case study on consumer right to information

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2023 Supreme Court Cases Preview

What's at Stake for Older Adults

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Looking Ahead: Consumer

The Court is likely to continue to evaluate consumers’ right to have their day in court in the coming year. In the decade since the Supreme Court decided AT&T Mobility v. Concepcion , 563 U.S. 333 (2011) , clauses requiring mandatory pre-dispute arbitration and prohibiting class actions have proliferated. In Concepcion , the Court held that the Federal Arbitration Act (FAA) preempted a California law under which class-action bans in arbitration clauses were deemed to violate state public policy and, thus, were unenforceable . Id. at 343. As of 2018, at least half of U.S. households and 25 million employees were subject to mandatory arbitration clauses prohibiting class actions.

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The importance of arbitration clauses in civil litigation, thus, continues undiminished, and two cert petitions pending before the Court provide further opportunities for the Court to clarify the reach of arbitration. Both cases, Viking River Cruises, Inc. v. Moriana (No. 20-1573) , and HRB Tax Group v. Snarr (No. 20-1570) , challenge judicial decisions holding that California laws authorizing plaintiffs to proceed in representative capacities are not preempted by the FAA.

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In Moriana , a plaintiff whose employment contract required her to waive her right to bring a private attorney general action sued her employer under California’s Private Attorneys General Act (PAGA) for allegedly violating California labor law. Moriana v. Viking River Cruises, Inc ., No. B297327, 2020 WL 5584508, at *1 (Cal. Ct. App. Sept. 18, 2020) . Under PAGA, a plaintiff can seek damages against her employer on behalf of herself and other employees if the State declines to intervene in the case. Petition for Writ of Certiorari, at 8, Moriana (20-1573). Those employees receive a quarter of any monetary recovery, with the remaining three-quarters going to the State. Id. at 9. The California Supreme Court has held that Concepcion does not require arbitration of a PAGA claim because such claims represent a dispute between an employer and the State, whereas the aim of the FAA is to ensure efficient resolution of disputes over a litigant’s private rights. Iskanian v. CLS Transportation Los Angeles, LLC , 59 Cal. 4th 348, 384 (Cal. 2014) . (The Ninth Circuit has also rejected a challenge to Iskanian , though on the grounds that PAGA actions do not raise the same efficiency concerns as class actions.) The Viking Cruises cert. petition argues that Iskanian is nearly identical to Concepcion , in that both involved the State declining to enforce an arbitration agreement pursuant to an important public interest and asks the Supreme Court to overrule Iskanian . Petition for Writ of Certiorari, at 2-3, Moriana (20-1573).

The second case, HRB Tax Group v. Snarr , involves a California rule governing “public injunctions,” which are defined as injunctions that have “‘the primary purpose and effect of’ prohibiting unlawful acts that threaten future injury to the general public.’” Snarr v. HRB Tax Group, Inc. , 839 Fed.Appx. 53, 54 (9th Cir. 2020) (quoting McGill v. Citibank, N.A. , 393 P.3d 85, 90 (Cal. 2017)). California case law makes unenforceable a contract that waives the right to seek public injunctive relief in all forums. Snarr , 389 Fed. Appx. at 54. In Snarr , the plaintiff sought a public injunction against HRB, claiming the tax preparation company misleadingly steered tax filers away from a free service and toward a paid one, in violation of California consumer protection laws. Id. at 55. The plaintiff’s arbitration agreement with HRB forbids public injunctions and so is unenforceable under California law, and the Ninth Circuit refused to compel arbitration of the plaintiff’s claim. Id. at 54

In so doing, the court relied on Blair v. Rent-A-Center, Inc. , 928 F.3d 819 (9th Cir. 2019) , a prior circuit case holding that the FAA does not preempt the public-injunction rule. Blair rests on the premises that, unlike the ban on class-action waivers at issue in Concepcion , the public-injunction rule does not single out arbitration and does not undermine the purported efficiency and informality of bilateral arbitration, given that a plaintiff can seek a public injunction in a bilateral arbitration without resort to class-certification procedures. Id .  at 827-29

In its petition seeking review of Snarr , HRB rejects these arguments, contending that the rule’s focus on the general public and the higher stakes and complexity at issue undermine the traditional benefits of bilateral arbitration. Petition for Writ of Certiorari, at 16-17, Snarr (No. 20-1573). HRB also argues that, in practice, the public-injunction rule allows plaintiffs to avoid arbitration by seeking public injunctions. Id. at 5. In opposing Supreme Court review, Snarr distinguishes substantively complex claims (like those for a public injunctions) from the procedural complexity at the heart of the Court’s arbitration jurisprudence and notes that the evasion HRB raises can occur only in the particular cases of arbitration provisions drafted as HRB’s is. Respondent’s Brief in Opposition, at 26-27, Snarr (No. 20-1573). Snarr additionally argues that, under Supreme Court precedent, the “FAA does not require enforcement of arbitration provisions that expressly waive statutory claims and remedies,” as HRB’s contract does, and that the public-injunction rule applies equally to all contracts, whether or not they contain arbitration clauses. Id. at 5-6.

