Consumer Privacy

Laura Zdan

Ms. Bebbington

English IVE

22 March 2005

Consumer Privacy

"The right to be let alone is indeed the beginning of all freedom."("Privacy Quotes and Quotations") The right to privacy and protection from the government becoming a Big Brother type character is a right that is greatly underappreciated by the people of the United States. However, as a consumer, the right to privacy of information and protection from outside sources is one which is not utilized to its full potential, and consequently consumers are being violated by companies and not taking any action. "Consumers...have been so beaten down by diminishing expectations that they rarely bother to raise a hue and cry." (Frank Bruni and Elinor Burkett) Most of the public may believe that they are lost and helpless in being taken advantage of by companies, which is simply not the case. "The power is in our hands as consumers to change what is acceptable that a retailer or a service person or a manufacturer does to us" (Elinor Burkett). There are many ways which consumers can prevent companies and the government from infringing upon their rights and violating their right to privacy. In addition to consumers protecting their right through existing means, many actions and programs should be implemented to help consumers. Despite the fact that companies claim that consumers may intentionally or unintentionally scam their businesses, the federal government should protect consumers and allow them to keep their privacy with enactment of new legislation and programs to be set forth by Congress, recognizing and taking action on old legislation and programs, allocating consumers to be educated in their rights, permitting the public to utilize existent laws, and authorizing consumers to take legal action in order to maintain their right to privacy.

Many companies argue that although consumers have been violated by companies, the businesses have been violated by the consumers as well and that the right to privacy is nonexistent. Glenn Suden, the president of the Society of Consumer Affairs Professionals in business stated that, "We want to get more companies to focus on consumer relations as a priority. We're finding the consumers are more aggressive in demanding their rights" However, he also states that the consumer in to a business relationship is in good health until the customers start pulling scams. For instance, businesses have been violated by the consumers in instances such when woman have worn dresses for one night and then returned them the next day and larger, more difficult problems such as filling false insurance claim. (Precker C1) Companies have also argued that the right to privacy is a right which is entirely made up by Americans and not directly given to the people in the Constitution, which would make the argument of consumers completely irrelevant. However, the Supreme Court, the body whose job is to interpret the Constitution, has concluded that there is indeed a right to privacy, but the idea is shadowed through many of the Amendments as opposed to stated clearly. For example, the right of protection against unreasonable search and seizure is clearly stated in the fourth amendment. However, if this right were to be violated, the government would unrightfully go through belongings without reasonable cause, and a citizen's privacy has been taken away from him (Fenster). Many consumers to not have the knowledge or means of protecting their privacy as consumers, and allowing Congress to implement new programs through new legislation as well as improving and utilizing upon already existent programs is the route for the nation to take.

Consumer education should be taught in schools and established as part of the curriculum by Congress so that the education can be utilized later in adulthood and the consumer can get the most for their money. Many consumers are clueless when it comes to companies wanting their information and how it could potentially harm them. For instance, Adelaide Andrew had given the information of her name, Social Security Number, and address for medical files. An employee at the medical facility took her information and opened up credit lines worth $10,000, rented apartments, signed up for utilities, and earned income in her name. The question of why the credit bureaus don't do a better job of repairing damages once the rights of the consumer have been infringed upon. Regrettably, the credit bureaus work for the lenders and not for the consumers; the lenders are not paid to protect the consumers ("Are you a target for identity theft?"). Due to factors such as these, it is vital for consumers to know what information they must give in certain situations, what rights they have, and how to take actions in such situations. One of the programs instituted by the federal government, which is virtually unknown, is national Consumer Protection Week. National Consumer Protection Week was instituted by the federal government at the beginning of the millennium with the goal of helping Americans learn more about securing their personal information and preserving their privacy. Bodies involved in protecting consumers include the Federal Trade Commission, National Association of Consumer Agency Administrators, Consumer Federation of America, and the Federal Consumer Information Center. As President George W. Bush said, "An educated consumer is a confident consumer; and it is confident consumers who drive the economy of our Nation." The president emphasized that consumer education is the most important factor and should be the first action taken in any situation. National Consumer Protection Week has been successful in the past by achieving its goal, but not in getting the message to the overall public (Bush). This informational week also gives recognition to organizations which can help consumers year-round, such as the Privacy Rights Clearinghouse (PRC). PRC is a nonprofit consumer organization with the mission of informing and supporting consumers. Services provided by PRC are a hotline to report abuses of consumer privacy and request information, supplying extensive fact sheets, a website, assistance and interviews for journalists, a referral service for policymakers and journalists, and speaker's service for presentations ("PRC Mission and Goals"). Through expanding these already existent programs, consumers can have greater protection of their right of privacy. By using laws which are preexisting, consumers can even further their cause.

Laws derived from the Constitution, legislation, and common law is currently instated to protect consumers,