Consumer Review Fairness Act
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Consumer Review Fairness Act
The Consumer Review Fairness Act of 2016, signed into law by President Barack Obama on December 14, 2016, is a federal consumer protection statute banning the use of gag clauses in non-negotiable consumer form contracts. History On September 16, 2015, Sen. John Thune (R-S.D.), chairman of the Senate Commerce Committee, along with Senators Schatz and Jerry Moran, introduced the Consumer Review Freedom Act of 2015 (S. 2044). The legislation was co-sponsored by Senator Bill Nelson and Senators Richard Blumenthal, Claire McCaskill, Steve Daines, and Cory Booker. Similar legislation was introduced in the House of Representatives by Congressman Darrell Issa on April 29, 2015 (H.R. 2110). On November 4, 2015, the Senate Commerce Committee held a hearing exploring the impact of non-disparagement clauses in form contracts. Witnesses testified that non-disparagement clauses have been used in many industries, including health care, retail, and hospitality. The Committee also heard test ...
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Commerce And Trade
Commerce is the organized system of activities, functions, procedures and institutions that directly or indirectly contribute to the smooth, unhindered large-scale exchange (distribution through transactional processes) of goods, services, and other things of value at the right time, place, quantity, quality and price through various channels among the original producers and the final consumers within local, regional, national or international economies. The diversity in the distribution of natural resources, differences of human needs and wants, and division of labour along with comparative advantage are the principal factors that give rise to commercial exchanges. Commerce consists of trade and aids to trade (i.e. auxiliary commercial services) taking place along the entire supply chain. Trade is the exchange of goods (including raw materials, intermediate and finished goods) and services between buyers and sellers in return for an agreed-upon price at traditional (or onl ...
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Richard Blumenthal
Richard Blumenthal ( ; born February 13, 1946) is an American politician, lawyer, and United States Marine Corps, Marine Corps veteran serving as the Seniority in the United States Senate, senior United States Senate, United States senator from the state of Connecticut, a seat he has held since 2011. A member of the Democratic Party (United States), Democratic Party, he served from 1991 to 2011 as the 23rd Connecticut attorney general, from 1984 to 1991 as a member of the Connecticut General Assembly, and from 1977 to 1981 as United States attorney, U.S. attorney for the United States District Court for the District of Connecticut, District of Connecticut. Blumenthal graduated from Harvard University, where he was chair of ''The Harvard Crimson'', then studied for a year at Trinity College, Cambridge, before attending Yale Law School, where he was editor-in-chief of the ''Yale Law Journal''. From 1970 to 1976, Blumenthal served in the United States Marine Corps Reserve, attaining ...
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Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) United States antitrust law, antitrust law and the promotion of consumer protection. It shares jurisdiction over federal civil antitrust law enforcement with the United States Department of Justice Antitrust Division, Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC. The FTC was established in 1914 by the Federal Trade Commission Act of 1914, Federal Trade Commission Act, which was passed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Antitrust Act of 1914, Clayton Act, a key U.S. antitrust statute, as well as the provisions of the FTC Act, et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promul ...
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Unconscionability
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an ''unconscionable'' contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract. Overview Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations or circumstances surrounding the bargaining process. Unconscionable con ...
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Federal Trade Commission Act Of 1914
The Federal Trade Commission Act of 1914 is a United States federal law which established the Federal Trade Commission. The Act was signed into law by US President Woodrow Wilson in 1914 and Trade regulation, outlaws unfair methods of Competition (economics), competition and unfair acts or practices that affect commerce. Background The inspiration and motivation for this act started in 1890, when the Sherman Antitrust Act was passed. There was a strong antitrust movement to prevent manufacturers from joining price-fixing cartels. After ''Northern Securities Co. v. United States'', a 1904 case that dismantled a J. P. Morgan company, antitrust enforcement became institutionalized. Soon, US President Theodore Roosevelt created the Bureau of Corporations, an agency that reported on the economy and businesses in the industry. The agency was the predecessor to the Federal Trade Commission. In 1913, Congress expanded on the agency by passing the Federal Trade Commissions Act and the ...
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California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ...
