Consumer Law

The Connecticut Lemon Law - When Your New vehicle Goes Sour

Format: Print Length Language: English Format: PDF / Kindle / ePub Size: 6.64 MB Downloadable formats: PDF With a sales tax permit, you’ll need to charge your customers sales tax on the tangible goods you sell them, then remit those taxes to the state, filing state returns. Certain exempt entities must have a valid affidavit of exemption on file prior to operating in Florida. The TCPA is the primary law in the United States governing the conduct of telephone solicitations, i.e., telemarketing. The buyback certificate of title shall be assigned upon transfer of the buyback, for use as evidence of ownership of the buyback and is transferable to any person. [...]

Consumer Bankruptcy Law And Practice & Special Guide to the

Format: Paperback Language: English Format: PDF / Kindle / ePub Size: 14.51 MB Downloadable formats: PDF He has taught advanced bankruptcy law at the Rutgers University School of Law – Camden, business law at Widener University and bankruptcy law at Pierce Junior College, Philadelphia. There, you will get advice on what to do next. 3)Recurring to the law: if the Procon could not intermediate an agreement between the consumer and the provider, then the consumer will have to recur to the Justice. If the provider or health plan does not agree to make your requested corrections, they must notify you in writing and tell you why your request was denied. [...]

The Idaho Lemon Law - When Your New Vehicle Goes Sour (Lemon

Format: Print Length Language: English Format: PDF / Kindle / ePub Size: 7.54 MB Downloadable formats: PDF Yes, “common property” is usually found by couples co-owning a house. Division 2 — Direct Sales, Future Performance and Time Share Contracts 19 A direct sales contract, future performance contract or time share contract must contain the following information: (a) the supplier's name and, if different, the name under which the supplier carries on business; (b) the supplier's business address and, if different, the supplier's mailing address; (c) the supplier's telephone number and, if available, facsimile number; (d) the date on which the contract is entered into; (e) a detailed description of the goods or services to be supplied under the contract; (f) an itemized purchase price for the goods or services to be supplied under the contract; (g) other costs payable by the consumer, including taxes and shipping charges; (h) if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges; (i) a detailed statement of the terms of payment; (j) the total price under the contract, including the total cost of credit; (k) if applicable, a description and dollar value of any trade-in; (l) if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit]; (m) a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any; (n) any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services; (o) any other prescribed information. 20 (1) In addition to the information required under section 19, a direct sales contract must contain (a) the name, in a readable form, of the individual who signs the contract on behalf of the supplier, (b) the place where the contract is entered into, and (i) the individual who signs the contract on behalf of the supplier, (2) Despite section 23 (3) [future performance contract], if that section applies, a supplier must give a copy of the direct sales contract to the consumer at the time the contract is entered into. (a) the supplier does not give to the consumer a copy of the contract at the time the contract is entered into, or (b) the supplier requires the consumer to make a down payment in excess of the prescribed amount. 21 (1) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (2) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if one or more of the following applies: (b) at the time the contract was made, the supplier was under a direct sales prohibition order; (c) the goods or services to be supplied under the contract are not supplied to the consumer within 30 days of the supply date. (3) The consumer is not entitled to cancel the contract under subsection (2) (c) if the consumer accepts delivery of the goods or services after the end of the 30-day period described in that subsection. (4) Despite section 15 (2) [assignee's obligations], if a consumer cancels a direct sales contract under this section, the supplier, within 15 days after the notice of cancellation has been given, must return to the consumer any trade-in received under a trade-in arrangement, or an amount equal to the trade-in allowance. (5) Despite section 28 (1) [return of goods by consumer on cancellation], if a consumer cancels a direct sales contract under this section, the consumer may retain possession of the goods delivered to the consumer (a) until all money paid by the consumer is refunded, and (b) in the case of a trade-in arrangement, until either (i) the supplier returns to the consumer, in substantially the same condition as when the supplier received them, the goods delivered by the consumer under the trade-in arrangement, or (ii) an amount equal to the trade-in allowance is paid to the consumer. (6) If a trade-in or an amount equal to the trade-in allowance is not returned to the consumer as required under subsection (4), the consumer may recover from the supplier as a debt due an amount equal to the trade-in allowance. (7) If a consumer receives an amount equal to the trade-in allowance, the title of the consumer in respect of the goods delivered by the consumer under the trade-in arrangement, if the title had not already passed from the consumer, vests in the person entitled to them under the trade-in arrangement. 