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Protections for consumers were first introduced in the 1980s, as members of Congress became increasingly concerned with the lack of governance on the issue.[2]<\/a> As a response for their growing concerns, the Computer Fraud and Abuse Act was enacted, which \u201cprohibits anyone from accessing a computer or computer network without the owner\u2019s consent.\u201d[3]<\/a>As internet presence increased, the legislation was extended to protect against e-commerce fraud, as well.[4]<\/a><\/p>\n <\/p>\n Additionally, the Restore Online Shoppers\u2019 Confidence Act (ROSCA) was passed in 2010.[5]<\/a> A main feature of the legislation protects the consumer from third-party payment processors from selling online shoppers\u2019 information.[6]<\/a> The legislation also protects consumers from unknowingly signing up for a subscription or reoccurring charge by requiring a company to disclose all material terms of the transaction\u201d before consumers are required to submit billing information.[7]<\/a>Furthermore, other federal laws include the Fair Credit Billing Act, which allows consumers to dispute any charges that were never made, charges that were incorrect, or goods that were not delivered.[8]<\/a> Federal law further requires that all items ordered online be shipped within 30 days.[9]<\/a> The Electronic Signatures in Global and National Commerce Act was passed with the goal of ensuring consumers have provided \u201cadequate consent to an electronic transaction.\u201d[10]<\/a><\/p>\n <\/p>\n In addition to legislation from Congress, the Federal Trade Commission and the Federal Communications Commission have worked together to provide protections for online consumers.[11]<\/a> The \u201cRestoring Internet Freedom\u201d Order, signed during Trump\u2019s presidency, essentially eliminates net neutrality policy passed during Obama\u2019s presidency.[12]<\/a> However, in general, regulation has seen a decrease during Trump\u2019s presidency.[13]<\/a><\/p>\n <\/p>\n In addition to general consumer laws, states have passed legislation more specifically directed towards online purchases by consumers.[14]<\/a> In 2007, Governor Eliot Spitzer of New York signed a law that gives consumers who purchase items online the same protections had they made those purchases over the phone or through the mail.[15]<\/a> Some of these protections include the consumers\u2019 ability to cancel orders if the products are not shipped within the required time frame and the producers\u2019 requirement to keep all complaints from consumers.[16]<\/a><\/p>\n <\/p>\n Courts have also furthered protections for the consumers should there be a product defect in a consumer\u2019s purchase. More recently, in California, the court held that an online retailer could be held strictly liable \u201cfor the defects in third-party product sold on its website.\u201d[17]<\/a> Previously, online retailers were shielded from liability claims brought by consumers of third-party products.[18]<\/a> This issue has expanded to several other states including Pennsylvania, Arizona, and Tennessee.[19]<\/a><\/p>\n <\/p>\n As the world continues to evolve into a more technologically connected world, it is more important than ever for consumers to have under the protections they received from both Congress and the courts, as well as for producers to understand where they may be susceptible to liability.<\/p>\n <\/p>\n [1]<\/a> Problems With Online Shopping, <\/em>Find Law (Mar. 31, 2020), https:\/\/www.digitalcommerce360.com\/article\/coronavirus-impact-online-retail\/.<\/p>\n [2]<\/a> Online Consumer Protection In E-Commerce Transactions \u2013 Module 3 of 5,<\/em> Law Shelf https:\/\/lawshelf.com\/videocoursesmoduleview\/online-consumer-protection-in-e-commerce-transactions-module-3-of-5\/.<\/p>\n [3]<\/a> Id.<\/em><\/p>\n [4]<\/a> Id.<\/em><\/p>\n [5]<\/a> Id.<\/em><\/p>\n [6]<\/a> Id.<\/em><\/p>\n [7]<\/a> Id.<\/em><\/p>\n [8]<\/a> Fair Credit Billing Act: What Is It And What Do You Need To Know?<\/em>, Lexington Law (Nov. 21, 2019),<\/p>\n https:\/\/www.lexingtonlaw.com\/credit\/fair-credit-billing-act#:~:text=The%20Fair%20Credit%20Billing%20Act,and%20undelivered%20goods%20or%20services.<\/p>\n [9]<\/a> 16 C.F.R. \u00a7 435.2 (2014).<\/p>\n [10]<\/a> Laws Pertaining To Commerce On The Internet, <\/em>Stimmel Law https:\/\/www.stimmel-law.com\/en\/articles\/laws-pertaining-commerce-internet (last visited Oct. 29, 2020).<\/p>\n [11]<\/a> Online Consumer Protection in E-Commerce Transactions \u2013 Module 3 of 5,<\/em> Law Shelf https:\/\/lawshelf.com\/videocoursesmoduleview\/online-consumer-protection-in-e-commerce-transactions-module-3-of-5\/.<\/p>\n [12]<\/a> Id.<\/em><\/p>\n [13]<\/a> Id.<\/em><\/p>\n [14]<\/a> Laws Pertaining To Commerce On The Internet, <\/em>Stimmel Law https:\/\/www.stimmel-law.com\/en\/articles\/laws-pertaining-commerce-internet (last visited Oct. 29, 2020).<\/p>\n [15]<\/a> Linda Rosencrance, U.S. State Law Protects Consumers Buying Online, <\/em>PC World (Jun. 8, 2007), https:\/\/www.pcworld.com\/article\/132733\/article.html<\/p>\n [16]<\/a> See id.<\/em><\/p>\n [17]<\/a> Ryan S. Landis, Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties, <\/em>10 Nat\u2019l. L. Rev. (Aug. 28, 2020),<\/p>\n https:\/\/www.natlawreview.com\/article\/crack-dam-shields-online-retail-platforms-liability-defective-products-third-parties.<\/p>\n
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