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Palmer V
Palmer may refer to: People and fictional characters * Palmer (pilgrim), a medieval European pilgrim to the Holy Land * Palmer (given name), including a list of people and fictional characters * Palmer (surname), including a list of people and fictional characters Arts and entertainment * ''Palmer'' (film), a 2021 American drama film * Palmer Museum of Art, the art museum of Pennsylvania State University Places * Palmer River (other) * Mount Palmer (other) Antarctica * Palmer Inlet, Palmer Land * Palmer Land, a portion of the Antarctic Peninsula * Palmer Peninsula, former American name of the Antarctic Peninsula Australia * Palmer, Queensland, a locality * Palmer, South Australia, a town * Palmer, Western Australia, a locality in the Shire of Collie * Palmer River (Northern Territory), a tributary of the Finke River * Palmer River, Queensland Canada * Palmer, Ontario, Canada, a community in Burlington * Palmer, Saskatchewan, an unorganized hamlet ...
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Hospitality Industry
The hospitality industry is a broad category of fields within the service industry that includes lodging, food and beverage services, event planning, theme parks, travel agency, tourism, hotels, restaurants, nightclubs, and bars. Sectors According to the Cambridge Business English Dictionary the "hospitality industry" consists of hotels and food service, equivalent to NAICS code 72, "Accommodation and Food Service". Definition in the United States In 2020, the United States Department of Labor Standard Industrial Classification (SIC) defines the hospitality industry more broadly, including: * 701 Hotels and Motels, including auto courts, bed and breakfast inns, cabins and cottages, casino hotels, hostels, hotels (except residential ones), inns furnishing food and lodging, motels, recreational hotels, resort hotels, seasonal hotels, ski lodges and resorts, tourist cabins and tourist courts * 704 Organization Hotels and Lodging Houses, On a Membership Basis * 58 ...
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Retail
Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is the sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholesaler, and then sells in smaller quantities to consumers for a profit. Retailers are the final link in the supply chain from producers to consumers. Retail markets and shops have a long history, dating back to antiquity. Some of the earliest retailers were itinerant peddlers. Over the centuries, retail shops were transformed from little more than "rude booths" to the sophisticated shopping malls of the modern era. In the digital age, an increasing number of retailers are seeking to reach broader markets by selling through multiple channels, including both bricks and mortar and online retailing. Digital technologies are also affecting the way that consumers pay for goods and services. Retailing support services may also include the pro ...
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Healthcare Industry
The healthcare industry (also called the medical industry or health economy) is an aggregation and integration of sectors within the economic system that provides goods and services to treat patients with curative, preventive, rehabilitative, and palliative care. It encompasses the creation and commercialization of products and services conducive to the preservation and restoration of well-being. The contemporary healthcare sector comprises three fundamental facets, namely services, products, and finance. It can be further subdivided into numerous sectors and categories and relies on interdisciplinary teams of highly skilled professionals and paraprofessionals to address the healthcare requirements of both individuals and communities.HEALTH PROFESSIONS
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Congressional Hearing
A United States congressional hearing is the principal formal method by which United States congressional committees collect and analyze information in the early stages of legislative policymaking. Whether confirmation hearings (a procedure unique to the United States Senate), legislative, oversight, investigative, or a combination of these, all hearings share common elements of preparation and conduct. Hearings usually include oral testimony from witnesses and questioning of the witnesses by members of Congress. George B. Galloway termed congressional hearings a goldmine of information for all the public problems of the United States. A leading authority on U.S. government publications has referred to the published hearings as "the most important publications originating within Congress." The Senate Library in a similar vein noted "Hearings are among the most important publications originating in Congress."''Cumulative Index of Congressional Committee Hearings (Not Confidential i ...
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Darrell Issa
Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician serving as the U.S. representative for California's 48th congressional district. He represented the 50th congressional district from 2021 to 2023. A member of the Republican Party, he previously served in the United States House of Representatives from 2001 to 2019, representing two districts primarily covering North County in the San Diego area, first the 48th district for one term and then the 49th district for eight terms. From January 2011 to January 2015, he chaired the House Oversight and Government Reform Committee. Issa was CEO of Directed Electronics, which he co-founded in 1982. It is one of the largest makers of automobile aftermarket security and convenience products in the United States. With a net worth of approximately $460 million, Issa is the wealthiest serving member of Congress as of 2023. On January 10, 2018, Issa announced that he would not seek reelection to t ...
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