Consumer Law Flashcards
…………………is a very broad area of law.
Consumer law
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.
What does BBB stands for?
Better Business Bureau
What does RRR mean?
Return Receipt Requeste
I should send the originals or copies?
Send copies, not originals, of any documentation
What is AG’s office?
The Texas State Attorney General’s office
……………………….is a Less expensive and more effective alternative than going to court
Mediation
For Small Claims Court you don’t need a …..
lawyer
What does DRC mean?
Dispute Resolution Center
a judgment is …………………….
final
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
if the judgment is not final you can appeal within ………………………
ten days. (10)
……………………………. 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
A …………………….is a guarantee that a buyer will get what s/he paid for and expected to get.
warranty
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
Three Kinds of Warranties
Express Warranties
Implied Warranties
Special Statutory Warranties
This is something the law imposes automatically. It doesn’t need to be written, spoken, or agreed upon.
Implied Warranties
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.
…………………………. take away consumer rights that are implied.
written warranties
……………………applies to sale of new cars
The Texas Lemon Law
Warranties that are written into law are called
Special Statutory Warranty
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.
Deceptive Trade Practices Act gives consumers
a legal means against …
sellers for false, misleading, and deceptive trade practices.
DTPA stands for
Deceptive Trade Practices Act
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?
no
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?
no
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.
10
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?
No
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?
No
If I sue for breach of contract, and the conduct of the breaching party is egregious, can I get punitive damages?
No
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?
No
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.