If the Supreme Court takes up Viking Cruises or Snarr , we will learn how far the Court is willing to extend its arbitration jurisprudence. Any decisions will have important consequences for consumer litigation in California and other states authorizing private-attorney-general suits and public injunctions.

Ali Naini [email protected]

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Consumer rights in the digital context

General statements of communications consumer rights.

While basic consumer rights apply in principle across all consumer transactions, they need to be elaborated and specialized in each sector so that providers know exactly what is expected of them and consumers know where they stand. The UNCTAD Manual on Consumer Protection (UNCTAD 2019) contains chapters on the application of basic consumer rights to financial services, public utilities (mainly water, sanitation, and energy) and food, while its Sustainable Development publication (UNCTAD 2017) covers their application to health care. This article illustrates how they have been interpreted in the digital sector in some countries.

Table 4.1 of the Handbook chapter on consumer affairs shows how, as more of life moves online, it becomes harder to draw a line between consumers and citizens and their respective rights, so that often people now speak simply of digital rights.

An example of how the basic consumer rights can be interpreted for consumers of connected objects in the Internet of Things (IoT) is provided in the table below. This was produced in 2014 by members of the OECD’s Civil Society Information Society Advisory Council (CSISAC).

Following that is a box listing the rights of telecommunications consumers in Mexico, taken from a short, clear, statement of these rights that the regulator in Mexico has included on its website.

Consumer rights in the Internet of Things

Source : https://csisac.org (civil society submission to OECD).

Source : http://www.ift.org.mx/sites/default/files/contenidogeneral/usuarios-y-audiencias/cartadederechosinfografia2018.pdf#overlay-context=usuarios-y-audiencias/carta-de-derechos .

Some regulators expand on the rights of accessibility for people with disabilities. The headings of an example from South Africa are given in the box below.

Source : https://www.icasa.org.za/uploads/files/Code-for-People-Disabilities-2014.pdf

An Australian report (Humphry 2014) stresses the vital importance of mobile connectivity in the lives of homeless people in Australia, now that society depends so much on internet access.

New consumer rights: examples from Brazil and the EU

The box below contains selected new consumer rights introduced in 2014 by the Brazilian regulator Anatel. These are not generally standard provisions and are worth considering elsewhere.

Source : Adapted from ITU 2017.

The European Electronic Communications Code (EECC)is a consolidation and update of several previous Directives governing the sector; it took several years to come into being and is due to be implemented across the Union during 2020. Its provisions cover all aspects of regulating the sector, the main changes most relevant to consumers are summarized in the box below.

Source : Adapted from Squire Patton Boggs summary of the code.

Digital Rights

Source : https://edri.org/wp-content/uploads/2014/06/WePromiseCharter_booklet_web.pdf .

Digital rights are essentially human rights as experienced online. As such, they tend to focus on freedom of expression, personal privacy, transparency, and freedom from unwarranted surveillance. Many civil society organizations around the world are now standing up for such rights; as is discussed in the Handbook chapter on “Consumer affairs”, it is ever harder to draw clear lines between digital rights and consumer rights online. The word cloud shown above represents a view from the European Digital Rights umbrella group.

Two specific areas of digital consumer rights worth mentioning are:

• The right to be fully informed about environmental aspects of digital activity. The topic of how the digital transformation can be managed to be as beneficial as possible for the environment, and particularly for energy consumption and climate change, is a huge one which is being addressed elsewhere [1] and which will interest people as citizens. From a narrow consumer viewpoint, people should be made aware of the energy consumption of their devices and activities, and also about likely device lifetimes and how to minimize e-waste.
• Clear and fair online terms and conditions : these are needed not just for communications services (which, as discussed in the Handbook chapter on “Consumer affairs”, ICT regulators may specify and require) but for digital transactions of every kind. A new international standard has been proposed to build on existing U.K. good practice guidelines, which are outlined in the box below.

Source : https://www.gov.uk/government/publications/contractual-terms-and-privacy-policies-how-to-improve-consumer-understanding .

• See, for example, https://www.itu.int/en/action/environment-and-climate-change/Pages/default.aspx , https://gesi.org/ , and https://www.creds.ac.uk/digital-society/ . ↑

Humphry, Justine. 2014. Homeless and Connected: Mobile phones and the Internet in the Lives of Homeless Australians. Sydney: University of Sydney for ACCAN. http://www.accan.org.au/files/Grants/homelessandconnected/Homeless_and_Connected_web.pdf .

ITU (International Telecommunication Union). 2017. Report on Question 6/1: Consumer Information, Protection and Rights: Laws, Regulation, Economic Bases, Consumer Networks. Geneva: ITU. https://www.itu.int/pub/publications.aspx?lang=en&parent=D-STG-SG01.06.3-2017 .