22 If credit is extended or arranged by the supplier in respect of a direct sales contract, (a) the credit agreement, as defined in section 57 [definitions], is conditional on the direct sales contract, whether or not the credit agreement is a part of or attached to the direct sales contract, and (b) if the direct sales contract is cancelled under section 21, the credit agreement is cancelled. 23 (1) This section does not apply to a future performance contract that is a preneed cemetery or funeral services contract. (2) In addition to the information required under section 19 [required contents of contract], a future performance contract must contain the following information: (b) the date on which the supply of the goods or services will be complete; (c) if there are periodic payments under the contract, the amount of each of the periodic payments. (3) A supplier must give a copy of the future performance contract to the consumer within 15 days after the contract is entered into. (a) the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person, and (b) the earning of the rebate, discount or other value is contingent on the occurrence of an event after the time the consumer agrees to buy. 24 (1) In addition to the information required under sections 19 and 23 (2) [required contents of contract], a continuing services contract that provides for a supplier supplying services by reference to a number of hours or a number of sessions must state the period of time, in months, over which the consumer can reasonably expect to receive the services. (2) The period of time referred to in subsection (1) must not exceed 24 months. (3) A continuing services contract must not be for a duration, including the cumulative total of all options and rights to extend or renew the contract, of more than 2 years. (4) Despite subsection (3), a continuing services contract may provide for the consumer renewing the contract by consenting in writing within one month of the expiry of the contract. (5) For the purpose of subsection (3), all continuing services contracts, except a contract renewed under subsection (4), that (a) are in effect between the same supplier and the same consumer at the same time, and (b) provide for the performance of the same or similar services, whether or not services are being supplied concurrently under 2 or more of the contracts, are deemed to be one contract. (a) the contract is not binding on the consumer in respect of the period in excess of 2 years, (b) the supplier must refund to the consumer, within 15 days after receiving a request from the consumer, all money paid under the contract for the period in excess of 2 years, and (c) if the supplier does not comply with paragraph (b), the consumer may recover as a debt due all money paid under the contract for the period in excess of 2 years. (7) In an action by the consumer against the supplier where the supplier fails to comply with subsection (6) (b), the court must enter judgment against the supplier for 3 times the amount of any refund not paid within the time limited by that subsection. 25 (1) A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (a) in the circumstances of the consumer, or (b) in the services provided by the supplier. (3) A material change in the circumstances of the consumer includes, without limitation, (b) a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner or nurse practitioner, showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or (c) the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's new location. (a) when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24, (b) when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier's discontinuance of operation or substantial change in operation, or (c) when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location. (a) within 15 days after the notice of cancellation has been given, refund to the consumer, (i) in the case of a cancellation under subsection (2) (a), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier's costs, or (ii) in the case of a cancellation under subsection (2) (b), the portion determined in the prescribed manner of all cash payments made under the contract, and (b) within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract. 26 (1) Subject to subsection (2), a supplier must give a copy of the time share contract to the consumer at the time the contract is entered into. (2) Section 48 (1) [copy of distance sales contract] applies to the time share contract if the contract is also a distance sales contract. (3) A consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (4) Subject to any longer cancellation period prescribed, a consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if the contract does not contain the information required under section 19 [required contents of contract]. 27 Despite section 15 (2) [assignee's obligations], if a contract is cancelled under this Division, the supplier must refund to the consumer, (a) within 15 days after the notice of cancellation has been given, and (b) without deduction except as provided for in this Division or in the regulations, all money received in respect of the contract, whether received from the consumer or any other person. 28 (1) If a direct sales contract, future performance contract or time share contract is cancelled under this Division, the consumer must return any goods received under the contract by delivering the goods to the person named in the contract as the person to whom notice of cancellation may be given or to the business address of the supplier. (2) Subject to subsection (3), the return of the goods by the consumer under subsection (1) discharges the consumer from any obligation, in respect of the goods, arising under the contract. (3) If goods are returned by the consumer under subsection (1), the consumer is liable to the supplier for any damage to the goods caused by the failure of the consumer to take reasonable care of the goods. [...]

