides that nothing contained in this title shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act or any statute defined therein as an antitrust act or any remedies otherwise available under State law. Title II: Federal Trade Commission Improvements – Extends the definition of unfair methods of competition under the Federal Trade Commission Act to mean activities “in or affecting commerce.” (Amends 15 U.S.C. 45) Increases to ,000 the civil penalty for violating an order of the commission. (Amends 15 U.S.C. 45(L)) Provides that the Commission shall have the power to classify corporations and to issue procedural rules, and rules defining with specificity acts or practices which are unfair or deceptive to consumers. Provides that when making such rules the Commission shall: (1) issue an order of proposed rulemaking stating with particularity the reason for the proposed rule; (2) allow interested persons to comment on the proposed rule in writing and make all such comments publicly available; (3) hold an informal hearing at which interested persons may comment orally on the proposed rule; and (4) promulgate, if appropriate, a final rule together with a statement of basis and purpose based on the information and comments compiled in accordance with clauses (1), (2), and (3). States that any violation of such rules promulgated shall constitute an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Authorizes judicial review of such rules in a United States court of appeals on petition by a person adversely affected. (Amends 15 U.S.C. 46(g)) Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer; and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final; the Commission may bring a suit in a district court of the United States to enjoin any such act or practice. (Amends 15 U.S.C. 53)

Amendments:

Summary: H.R.20 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in House (01/03/1973)
Consumer Product Warranties and Federal Trade Commission Improvements Act – Title I: Consumer Product Warranties – Provides that any supplier warranting a consumer product in writing shall fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty pursuant to any rules issued by the Federal Trade Commission in accordance with this Act. Authorizes the Commission to prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. Provides that no warrantor of a consumer product may condition his warranty of such product on the consumer’s using, in connection with such product, any article or service which is directly or indirectly identified by brand, trade, or corporate name. States that, in order to incorporate the Federal minimum standards for warranty, a supplier warranting a consumer product in writing must, as a minimum, undertake the repair or replacement, within a reasonable time and without charge, of such consumer product in the case of a breach of such written warranty. Provides that the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing repair or replacement of any consumer product which does not conform to the written warranty unless the warrantor can demonstrate that such a duty is reasonable. Provides that nothing in this title shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. States that nothing in this title shall be construed to prevent a supplier from selling a service contract to the consumer in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the service contract. Provides that there shall be no express disclaimer of implied warranties to a consumer if any express warranty of a consumer product is made by a supplier to a consumer in writing. Declares it to be the policy of Congress to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Provides that it shall be a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title. Allows any person damaged by the failure of a supplier to comply with any obligations assumed under an express or implied warranty or service contract with respect to a consumer product to bring suit in an appropriate U.S. district court or in any court of competent jurisdiction in any State or the District of Columbia. Provides that nothing contained in this title shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act or any statute defined therein as an antitrust act or any remedies otherwise available under State law. Title II: Federal Trade Commission Improvements – Extends the definition of unfair methods of competition under the Federal Trade Commission Act to mean activities “in or affecting commerce.” (Amends 15 U.S.C. 45) Increases to ,000 the civil penalty for violating an order of the commission. (Amends 15 U.S.C. 45(L)) Provides that the Commission shall have the power to classify corporations and to issue procedural rules, and rules defining with specificity acts or practices which are unfair or deceptive to consumers. Provides that when making such rules the Commission shall: (1) issue an order of proposed rulemaking stating with particularity the reason for the proposed rule; (2) allow interested persons to comment on the proposed rule in writing and make all such comments publicly available; (3) hold an informal hearing at which interested persons may comment orally on the proposed rule; and (4) promulgate, if appropriate, a final rule together with a statement of basis and purpose based on the information and comments compiled in accordance with clauses (1), (2), and (3). States that any violation of such rules promulgated shall constitute an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Authorizes judicial review of such rules in a United States court of appeals on petition by a person adversely affected. (Amends 15 U.S.C. 46(g)) Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer; and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final; the Commission may bring a suit in a district court of the United States to enjoin any such act or practice. (Amends 15 U.S.C. 53)

Cosponsors:

Summary: H.R.20 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.
Shown Here:
Introduced in House (01/03/1973)
Consumer Product Warranties and Federal Trade Commission Improvements Act – Title I: Consumer Product Warranties – Provides that any supplier warranting a consumer product in writing shall fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty pursuant to any rules issued by the Federal Trade Commission in accordance with this Act. Authorizes the Commission to prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. Provides that no warrantor of a consumer product may condition his warranty of such product on the consumer’s using, in connection with such product, any article or service which is directly or indirectly identified by brand, trade, or corporate name. States that, in order to incorporate the Federal minimum standards for warranty, a supplier warranting a consumer product in writing must, as a minimum, undertake the repair or replacement, within a reasonable time and without charge, of such consumer product in the case of a breach of such written warranty. Provides that the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing repair or replacement of any consumer product which does not conform to the written warranty unless the warrantor can demonstrate that such a duty is reasonable. Provides that nothing in this title shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. States that nothing in this title shall be construed to prevent a supplier from selling a service contract to the consumer in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the service contract. Provides that there shall be no express disclaimer of implied warranties to a consumer if any express warranty of a consumer product is made by a supplier to a consumer in writing. Declares it to be the policy of Congress to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Provides that it shall be a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title. Allows any person damaged by the failure of a supplier to comply with any obligations assumed under an express or implied warranty or service contract with respect to a consumer product to bring suit in an appropriate U.S. district court or in any court of competent jurisdiction in any State or the District of Columbia. Provides that nothing contained in this title shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act or any statute defined therein as an antitrust act or any remedies otherwise available under State law. Title II: Federal Trade Commission Improvements – Extends the definition of unfair methods of competition under the Federal Trade Commission Act to mean activities “in or affecting commerce.” (Amends 15 U.S.C. 45) Increases to ,000 the civil penalty for violating an order of the commission. (Amends 15 U.S.C. 45(L)) Provides that the Commission shall have the power to classify corporations and to issue procedural rules, and rules defining with specificity acts or practices which are unfair or deceptive to consumers. Provides that when making such rules the Commission shall: (1) issue an order of proposed rulemaking stating with particularity the reason for the proposed rule; (2) allow interested persons to comment on the proposed rule in writing and make all such comments publicly available; (3) hold an informal hearing at which interested persons may comment orally on the proposed rule; and (4) promulgate, if appropriate, a final rule together with a statement of basis and purpose based on the information and comments compiled in accordance with clauses (1), (2), and (3). States that any violation of such rules promulgated shall constitute an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Authorizes judicial review of such rules in a United States court of appeals on petition by a person adversely affected. (Amends 15 U.S.C. 46(g)) Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer; and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final; the Commission may bring a suit in a district court of the United States to enjoin any such act or practice. (Amends 15 U.S.C. 53)