UNCTAD (United Nations Conference on Trade and Development). 2017. Achieving the Sustainable Development Goals through Consumer Protection. Geneva: UNCTAD. https://unctad.org/en/PublicationsLibrary/ditccplp2017d2_en.pdf .

UNCTAD (United Nations Conference on Trade and Development). 2019. Manual on Consumer Protection . Geneva: UNCTAD. https://unctad.org/en/PublicationsLibrary/ditccplp2017d1_en.pdf .

Zebersky Payne Shaw Lewenz is a boutique litigation and trial law firm that handles almost exclusively high-stakes litigation matters. Though its flagship office is in Fort Lauderdale, Florida, Zebersky Payne Shaw Lewenz handles complex commercial litigation, class actions, consumer protection litigation, personal injury, and wrongful death matters across the United States and the world.

11 times Big Brands Violated Consumer Protection Laws

• May 2, 2018 September 21, 2022
• Jordan A. Shaw

With the recent Facebook fiasco, consumer protection and the safety of our personal information is yet again in the public spotlight.

Facebook is not the only big name brand out there who has dropped the ball on consumer’s safety in recent years.

Many brands we know, and trust, have made costly mistakes in regards to keeping their consumers safe. It just does not always hit your newsfeed.

The other problem is, most people are not even sure about what consumer protection means.

It can be fuzzy for most people at times.

That is why:  When trying to explain the scope of consumer protection laws to clients (and family members), I always find it best to use everyday examples.In this post, I will show you 11 times when brand names we all know (and trust), violated the Consumer Protection Act.

But, first…

What is consumer protection?

Consumer protection relates to a specific area of law that ensures the ethical and fair treatment of consumers of products and services in the US and promotes a competitive marketplace for the benefit of the consumer.In the US, modern consumer protection law started as early as the 19 th century, when public crises forced the government to respond by creating a body with jurisdiction to oversee products and services offered to the public.

Since then…

Consumer protection laws have evolved to cover topics like ethical marketing and advertising, identity and privacy protection, financial services regulation, deceitful business activities, anti-trust laws and more.

All of this falls under the jurisdiction of the Federal Trade Commission or FTC.

What is the FTC?

Founded by President Woodrow Wilson in 1914, the FTC, or Federal Trade Commission, is a government body created to protect consumers in the US from unethical or unfair treatment and deceptive business practices.

On their website, FTC.gov , the Federal Trade Commission says that it has three goals:

• To protect consumers by preventing fraud, deception and unfair business practices in the marketplace,
• To maintain competition by preventing anti-competitive business practices, and lastly;
• To advance individual and collective organizational performance .

To achieve its goals:

The Federal Trade Commission works closely with people from all sectors, from policy and lawmakers to businesses owners and the public and focuses on three main areas of activities:

1.Advisory Board

The FTC provides research and advice to key national and international governmental agencies to help guide and shape rules that help to maintain a safe and fair marketplace

2  Law Enforcement

The FTC acts as both an investigator and an enforcer. It collects complaints from the public, conducts follow-up investigations and, if necessary, files a lawsuit against the offending entity.

(examples coming up soon)

3. Education

The FTC provides educational workshops and materials for both the general public and business communities to promote a fair and ethical free Global market while educating people on current scams and fraudulent activities of which to remain aware.

11 Times Big Household Brands Violated Consumer Protection Laws

Every year the FTC can process well over a hundred Consumer Protection Act violation lawsuits.

(You can keep an eye on all of them on the FTC’s website .)

If you were to look though, you probably wouldn’t know most of the companies, so it would be harder to relate to for your daily life.

So, to make things easier:

I grabbed 11 consumer protection cases where big brands you know (and trust), violated the consumer protection act.

Let’s take a look…

AT & T’s Misleading Marketing

Ever wonder how “unlimited” phone plans mean that after watching a certain number of videos on YouTube that your internet would still slow down?

So did the FTC in 2014…

That is when:

They brought a formal complaint against AT & T for misleading customers by marketing “Unlimited” plans that…tended to have too many limitations.

(For the FTC, This falls under what is called the Marketing Practices Division)

The FTC’s complaint was that, while AT&T was promoting “Unlimited” plans…

Once consumers passed a certain level of data usage, their service would slow down – by up to 90%.

If that does not sound unlimited to you, it didn’t to the FTC either, who considered it deceitful advertising, and in direct violation of the Consumer’s Protection Act.

Although this case is still in the courts at the date of writing, AT&T is doing their best to try and dismiss this case.  However, no luck so far.

Reference: AT & T’s Case

Lenovo Risking All With a 3 rd Party Install

All computers come with “bloatware.”

Bloatware is a nickname used to describe pre-installed applications and programs on new computers. Probably named so because of their tendency to fill up (and slow down) what should be an empty machine. Maybe because of the discomfort they cause too.

Most bloatware is harmless…

…but, that was not the case with one such program, which Lenovo pre-installed on their computers.

VisualDiscovery, a popup ad delivery program, came as part of the package when buying a Lenovo computer.

