Consumer Law Flashcards by isabel arango

…………………is a very broad area of law.

Consumer law

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Mention some things you can do to Resolve merchant disputes

Contact the merchant.
Send a letter by registered mail.
File a complaint with the BBB and/or the Texas AG’s Office and send a copy to the merchant.
Mediate the dispute with a third party.
File a complaint in small claims court.
Try talking first.
Explain calmly and clearly what happened, why you are unhappy, and what resolution you would prefer.

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What does BBB stands for?

Better Business Bureau

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What does RRR mean?

Return Receipt Requeste

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I should send the originals or copies?

Send copies, not originals, of any documentation

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What is AG’s office?

The Texas State Attorney General’s office

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……………………….is a Less expensive and more effective alternative than going to court

Mediation

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For Small Claims Court you don’t need a …..

lawyer

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What does DRC mean?

Dispute Resolution Center

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a judgment is …………………….

final

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If the judgment is not paid promptly, the court can prepare an…………………………………which then becomes a…………………………….on any non-exempt real estate that the defendant owns in the country where it is files

abstract of judgment

judgment lien

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if the judgment is not final you can appeal within ………………………

ten days. (10)

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……………………………. says that if the defendant doesn’t pay, the constable must seize and sell at auction enough personal property to satisfy the judgment.

a levy of execution

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A …………………….is a guarantee that a buyer will get what s/he paid for and expected to get.

warranty

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Almost anything that is said or that is written about the product or service that the buyer relies on when s/he buys it is called an ……………….

Express Warranties

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Three Kinds of Warranties

Express Warranties
Implied Warranties
Special Statutory Warranties

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This is something the law imposes automatically. It doesn’t need to be written, spoken, or agreed upon.

Implied Warranties

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5 kinds of implied warranties

Warranty of title: buyer has right to take goods free of claim from anyone else.
Warranty of merchantability: thing is fit for the ordinary purpose for which goods of that kind are used.
Warranty of habitability: in a lease, the place must be suitable for living.
Warranty of fitness for a particular purpose: if seller knows that buyer intends to use the goods in some specific way, the goods must be fit for that purpose, too.
Warranty of good and workmanlike services: services must be rendered in a competent, effective way so that the consumer gets the service for which s/he bargained.

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…………………………. take away consumer rights that are implied.

written warranties

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……………………applies to sale of new cars

The Texas Lemon Law

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Warranties that are written into law are called

Special Statutory Warranty

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The Lemon Law says that……………..

if after a razonable number of attempts to repair the car does not correct the defect then he has to replace or accept the car menos a use fee.

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Deceptive Trade Practices Act gives consumers

a legal means against …

sellers for false, misleading, and deceptive trade practices.

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DTPA stands for

Deceptive Trade Practices Act

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DTPA come from what kind of law?

Common law

The..........................is the most powerful weapon for Texas consumers.

DTPA

If someone violates the DTPA, he may be liable for................ the damages plus...............

up to three times | the consumer’s court costs and attorney fees.

Give examples of some DTPA list or Laundry list

Passing off goods as those of another | Advertising goods or services with the intent not to sell them as advertised.

Acts of a seller that are misleading may violate the ......

DTPA

Who is protected by the DTPA?

the consumer

the....................................is any individual, partnership, corporation, or governmental entity who seeks to acquire by purchase or lease any goods, services, or real estate.

Consumer

Who is not protected by the DTPA

businesses with more than 25million in assets.

Before you file in court what do you have to do to enforce de DTPA?

give written notice to the defendant at least 60 days before you can file.

If you buy a used car “as is,” but get a service contract at the same time what statue is voided?

the "as is"

How long do you have to cancel the contract to purchase a car after you sign it?

none

A car dealer does not provide the funds for you to buy a vehicle, it is provided by..........................

a third party

Are almost all of the laws regarding the sale of vehicles the same for individuals as they are for dealers

yes

What is RIC

Retal Installment Contract

How do lenders consider your loan?

as a separate and independent transaction from the vehicle purchase

Can a car repair shop reposess your car if you stop payment on a check because the rapair was not done well?

yes

What is a TDA

Temporary Delivery Agreement

....................is the right of a seller, bank, or finance company to take back possession of an item after a buyer fails to timely pay an obligation for the item.

