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Consumer Law for Bar > CL CT for Bar > Flashcards

CL CT for Bar Flashcards

1
Q

(hook: judges are lawyers who construe law, and protect DMFs from self, can’t waive)

How should the DTPA be construed?

A

Lawyers Protect Dumb M-Fer who Can’t Waive

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2
Q

How should the DTPA be construed?

Lawyers Protect Dumb M-Fer who Can’t Waive

A

Liberally construe, Protect consumers against, Deceptive, Misleading, False business practices, generally Cannot be Waived

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3
Q

(hook: palm tree sap and sappy LSG, make for a proper party)

Who is a proper party under the DTPA?

A

C-SAP-LSG-No Biz 25 Mill

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4
Q

Who is a proper party under the DTPA?

C-SAP-LSG-No Biz 25 Mill

A

only Consumer is a proper plaintiff in DTPA action, consumer is any entity that Seeks or Acquires by Purchase or Lease any Services or Goods, Not a Business w/ assets of $25M or more

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5
Q

(hook: biz balling need NAP w/o know PI Pro)

What are the exceptions to DTPA liability?

A

Biz is Large NAP w/o Know Pro PI

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6
Q

What are the exceptions to DTPA liability?

Biz is Large NAP w/o Know Pro PI

A

Business consumers, Large transactions (not for homes; $100k + if consumer had atty + signed K; $500k+), Newspaper Advertisements Published W/O Knowledge, Professional services, Personal Injury (but not really)

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7
Q

(hook: enjoy essence, office party)

Explain the professional service exemption to DTPA.

A

E-JAO + UMM Fussy Drunks Insisted

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8
Q

Explain the professional service exemption to DTPA.

E-JAO

UMM Fussy Drunks Insisted

A

Essence of professional service is providing, Judgment, Advice, Opinion, or similar professional skill

Unconscionable action, Material Misrepresentation, or Failure to Disclose Information, can’t be characterized as JAO

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9
Q

(hook: new artists pee + produce laundry, CDs + mixtapes)

What 4 claims are available under the DTPA?

A

DMFer on Pee on Laundry + CDR

WU ChIC 541 Produce ED MA

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10
Q

What 4 claims are available under the DTPA?

DMFer Pee on Laundry + CDR

WU ChIC 541 Produce ED MA

A

Deceptive, Misleading, or False Practice on Laundry list, Consumer Detrimentally Relied

Warranty breached (express or implied), Chapter 541 Insurance Code, acts must be a Producing cause, Economic Damages, or Mental Anguish

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11
Q

(hook: large laundry list, including cars, sports, flowers)

In general what types of acts are on the laundry list?

A

GM, Major League Rugby, FTD

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12
Q

In general what types of acts are on the laundry list?

GM, Major League Rugby, FTD

A

General Misrepresentations, Misrepresentations about Legal Rights, Failure To Disclose

*note: there is no requirement for knowledge or intent unless DTPA requires it

*note: consumer must rely on it to the consumer’s detriment

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13
Q

(hook: Kanye is unconscionable, so Bey (who acts and practices) and Jay made APeshit CD of Talking ACEd GUD music @ Transaction

What is the definition of DTPA unconscionability?

A

A/P CD TALK ACE GUD @ Transaction

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14
Q

What is the definition of DTPA unconscionability?

A/P CD TALK ACE GUD @ Transaction

A

Act or Practice, to the Consumer’s Detriment, Takes Advantage of Lack of Knowledge, Ability, Capacity, or Experience to Grossly Unfair Degree @ time of Transaction

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15
Q

hook: Kerry Washington is a Warranty, HUCC-SICL is Gladiator Work Product

Give examples of implied warranties that may give rise to a DTPA action

A

HUCC SICL GWP

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16
Q

Give examples of implied warranties that may give rise to a DTPA action:

HUCC SICL GWP

A

implied warranty of Habitability, UCC warranties, implied warranty of Suitability In Commercial Leaseholds, implied warranty of Good & Workmanlike Performance

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17
Q

hook: negative pc vs mac sol

What defenses are available in a DTPA action?

A

Negation of PC-MAC-SOL

18
Q

What defenses are available in a DTPA action?

Negation of PC-MAC-SOL

A

Negation of Producing Cause, Mediation/Arbitration Clause, Statute Of Limitations

19
Q

hook: businesses use trade credit and software

What is required before filing a DTPA suit?

A

Net-60 CAD DOS - AF Sep - R of RO limits R

20
Q

What is required before filing a DTPA suit?

Net-60 CAD DOS - AF Sep - R of RO limits R

A

Notice to defendant must be given 60 days before suit is filed, Complaint, Attorney fees, & Damages, Defendant can Offer Settlement, Attorney Fee Separate

*note: Rejection of Reasonable Offer Limits Recovery

21
Q

hook: medical conditions cause and produce symptoms, cleft palate, saline, PID

What is producing cause?

A

EEC NS PID

22
Q

What is producing cause?

EEC NS PID

A

Efficient, Exciting, or Contributing cause, which in Natural Sequence, Produced Injuries or Damages

*note = a producing cause is a substantial factor which brings about the injury & w/o which the injury would not have occurred

23
Q

hook: ed & ted kiss ass can be damaging

What damages are available in a DTPA action?