Unbeknownst to Lenovo, this made them an accomplice in violating the Consumer Protection Act, but not because of the popup ad functionality. Although annoying, it is not technically in breach of consumer protection law (yet).

The issue was:

This 3 rd party program could access whatever sensitive information it wanted on the user’s system. This included their online logins, banking details, and in some cases, their social security number.

All in all, a serious breach of the Consumer Protection Act.

(This is an example of a case which would be handled by the Privacy and Identity Protection Division of the FTC)

To remedy the situation, the courts ordered Lenovo to conduct comprehensive software security audits on any pre-installed software to ensure consumers safety.

Plus, they had to get consumers express permission before activating any such software on their new computer.

Reference: Lenovo’s Case

Dish Network Keeps Calling

Telemarketing calls can be annoying.

When you have already put your name on the national Do Not Call registry and STILL get telemarketing calls, it can be infuriating.

That is what many people felt when Dish Network – in connection with their telemarketing partners – made millions, yes, millions, of robocalls to customers on the “Do Not Call” list.

(what are “robocalls”? We talk more about that in this article)

However, regardless of whether someone is on the registry, it is still in breach of the Consumer Protection Act when you use automatic dialing systems to call people with pre-recorded messages without their express written consent.

This rule is the basis of the Telephone Consumers Protection Act (TCPA), an area of Consumer Protection law.

In the end, a class action suit has held against Dish Network, who were forced to pay 341 million dollars for their violations of the Telephone Consumer Protection Act.

Reference: Dish Network’s Case

DeVry’s Deception

Here’s another example of promising something to consumers that you cannot deliver.

For years, the popular university advertised promises around the idea that their students would find jobs within six months of graduating and would make better money than their peers.

DeVry claimed that as much as 90% of students would have a job within six months of graduating, and would earn up to 15% more than their peers.

A formal investigation from the FTC proved otherwise.

Although it was found to be true that most students did have a job after graduating,  many of the jobs were not in the alumni’s field of study.

They found business graduates working as servers in restaurants, and others working in car sales. DeVry also failed to acknowledge that a number of the students who had jobs six months after graduating already had those jobs before graduating .

DeVry’s promise was misleading.

It led consumers to believe that they had a high certainty of obtaining a job within their chosen field after studying with DeVry.

The court agreed that DeVry’s advertising was in direct violation of the Consumer Protection Act.

DeVry ended up paying a $100 Million settlement and had to refrain from such promises in any and all future public communications.

Reference: DeVry’s Case

  Amazon’s Child’s play

Back in the 90s and early 00’s (known as the naughty’s), every parent’s biggest fear was getting a surprise momentous phone bill because of their kid’s shenanigans.

It is still a parent’s fear. The only difference is that now it is the App and Play Stores that makes the hairs on the back of their neck stand on their ends.

The good thing is that thanks to the FTC’s hard work, it is not as easy as it used to be for kids to buy 10,000 tokens on Candy Crush or Plants vs. Zombies.

Up until recently…

Companies like Amazon had little in place to protect parents from paying for in-app purchases made by their, less financially astute, children.

This ended up costing parents millions of dollars in app purchases they did not approve.

To remedy the situation:

The FTC stepped in, stating that Amazon must change its in-app purchase processes to protect account holders from paying for purchases they did not willingly make.

Amazon has since instated a refund policy for these occurrences and put new security measures in place to stop children from making large purchases on their parents’ accounts.

As a side note, Apple went through this exact same issue in 2014 for in-app purchases made without a parent’s consent.

Reference: Amazon’s Case

Volkswagen’s Cheated Tests

You probably heard about this example in the news.

In their monumental lawsuit, Volkswagen had to pay more than 14 Billion dollars to fix problems they had caused by deceiving consumers.

What did they do?

Volkswagen cheated emissions tests, reporting that their cars were up to the standards they should have been…

…and they deceived customers about how “eco-friendly” their vehicles were in marketing communications.

These actions put them in violation of both the Environmental Protection Act and the Consumer protection act.

As Deputy Attorney General Sally Q. Yates succinctly described it:

“By duping the regulators, Volkswagen turned nearly half a million American drivers into unwitting accomplices in an unprecedented assault on our atmosphere,”

This is a perfect example of:

How consumer protection violations not only end in costly lawsuits and damages. They also have a ripple effect that changes the market’s view of a company for years to come.

Just like a personal relationship, a consumer’s trust is hard to win back once broken.

Reference: Volkswagen’s Case

Western Union Supports Scammers

If you have ever been scammed online…

…chanced are the transaction took place through a Western Union.

In fact, many overseas scammers rely heavily on the access to international transfers that Western Unions provides.

————–

For example:

Nigerian 419 scams, otherwise known as “advance fee” scams.  These (now famous) scams are when a scammer finds a way to manipulate an individual to send them money.

This type of scam usually uses a story that creates an emotional connection with the person to build trust which then leads to favors or asking for help…

Alternatively it involves promises of large sums of money, in exchange for a small fee.