Repossession

............................is synonymous with disorderly conduct

Breach of the Peace

If a consumer misses a payment, the creditor has the right to take possession of the collateral without going to court?

yes

If the debtor can prove that the creditor breached the peace, could the debtor be able to invalidate the repossession?

yes

The debtor may “redeem” the repossession by ............

tendering the entire balance due, plus repo charges, attorney fees, and other foreclosure costs

Do you have to be notified before repossession?

Do I still owe money after repo?

yes

....................................... states that you may not be denied credit on the basis of gender, marital status, race, or age.

The Equal Credit Opportunity Act

If you are denied credit, the......................... requires that a business give you notice of the reason for the denial of credit.

Fair Credit Reporting Act

What does the Unlawful Collection Practices do?

Harassing or abusive conduct Threats of violence or imprisonment Repeated calls or failure to ID agency Profanity

Time the credit or collection agencies can contact you

not before 8AM or after 9 PM

What do I have to do if a debt collector sues?

You must file an answer to prevent default judgment.

Can they take money from my bank account if they get judgment?

yes

Is there garnishment for consumer debt?

no, only for IRS, child support and student loans

Can an independent contractor be garnished?

The ..........................agrees on a date for the debit or cashing of check.

payday lender

Under Texas law, payday loans can have interest rates over ..................and still be lawful.

500%

Kinds of Insurance

Property: covers risk of loss to property Reimburses for value of stolen or damaged property Liability: covers damages you cause to another’s property.

What is PIP

Personal Injury Protection

What does PIP covers?

you and household members, as well as authorized drivers/passengers, for injuries sustained in an accident, regardless of fault.

TX requires ................ to be included in all policies

PIP

Where is UM included?

in auto insurances

What is UM

Uninsured/Underinsured Motorist

Can UM be waived?

yes

The duty of............... arises out of the contract of insurance between the insured and the insurance carrier.

bad faith

What do you do about bad faith?

you are entitled to pursue both a breach of contract action and a tort action

In Texas, who presides over our small claims courts

The justice of peace

What is the dollar limit for these small claims courts?

$10,000

If you prevail in small claims court, you must wait .................days before a demand can be made for the defendant to pay the judgment.

If it isn’t paid promptly, then what do you request from the court?

An abstract of judgment

If I promise to give you $50 next Saturday and you agree, do we have an enforceable contract?

Name the four categories of contracts that are required to be in writing under the statute of frauds:

for the sale of land For the sale of goods of $500 dollar value or more For contracts that can’t be performed in a year For contract to pay the debt of another person

If I contract with someone and I later discover that she is only 17, can I void the contract because she didn’t have the capacity to contract?

If I sue for breach of contract, and the conduct of the breaching party is egregious, can I get punitive damages?

Name the three categories of warranties in Texas:

Expressed warranty Implied warranty Special Statutory warranty

Does the Texas Lemon Law generally apply to used cars?

What determines whether a landlord can enter my apartment if I am current on my rent?

It depends on what is written in the lease contract

Can my landlord come into my apartment, take my TV, and sell it if I don’t pay my rent?

yes

Why can’t someone garnish an independent contractor’s wages?

Because an independent contractor doesn’t receive a salary that can be garnished.

What can I do to get a debt collector to stop calling me at work?

Tell him you are not allowed to receive calls at work and to stop contacting you

If I don’t respond to a debt collection lawsuit, can they go into my bank account and take out the money I owe them?

yes

I was told that we don’t have wage garnishment in Texas, but I owe back taxes and the IRS is going to garnish wages. Is that legal in Texas?

If they get a judgment yes

My payday loan has a 400% interest rate. Is that legal under Texas usury laws?

yes

My doctor’s office violated my privacy rights under HIPAA. In which court should I file a lawsuit?

You don’t have the right to sue. The most you can do is to file a complaint with the HHS office of Civil Rights.

what knd of damages can you seek resulting from bad faith?

lost wages and emotional distress.