Unfortunately many of the laws created in the name of "consumer protection" do little to protect anything but the entrenched interests that lobbied for the laws.
Unfortunately many of the laws created in the name of "consumer protection" do little to protect anything but the entrenched interests that lobbied for the laws.
EDIT: Grammar.
With a mining company non-compliance could poison water supplies and sicken/kill people. With Uber (and a lot of the sharing companies) they can cheat workers out of the protections they would normally receive with a job.
On the other side with Tesla, selling directly to consumers doesn't hurt consumers at all, but it does create a slightly uneven playing field with incumbent manufacturers who have to sell through dealerships. With Uber, customers tend to get a better service but it creates an unfair playing field with taxi companies, who have to pay an enormous amount of money for medallions while adhering to tightly regulated fares.
From the government's standpoint, there's usually some amount of discretion in enforcement of the law. Laws that protect people from harm should be pursued more vigorously than laws that maybe protect old business models more than they protect actual consumers.
There is no need to have a perfect system for handling all situations with bad laws and which should be broken.
Humans have brains, we should use them to determine that question for ourselves.
If it was that easy, wouldn't we have made and edited the laws already to align to that?
Using Uber as an example, what they do is they just move into a new markets regardless of the current regulations.
Most of the time, the regulators are extremely slow to act, and by the time they get around to acting, Uber has already won the hearts and minds of consumers.
And then the regulators try to act against Uber, until there is massive push back from consumers. This massive push back ends up scaring the regulators into changing the law in Uber's favor, and Uber never ends up being regulated, even though they blatantly broke the law in the first place.
And BAM, Uber wins in the vast majority of situations.
This strategy only works though because the laws are bad in the first place, and Uber is making the industry a much better place for consumers.
It's very difficult to find the right balance between equity and flexibility.