(How many Nigerian Princes have emailed you in the last 12 months?)

There are other countries from where these types of scams originate, but as over 51% of these types of scams originate from Nigeria, these scams are referred to as Nigerian scams.

The criminal code for this kind of scam is 419, explaining the number.

———–

Because so many of such scams successfully used Western Union’s services to complete their transactions, the FTC filed a suit against Western Union in 2014, issuing a 586 Million dollar fine to the company to reimburse those affected between January 2014 and 2017.

If you were affected by a scam operated through Western Union during that period, you can still (as of the time of this writing) apply for a claim in the case. See the reference below.

Reference: Western Union’s Case

Uber’s Two Strikes

Uber is often criticized for its disruptive business model and actions.

But, they crossed the Consumer Protection line with, not one, but two separate accounts of violating the consumer protection act.

The first time was back in 2017.

This is when Uber was caught making hyperbolic promises about how much new Uber drivers could make, explicitly quoting high earnings for both New York and California drivers.

When the FTC conducted their independent research, they found average yearly earnings up to $30,000 lower than claimed by Uber.

This deceitful advertising cost Uber 20 Million dollars in settlements.

The other instant was more recent when it became known that Uber employees were able to access and misuse personal data obtained from ride-sharing contractors.

Although still under investigation…

…it is apparent that an Uber employee’s access key was used to make over 100,000 Uber driver’s bank account details and social security details public.

The severity of this breach is still yet to be seen because such a thing can have lifelong repercussions for the drivers ( a social security number is with you for life)

The case continues…

Reference: Uber’s Case 1 , Uber’s Case 2

7 – Eleven Eats Competition

Consumer protection does not always have to be about deceit or unethical behavior.

It also involves protecting consumers through promoting competition.

When companies have competition, it motivates them to offer the best possible deal to consumers, to “beat” their competitors.

That is why you see many brands trying their hardest to improve quality or lower prices.

In fact, there is a point in Apple’s history where Bill Gates bailed Steve Jobs out of potential bankruptcy precisely for this reason.

Without competition, a business has fewer incentives to lower prices or strive to make better quality products for its customers.

This is why:

When 7 – Eleven announced that it was buying 1,000+ of its competitor’s stores, the FTC took notice.

By doing so, they radically reduced competition within multiple geographical marketplaces, which would lower incentives for them to provide their customers the best prices.

(This falls under the protection subcategory known as anti-trust laws)

In this case, 7-Eleven’s parent company had to agree upon restructuring its deal to maintain a fair level competition in the marketplace.

Reference: 7-Eleven’s Case

Herbalife Pays For the Wrong Reasons

If you have ever been to a seminar hosted by a Multi-level marketing company, you know how many grandiose stories of a person joining and just a few months later being able to quit their job and buy a mansion, you will hear at those events.

The problem is, this is often misleading for new “recruits” who sign up thinking the company will solve all their life’s problems.

When Herbalife, a major international Multi-Level Marketing brand with over 4 Billion dollars in revenues, actively promised new registrants that they would have the opportunity to quit their jobs, make career level incomes and potentially become rich in the process…

A Consumer Protection investigation followed, which proved their claims to be false.

In reality, less than half of all Herbalife salespeople made less than $300 in a single reporting period.

The other problem that surfaced was their benefits structure. As it turned out, Herbalife incentivized the recruiting of new people more than the purchasing of useful goods.

This incentive structure is the basic principle of a pyramid scheme, which is illegal.

All these findings led to a $200 million dollar lawsuit and a court order to restructure their business model and payment structures.

Reference: Herbalife’s Case

Lending Club’s Hidden Fees

Nobody likes hidden fees . Especially the Consumer Protection Act.

The Lending Club is a popular peer-to-peer lending platform that connects those they call investors, interested in lending money at an interest rate, with borrowers.

This peer-to-peer lending platform promoted its services as free of “hidden fees” or surprises, but this was not true.

Investigations found that the Lending Club issued hidden charges that ended up costing their customers hundreds, or even thousands, of dollars more than they thought they would have to pay.

Furthermore:

Many potential borrower clients received congratulatory emails insinuating they had passed all criteria to obtain a loan, before Lending Club’s final credit history checks, which could often result in a final rejection for the loan.

In early 2018, Lending Club was sued for deceitful marketing activities and unlawful hidden fees.

Want to know how to avoid hidden fees? Read this post.

What did you think?

In my opinion, these examples are a reminder that we, the consumers, can’t just rely on companies to do the right thing. It’s our duty to stay vigilant and keep our eyes out for unethical behavior in the marketplace. Every one of us can help to keep big corporations honest.

If you have experienced a violation of the Consumers Protection Act, leave a comment below.

Or, better yet; give us a call. 1+ (877) 722-5943

(954) 989-7781 (954) 989-6333

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Latest Consumer Protection Cases in 2021 – Part 1

The bombay dyeing and … vs ashok narang and anr.