Consumer Bankruptcy Law and Practice

Format: Paperback Language: English Format: PDF / Kindle / ePub Size: 14.51 MB Downloadable formats: PDF If a debtor is represented by an attorney, a collector cannot communicate with the debtor unless the attorney grants permission or fails to respond to the collector's communications within a reasonable time. The lawyer should also explain how he or she would expect to be paid. J. 114 (2011), the Court ruled that both employees and officers of a corporation may be individually liable under the Consumer Fraud Act for actions taken for the company. [...]

The Other Government: The Unseen Power of Washington Lawyers

Format: Paperback Language: English Format: PDF / Kindle / ePub Size: 12.87 MB Downloadable formats: PDF Many government agencies come to the Ripoff Report for information. Unless the contract says otherwise, delivery and payment are concurrent, and both parties should be ready to perform their parts of the contract simultaneously. Fraudulent trading under IA 1986 s.213 (very rare indeed); Wrongful trading under IA 1986 s.214 (pretty rare) and applicable to directors only; Misfeasance under IA 1986 s.212, applicable to officers of the company; “Phoenix company” directors under IA 1986 s.216. [...]

Consumer law and practice

Format: Hardcover Language: English Format: PDF / Kindle / ePub Size: 6.38 MB Downloadable formats: PDF Department of Financial Institutions (“DFI”): The Arizona Department of Financial Institutions is statutorily charged with the licensing, supervision and regulation of state-chartered financial institutions and financial enterprises. Where a statute is already designed to foster litigation through an enhanced award, CPLR 901(b) acts to restrict recoveries in class actions absent statutory authorizations �. [...]

Optional Instruments of the European Union: A Definitional,

Format: Paperback Language: English Format: PDF / Kindle / ePub Size: 6.51 MB Downloadable formats: PDF S., Ch. 1023, Sec. 1 (28) delivering or distributing a solicitation in connection with a good or service that: (A) represents that the solicitation is sent on behalf of a governmental entity when it is not; or (B) resembles a governmental notice or form that represents or implies that a criminal penalty may be imposed if the recipient does not remit payment for the good or service; (29) delivering or distributing a solicitation in connection with a good or service that resembles a check or other negotiable instrument or invoice, unless the portion of the solicitation that resembles a check or other negotiable instrument or invoice includes the following notice, clearly and conspicuously printed in at least 18-point type: (30) in the production, sale, distribution, or promotion of a synthetic substance that produces and is intended to produce an effect when consumed or ingested similar to, or in excess of, the effect of a controlled substance or controlled substance analogue, as those terms are defined by Section 481.002, Health and Safety Code: (A) making a deceptive representation or designation about the synthetic substance; or (B) causing confusion or misunderstanding as to the effects the synthetic substance causes when consumed or ingested; or (31) a licensed public insurance adjuster directly or indirectly soliciting employment, as defined by Section 38.01, Penal Code, for an attorney, or a licensed public insurance adjuster entering into a contract with an insured for the primary purpose of referring the insured to an attorney without the intent to actually perform the services customarily provided by a licensed public insurance adjuster, provided that this subdivision may not be construed to prohibit a licensed public insurance adjuster from recommending a particular attorney to an insured. (c)(1) It is the intent of the legislature that in construing Subsection (a) of this section in suits brought under Section 17.47 of this subchapter the courts to the extent possible will be guided by Subsection (b) of this section and the interpretations given by the Federal Trade Commission and federal courts to Section 5(a)(1) of the Federal Trade Commission Act [15 U. [...]