A

ED Kiss More Ass TED Too TEMAD

24
Q

What damages are available in a DTPA action?

ED Kiss More Ass TED Too TEMAD

A

Economic Damages, if prove Knowingly get Mental Anguish plus up to Treble Economic Damages, if prove intentionally get Treble Total of Economic & Mental Anguish Damages

25
Q

hook: computer and physics geeks in HS have Mental Pain + Distress

What is the mental anguishes standard of proof?

A

SDDR HD Memory in Public Domain is more than mere Amp WAVE

26
Q

What is the mental anguishes standard of proof?

SDDR HD Memory Public Domain is more than mere Amp WAVE

A

Substantial Disruption in Daily Routine, or High Degree of Mental Pain and Distress, more than mere Anger, Worry, Anxiety, Vexation, or Embarrassment

27
Q

hook: friends wish friends good luck and recover high attys fees + female attys aren’t solely harassed

When can defendants recover attorneys’ fees under DTPA?

A

Good Luck Best Friend go So High

28
Q

When can defendants recover attorneys’ fees under DTPA?

Good Luck Best Friend go So High

A

only if court finds the claim to be GroundLess, or brought in Bad Faith, or Soley for the purpose of Harassment

29
Q

hook: janet “anytime, anyplace” has atty b/c she work

Under federal debt collection law, what communications are prohibited w/debtor?

A

T&P Attorney Work

30
Q

Under federal debt collection law, what communications are prohibited w/debtor?

T&P Attorney Work

A

Time & Place restrictions (not before 8am or after 9pm or when inconvenient), if rep by Attorney can’t talk to them, can’t call Work when told employer prohibits such calls

*note: can only call 3rd party to get location information on the consumer

31
Q

hook: haha @ stock market predictability, stocks federally regulated

Under federal debt collection law, what conduct is prohibited?

A

HA Gen FMR UUP

32
Q

Under federal debt collection law, what conduct is prohibited?

HA Gen FMR UUP

A

Harassment or Abuse Generally, False or Misleading Representations & Unfair or Unconscionable Practices

33
Q

hook: year 1 jeopardy gets sued in federal court, actual & punitive for 1k

What are the remedies for federal debt collection violations?

A

COA 1Yr SOL A&P up to 1k

34
Q

What are the remedies for federal debt collection violations?

COA 1Yr SOL A&P up to 1k

A

private Cause Of Action, 1 Year Statute Of Limitations, Actual and Punitive damages up to $1k

*note: defendant standard to recover attys fees: brought in bad faith and for purpose of harassment

35
Q

hook: TC isn’t an out of work actor

What conduct violates Texas Debt Collection Act?

A

TC is HAM who DUUCked getting Fired

36
Q

What conduct violates Texas Debt Collection Act?

TC is HAM who DUUCked getting Fired

A

Threats or Coercion, Harassment & Abuse, Misleading representations, Deceptive representations, Unfair or Unconscionable Conduct, Fraudulent representations

*note: wrongful debt collection is a tort in TX

37
Q

hook: missy & remi are rad af, and they collect

What are the penalties for the Texas debt collection act?

A

Missy 100-500 Civil Remi IRAD AF

38
Q

What are the penalties for the Texas debt collection act?

Missy 100-500 Civil Remi IRAD AF

A

criminal Misdemeanor penalties 100-500 per violation, Civil Remedies: Injunctive Relief, Actual Damages, Attorney Fees

*note: in very limited circumstances, they can recover under DTPA as a tie-in

39
Q

hook: mighty fighters attack pain and condition, doctor chiropractic, as directed, vitamins … insurance companies fight chiropractors and treatment

What are the most common violations of Insurance Code ch. 541?

A

M-FAPC DC UD USP

40
Q

What are the most common violations of Insurance Code ch. 541?

M-FAPC DC UD USP

A

Misrepresentations & False Advertising of Policy Contracts, Defamation of a Competitor, Unfair Discrimination, Unfair Settlement Practices

*note: USP means failing to attempt in good faith to effectuate a prompt, fair & equitable settlement of a claim once liability has become reasonably clear

41
Q

hook: RRAR UFc PPV

What conduct violates the unfair claim settlement practices act?

A

R 15 P

R 30 S

AR 15 R

U AR 45

Fail AR Penalty

Prompt Pay

Violation -> Stat Penalty of Interest, plus AF

42
Q

What conduct violates the unfair claim settlement practices act?

RRAR UFc PPV

A

R 15 P = insurer must Respond w/in 15 days if they are the Primary insurer

R 30 S = insurer must Respond w/in 30 days if they are Surplus insurer

AR 15 R = must Accept or Reject claim w/in 15 days of Response

U AR 45 = if Unable to Accept or Reject may extend up to 45 days

Fail AR Penalty = Failure to Accept or Reject will subject insurer to Penalty

Prompt Pay = Payment of claims must be Prompt after acceptance

Violation -> Stat Penalty of Interest, plus AF = Violation results in a Statutory Penalty of Interest, plus Attorneys Fees

Consumer Law for Bar (1 decks)

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