In this case, the Appellant, The Bombay Dyeing and Manufacturing Company Ltd was the builder-promoter whereas Mr. Ashok Narang and others were the allotees/buyers of the flats. It was agreed by the Parties that the possession would be delivered by 2017 at a 20:80 scheme consideration (20% initially and 80% at the time of delivery), in which the Respondents had already made payment of 20% in 2012-13 inclusive of tax and premium. The appellants failed to deliver the flats for possession on the stipulated time and extended it by 2 years. Thus, the Respondents filed a complaint u/s 31 of the Real Estate (Regulation and Development) Act, 2016 (“2016 Act”) before the Authority citing breach u/s 12 read with S. 18 of the 2016 Act seeking cancellation of the allotment and also a refund of the amount they had paid. The Authority did not pass any order regarding the refund stating that S. 12 did not apply retrospectively, and also that the cancellation should be done as per the allotment agreement. Further when appealed before the Appellate authority, it found that S. 12 of the 2016 Act had a retroactive operation and directed the respondent to refund with due interest and also ordered cancellation of the allotments. Consequently, the Appellants approached the Bombay High Court wherein the Appellant-counsel submitted that the provisions of the 2016 Act were prospective in operation and that the written agreement for sale was also absent due to which no liabilities could be imposed upon it as u/s 18. To this, the Respondent-counsel contended that the application of the 2016 Act to an ongoing project itself indicated that the provisions were quasi-retroactive in nature. Also, regarding the absence of a written agreement, it was argued that the Appellant could not be permitted to raise a new contention for the first time in the second appeal, thus it had waived the right to raise any such claims and that could not be allowed to approbate and then reprobate later on. The Court pointed out that no one should be made to wait indefinitely for delivery of possession and thereby held that there was a deficiency of service and disposed of the appeals with no order as to costs.

Citation : The Bombay Dyeing and … vs Ashok Narang and Anr., Decided by Bombay High Court on 30th August, 2021, available at : The Bombay Dyeing and … vs Ashok Narang and Anr , visited on 9th September 2021.

PUNIT JAIN VS M/S. IREO GRACE REALTECH PVT. LTD.

Mr. Punit Jain, the Complainant, filed a consumer complaint against Ireo Grace Realtech Pvt. Ltd. for making him sign a one-sided agreement concerning the sale of a 1483.28 sq. ft. apartment at 9200/ – per sq. ft. instead of the previously agreed rate of 8750/ – per sq. ft on 16.03.2013. The company also agreed to make the apartment available to the Complainant within 42 months of execution of the agreement 03.04.2014. The Agreement also mentioned a 180 days’ grace period. The Complainant made full payment of the agreed amount of 1,55,17,716/ – Rupees before filing the present complaint against the builder when it failed to complete the construction within the stipulated time period. The Counsel for the builder contended that the Complainant would not be considered as a ‘Consumer’ under Section 2(1)(d) of the Consumer Protection Act, 1986 as he had bought the apartment for a commercial purpose and had also made a similar booking in another project by the builder. It was also argued that there was an arbitration clause in the agreement signed by the complainant. The builder’s counsel further contended that the Complainant was bound by the terms of the agreement on the Basic Sale Price. The Consumer Disputes Redressal Forum held that the present agreement was a one-sided agreement and was an unfair contract. It was stated that the Developer could not compel the apartment buyers to be bound by the one-sided contractual terms contained in the Buyer’s Agreement. The court also directed the builder to pay interest @ 9% S.I. per annum from 27.11.2018 till the date of payment of the entire amount. The court also directed interest @ 12% S.I. p.a. should be paid in case of a default.

Citation: Punit Jain vs M/S. Ireo Grace Realtech Pvt. Ltd., Decided by The Consumer Disputes Redressal on 31st August, 2021, available at: Punit Jain vs M/S. Ireo Grace Realtech Pvt. Ltd. , visited on 9th September, 2021.

KHATEMA FIBRES LTD. V. NEW INDIA ASSURANCE COMPANY LTD.

The Appellant, Khatema Fibres Ltd., took out a “Standard Fire and Social Perils” insurance policy from Respondent-Insurance Company New Assurance Co. Ltd. for a sum of approx. 42 crores from 7/5/2007 to 6/5/2008, but a fire broke out on its factory premises on 15/11/2007. The firm, M/s Adarsh Associates, appointed by the Respondent ascertained the value of loss as approx. 2 crores upon their investigation. The Appellants felt the assessment of was loss was approx. 13 crores, but the Insurance Company stated that it could give a maximum claim only up to the amount quoted by the firm. The Appellant filed a consumer complaint under Section 21 (a)(i) of the CPA, 1986 before the NCDRC seeking various types of compensation from the insurance company, for loss caused due to fire, financial stress, legal fees, and so on. The Commission allowed payment to the Appellant for 2 crores, which was original amount assessed by Respondents. The present case was an appeal under Section 23, where the Appellant contended that the net weight of the damaged material was not correct. The Respondents made the counter-argument that the surveyor was an expert at his field and did the assessment in a scientific manner. The Supreme Court observed that there were many discrepancies found by the surveyor with respect to documents submitted, wherein one document showed a certain amount of waste paper stock, and the other showed a huge increase in the stock. The Court agreed with the National Commission’s finding that the Appellant was not able to establish deficiency in service under Section 2(1)(g). Thus, the Court upheld the previous judgement because there was no arbitrariness or unjustness exercised by the Commission in granting claim to the extent of 2 crores.