Law and the Consumer (Justice in America series)

Format: Paperback Language: English Format: PDF / Kindle / ePub Size: 11.36 MB Downloadable formats: PDF These practices are often an element in predatory lending. No service fees allowed except for a one-time handling fee of $1. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code. (b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) using deceptive representations or designations of geographic origin in connection with goods or services; (5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not; (6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparaging the goods, services, or business of another by false or misleading representation of facts; (9) advertising goods or services with intent not to sell them as advertised; (10) advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity; (11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions; (12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law; (13) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service; (14) misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; (15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; (16) disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge; (17) advertising of any sale by fraudulently representing that a person is going out of business; (18) advertising, selling, or distributing a card which purports to be a prescription drug identification card issued under Section 4151.152, Insurance Code, in accordance with rules adopted by the commissioner of insurance, which offers a discount on the purchase of health care goods or services from a third party provider, and which is not evidence of insurance coverage, unless: (A) the discount is authorized under an agreement between the seller of the card and the provider of those goods and services or the discount or card is offered to members of the seller; (B) the seller does not represent that the card provides insurance coverage of any kind; and (C) the discount is not false, misleading, or deceptive; (19) using or employing a chain referral sales plan in connection with the sale or offer to sell of goods, merchandise, or anything of value, which uses the sales technique, plan, arrangement, or agreement in which the buyer or prospective buyer is offered the opportunity to purchase merchandise or goods and in connection with the purchase receives the seller's promise or representation that the buyer shall have the right to receive compensation or consideration in any form for furnishing to the seller the names of other prospective buyers if receipt of the compensation or consideration is contingent upon the occurrence of an event subsequent to the time the buyer purchases the merchandise or goods; (20) representing that a guaranty or warranty confers or involves rights or remedies which it does not have or involve, provided, however, that nothing in this subchapter shall be construed to expand the implied warranty of merchantability as defined in Sections 2.314 through 2.318 and Sections 2A.212 through 2A.216 to involve obligations in excess of those which are appropriate to the goods; (21) promoting a pyramid promotional scheme, as defined by Section 17.461; (22) representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; (23) filing suit founded upon a written contractual obligation of and signed by the defendant to pay money arising out of or based on a consumer transaction for goods, services, loans, or extensions of credit intended primarily for personal, family, household, or agricultural use in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract; provided, however, that a violation of this subsection shall not occur where it is shown by the person filing such suit that the person neither knew or had reason to know that the county in which such suit was filed was neither the county in which the defendant resides at the commencement of the suit nor the county in which the defendant in fact signed the contract; (24) failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed; (25) using the term "corporation," "incorporated," or an abbreviation of either of those terms in the name of a business entity that is not incorporated under the laws of this state or another jurisdiction; (26) selling, offering to sell, or illegally promoting an annuity contract under Chapter 22, Acts of the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil Statutes), with the intent that the annuity contract will be the subject of a salary reduction agreement, as defined by that Act, if the annuity contract is not an eligible qualified investment under that Act or is not registered with the Teacher Retirement System of Texas as required by Section 8A of that Act; (27) taking advantage of a disaster declared by the governor under Chapter 418, Government Code, by: (A) selling or leasing fuel, food, medicine, or another necessity at an exorbitant or excessive price; or (B) demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, or another necessity; Text of subdivision as added by Acts 2015, 84th Leg., R. [...]

Guidelines to South American Consumer Protection Laws

Format: Hardcover Language: English Format: PDF / Kindle / ePub Size: 10.54 MB Downloadable formats: PDF The legal definition of consumer fraud is as follows: “Consumer fraud occurs when, in the context of a business transaction, false statements of fact are made, the person making false statements knew that the statements were false when they were made, and that the other party in the transaction relied on the false statements to their detriment.” The elements of business fraud are: Sadly, business and consumer fraud have become epidemic in our society. [...]

Nutshells: Consumer Law Revision Aid and Study Guide

Format: Paperback Language: Format: PDF / Kindle / ePub Size: 12.16 MB Downloadable formats: PDF De los casos que se califican como graves, cabe destacar el siguiente: "Aquellas infracciones que se cometan en relaci�n con bienes, productos o servicios que por la temporada o las circunstancias especiales el mercado afecten los derechos de un grupo de consumidores". Securities: Securities law concerns the regulation of securities exchanges and securities\' issuance, registration, offering and trading. Amended by 129th General AssemblyFile No.31, SB 84, §1, eff. 9/30/2011. 1345.52 Title defect recision fund. [...]