 This ThinkTech commentary is dedicated to the Federal Trade Commission. Thanks for your consideration of the views expressed in this ThinkTech commentary, which is entitled, Looking for Consumer Protection in America. Lord knows we have a myriad of serious issues to handle in Congress, but with the current GOP lockup in the House of Representatives, we won't be able to get anything done on any of those issues or anything else anytime soon. With all our other problems, consumer protection is undoubtedly low on the list of things we need to do for social or economic justice. But in fact, to raise public confidence in government, which is something we absolutely have to focus on, we need aggressive national measures that will achieve new vitality and sweeping reform on consumer protection. Let's look at the Federal Trade Commission. It's hard to know what they do or that they do anything much to protect consumers. In these days of our new, upside-down federalism, the FTC is most likely to take a pass or to deflect a consumer complaint back to the states where it often winds up in bureaucratic oblivion. Much or most of American commerce is now directed to national markets. For the federal government to leave consumer protection to the individual states is leaving it to multiple systems which differ substantially from state to state. This in turn leaves the consumer in a quandary as to what law, what state and what state agencies will help and what relief might be available in each. Likewise, much of American commerce is on the web. But since the web and social media in general is really not regulated in this country, it has become a feeding ground for scams of every kind and nature, leaving consumers exposed to the worst attacks without the slightest protections. To simply advise consumers that it is their responsibility to be careful to avoid these scams is really no protection at all. Sorry, but better business bureau type organizations just take your complaint and listen patiently to both sides but do not actually decide disputes or enforce the rights of the consumer. All you can do is put something on file against a scam or unfair practice. While the limited availability of that information may be a warning to other consumers, it doesn't help you recover what you have lost. And don't forget the adhesion contracts which are ubiquitous in this country. They are the result of targeted efforts by corporate lawyers and lobbyists over the decades. They are in fine print, far too long, with far too many anti-consumer provisions. All the power is on the side of the business and none of it is on the side of the consumer, making it all the more difficult or impossible for the consumer to recover. So you're on the west coast, but the adhesion contract says that the dispute must be resolved by arbitration where you have to pay your own legal fees plus part of the costs of arbitration and that the arbitration must be conducted thousands of miles away in a state that favors the business. And those provisions are generally enforceable under state law, effectively leaving you at a tremendous disadvantage. What's wrong with this picture? Yes, there have been attempts to reform consumer protection laws in some states, but not in others. And there have been uniform laws that have been adopted in varying forms in some states but not in others. That leaves it to the consumer to research the laws of multiple states and most consumers are not in a position to do that. At the end of the day there is no uniformity and the only thing predictable is that there are multiple obstacles to any kind of relief for the consumer. Yes, some states do have consumer protection offices, but it remains that these will differ in size and authority from state to state. And the competence, availability and ardor of the people who staff them will likewise differ from state to state as will their rules and attitudes about helping consumers from out of state. You really can't be sure about the politics or the help you will get from an office thousands of miles away. This is a national problem and it's getting worse all the time. Leaving it to the private bar to represent disadvantaged consumers is not a realistic solution. Many consumers do not have the funds to pay for a lawyer, so they just take the loss. Consumer protection should be handled actively by the FTC or some other reinvigorated federal agency. Congress must act to make that happen, but these days, don't hold your breath. Thanks for your consideration of the views expressed in this ThinkTech commentary. Aloha.