Citation: Khatema Fibres Ltd. vs New India Assurance Company Ltd. & Anr. , Decided by The Supreme Court on 28th September, 2021, available at:  Khatema Fibres Ltd. v. New India Assurance Co. Ltd. (2021) /, last visited on 4th October, 2021.

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5 mini case studies about understanding and serving the customer

This article was originally published in the MarketingSherpa email newsletter .

Mini Case Study #1: 34% increase in conversion for powdered health drink company by helping customers come to their own conclusions

A single-product company that sells high-quality, all-natural, powdered health drinks engaged MECLABS Institute to help better understand their potential customers and increase the conversion rate of prospects reaching the homepage.

The original homepage took a claims-driven approach – it provided several bold statements about what the product would do for a customer with no information about the product to help the customer understand why it would work for them. Here is a look at the upper left of the original homepage.

Creative Sample #1: Upper left of original homepage for health drink company

The MECLABS team created a version of the homepage that took a conclusion-driven approach – instead only trying to convince potential customers with only bold claims about the product, the homepage copy included information about the product to help customers understand why the product would help them.

Creative Sample #2: Upper left of treatment homepage for health drink company

The team tested this version as the treatment against the original homepage (the control) to help better understand what communication style customers would respond to.

The treatment generated a 34% increase in conversion rate.

This experiment highlights a classic disconnect between customers and marketers. If you work in a company or with a client, you have intimate knowledge of the product and believe in its effectiveness. You spend all day thinking about it. You personally know some of the people who designed it. Your paycheck depends on the success of the product.

A customer does not have this same understanding or belief in the product. They have a significant gap in their knowledge about your product. Bold claims alone are not enough to close that gap. They have to understand why the product will work and come to their own conclusions about the company’s ability to deliver on its promises.

You can learn more about this experiment in The Conversion Heuristic Analysis: Overcoming the prospect’s perception gap from MarketingExperiments (MarketingSherpa’s sister publication).

Mini Case Study #2: Bags company increases conversion 191% by adding clarity to homepage

“I'm the CEO of Doubletake , a tennis and pickleball bag company, but I spent the majority of my career focused on messaging and research, consulting as a strategist for top brands for the last 10 plus years, and in-house prior to that. I'm almost embarrassed that I have this example to share, but I thankfully came to my senses!,” Shawna Gwin Krasts told me.

“It is interesting that crafting messaging/copy for products that aren't ‘your baby’ is so much easier – there is just more distance to see it for what it is. If this wasn't so near and dear to my heart, I would have caught it in a second.”

The team launched its homepage with only the headline “Sports Meets Style” over a photo of a bag. The headline was meant to differentiate the brand from competitors that were either only sporty or fashionable. Below the headline was a call-to-action (CTA) button with the word “shop.”

Creative Sample #3: Previous homepage copy for bag company

Internally it seemed obvious that the company sells tennis and pickleball bags since a bag was in the photo.

But they came to realize that it might not be as clear to website visitors. So the team added the subhead “Gorgeous Yet Functional Tennis and Pickleball Bags.” They also added the word “bags” to the CTA so it read “shop bags.”

Creative Sample #4: New homepage copy for bag company

These simple changes increased the website's conversion rate by 191%.

“It is so important for marketers to get out of their own heads,” Krasts said. “I suppose this is why I struggle with messaging so much for Doubletake. I am the target customer – I have the answers in my head and I suppose my natural curiosity isn't as strong. But clearly, I also have to remember that I've seen my homepage 10,000 more times than my customers, which means things that seem obvious to me, like the fact that Doubletake is a tennis brand not a reseller, might not be obvious.”

Mini Case Study #3: Online motorcycle gear retailer doubles conversion with personalized emails

There are ways to better tap into what customers perceive as valuable built into certain marketing channels. Email marketing is a great example. Marketers can build off information they have on the customer to send more relevant emails with information and products the customer is more likely to value.

"Very early in my marketing career I was taught, 'You are not the target audience' and told to try to see things from my customer's perspective. Empathizing with customers is a good start towards seeing products from the customers' perspective, but marketers really need to focus on quantifiable actions that can help identify customers' needs. That means continuous testing across messaging, price points, packaging, and every other aspect of a product. This is where personalization can really shine. Every time a marketer personalizes a message, it brings them closer to their customer and closes that gap," said Gretchen Scheiman, VP of Marketing, Sailthru.

