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 johnm214
 
Registered: 05/31/07
Posts: 17,582
Loc: Americas
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 Libertarians on law granting consumers a private cause of action against deceptive sales practices? 
#7288084 - 08/12/07 03:59 PM (16 years, 8 months ago) |
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What is the libertarian position on the legislation that grants consumers' a private cause of action to redress decpetive sales practices? I've heard ron paul say he's against federal enforcment, but what about laws that simply provide private rights, such as statutory damages and attorney's fees, and delineates the manner in which a consumer can bring such an action?
(Not trying to get into an argument here as to whether ron paul is a "true" libertarian.)
In my mind, the low value of most consumer transactions creates a need for a break from the American system of not awarding attorney's fees. I see nothing wrong with holding a company to their word through allowing consumer's treble damages and other such remedies, when the basis for the action, not the remedy, is sounded in common law.
What do you all think?
Edited by johnm214 (08/12/07 04:04 PM)
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 Phred
Fred's son
Registered: 10/18/00
Posts: 12,949
Loc: Dominican Republic
Last seen: 9 years, 3 months
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Re: Libertarians on laws granting consumers private enforcement deceptive sales practices [Re: johnm214]
#7288112 - 08/12/07 04:08 PM (16 years, 8 months ago) |
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Quote:
What is the libertarian position on the legislation that grants consumers' a private cause of action to redress decpetive sales practices?
Libertarianism isn't Anarchism. If the US (for example) were to change over to a Libertarian government, there would be no need to strike down existing laws dealing with deceptive trade practices per se, either criminal or civil.
"Deceptive trade practices" is just another phrase for "fraud". Libertarians hold that there must be laws punishing fraud.
Phred
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johnm214
Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Libertarians on laws granting consumers private enforcement deceptive sales practices [Re: Phred]
#7288226 - 08/12/07 04:57 PM (16 years, 8 months ago) |
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yeah, but they seem to support government not interveing in buisness. Ron Paul has said he would abolish the consumer products safety commision. While there is a distinction between government enforment and private enforcement, do libertarians make that distinction?
Moreover, that I know of, commonlaw negligence and fraud usually have different burdens of proof and remedies than most consumer protection laws.
So is it consistant with a libertarian philosphy to assert that the government shouldn't intervene in the marketing of products, but that consumers actually harmed by them should have specific laws granting them the ability to sue for material deception, and to recover more than they would at commonlaw?- like say a 500$ minimum plus attorney's fees on a misrepresented product that only caused 80$ in damage
I would hope so
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johnm214
Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Libertarians on laws granting consumers private enforcement deceptive sales practices [Re: johnm214]
#7290690 - 08/13/07 11:16 AM (16 years, 8 months ago) |
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Quote:
We oppose all so-called "consumer protection" legislation which infringes upon voluntary trade, and call for the abolition of the Consumer Product Safety Commission. We advocate the repeal of all laws banning or restricting the advertising of prices, products, or services. We specifically oppose laws requiring an individual to buy or use so-called "self-protection" equipment such as safety belts, air bags, or crash helmets.
http://www.dehnbase.org/lpus/library/platform/cp.html
Again does this mean they only oppose legislation that requires a company to follow government regs? What about laws that simply provide enhanced penalties for negligent advertising or fraud?
So do they advocate the abrigation of an advertiser's duty to speak truthfully, or only government regulation of such, while allowing private actions?
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Phred
Fred's son
Registered: 10/18/00
Posts: 12,949
Loc: Dominican Republic
Last seen: 9 years, 3 months
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Re: Libertarians on laws granting consumers private enforcement deceptive sales practices [Re: johnm214]
#7290723 - 08/13/07 11:32 AM (16 years, 8 months ago) |
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The very first line from the link you provide:
Quote:
We support strong and effective laws against fraud and misrepresentation.
Does this not answer the question you posed in your opening post? Do you find the wording ambiguous in some way?
Phred
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johnm214
Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Libertarians on laws granting consumers private enforcement deceptive sales practices [Re: Phred]
#7290779 - 08/13/07 12:00 PM (16 years, 8 months ago) |
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yeah, I guess that about answers it... I'd still imagine some would say that government has no buisness providing enhanced penalties for a specific class (consumers) and not others (buisnesses).
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