For example, 80% of the email messages RevZilla sent were generic. But the website sells motorcycle parts and gear to a wide range of riders, each with their own preference in brand and riding style. The online motorcycle gear retailer partnered with Sailthru to better connect with customer motivations. The team started by upgrading the welcome series for new customers by personalizing the email messages based on the customers’ purchases and preferences.

The company has tested and added many new triggers to the site, and now has 177 different automation journeys that include triggers for browse and cart abandonment as well as automations for different product preferences, riding styles and manufacturer preferences.

The conversion rate from personalized email is double what RevZilla was getting for generic batch-and-blast sends. Automated experiences now account for 40% of email revenue. Triggered revenue is up 22% year-over-year and site traffic from triggers has increased 128% year-over-year.

"Customizing the buyer journey isn't about one long flow, but about lots of little trigger points and tests along the way. For any marketer that is intimidated about getting started with personalization, it's important to realize that it's more like a lot of small building blocks that create a whole experience. We started with a custom welcome series using testing and built from there. We're still adding new tests and new trigger points, but it's with the same concept that we started with,” said Andrew Lim, Director of Retention Marketing, RevZilla.

Mini Case Study #4: Pet protection network increases revenue 53% thanks to survey feedback

Huan makes smart tags for pets to help owners find their pets if they go missing. Initially, the company focused on the technical features in its homepage copy. For example, the tags don’t emit harmful radiation, are water-resistant and have a replaceable one-year battery.

From customer feedback surveys, the team discovered that customers purchased the product because they were worried they wouldn’t be able to find their pet if the pet went missing. This discovery prompted the team to change its messaging.

The new messaging on the homepage read, “Keep your pet safe and prevent heartbreak. Huan Smart Tags help you find your missing pet automatically.”

Revenue increased 53% increase following the change in messaging. “We immediately saw an increase in engagement on our website, with a lower bounce rate, higher click-through rate and a higher conversion rate. There were also a few people who messaged us on social media saying how our new message resonated with them,” said Gilad Rom, Founder, Huan.

Mini Case Study #5: Talking to new customers leads SaaS to change strategy, increase sales 18%

When Chanty launched, the marketing messages focused on pricing since the Saas company is 50% less expensive than the best-known competitor. However, when the team started talking to customers, they discovered most people had switched from the competitor for different reasons – ease of use, better functionalities in the free plan, better experience with the customer support team, and a better mobile app.

The team changed its marketing to focus around these product attributes and only listed pricing in the end as an additional benefit.

“It turned out that this was the way to go because we attracted people who wanted a better experience, rather than just customers who wanted to save money. After six months of implementing this new marketing and sales strategy, our sales grew by 18%,” said Jane Kovalkova, Chief Marketing Officer, Chanty.

Related resources

The Prospect’s Perception Gap: How to bridge the dangerous gap between the results we want and the results we have

Customer-First Marketing: Understanding customer pain and responding with action

Marketing Research Chart: How customer understanding impacts satisfaction

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• Consumer Law
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According to the Consumer Protection Act 1986, the consumer right is referred to as ‘right to be protected against marketing of goods and services which are hazardous to life and property’.It is applicable to specific areas like healthcare, pharmaceuticals.

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Information

The right to information is defined as ‘the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices’ in the Consumer Protection Act of 1986.

Consumerism

Consumerism is a social as well as economic order which encourages the buying of goods and services in ever-greater amounts. This term is sometimes associated with critics of consumption beginning with Thorstein Veblen. Veblen's topic of examination.

• Consumer Rights in India
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World consumer rights day, jago grahak jago, consumer protection act 1986, national consumer disputes redressal commission, consumer responsibility, young consumers and consumer responsibility, women consumers.

According to the Consumer Protection Act 1986, the consumer right is referred to as ‘right to be protected against marketing of goods and services which are hazardous to life and property’. It is applicable to specific areas like healthcare, pharmaceuticals and food processing, this right is spread across the domain having a serious effect on the health of the consumersortheir well being viz. Automobiles, Housing, Domestic Appliances, Travel etc. When there is violation of the right then there occur medical malpractice lawsuits in the country. It is estimated every year that thousands or millions of citizens of India are killed or seriously injured by immoral practices by doctors, hospitals, pharmacies and the automobile industry. Still the government of India, known for its callousness, does not succeed in acknowledging this fact or making a feeble effort for maintaining statistics of the mishaps.

The Government of India needs to have world class product testing facilities to test drugs, food, cars or any other consumable product that can prove to be a menace to life. It does not happen coincidently that Tata Nano is sold in India for half of what it costs in a country which is industrially developed,this is a classic case of requirement of a cheap product that outweighs the need for safety of family and self. The   developed countries like the United States have stalwart agencies which oversee the protection of consumer products, the Food and Drug Administration (FDA) for food and drugs, the National Highway Traffic Safety Administration (NHTSA) for automobiles and the Consumer Product Safety Commission (CPSC) for various other consumer products etc. This right needs each product which can potentially be a danger to our lives to be marketed after adequate and complete verification as well as validation. India is 50 years away, for empowering this right adequately and completely.