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Paralegal > Consumer Law > Flashcards

Consumer Law Flashcards

1
Q

…………………is a very broad area of law.

A

Consumer law

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2
Q

Mention some things you can do to Resolve merchant disputes

A

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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3
Q

What does BBB stands for?

A

Better Business Bureau

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4
Q

What does RRR mean?

A

Return Receipt Requeste

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5
Q

I should send the originals or copies?

A

Send copies, not originals, of any documentation

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6
Q

What is AG’s office?

A

The Texas State Attorney General’s office

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7
Q

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

A

Mediation

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8
Q

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

A

lawyer

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9
Q

What does DRC mean?

A

Dispute Resolution Center

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10
Q

a judgment is …………………….

A

final

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11
Q

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

A

abstract of judgment

judgment lien

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12
Q

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

A

ten days. (10)

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13
Q

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

A

a levy of execution

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14
Q

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

A

warranty

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15
Q

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 ……………….

A

Express Warranties

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16
Q

Three Kinds of Warranties

A

Express Warranties
Implied Warranties
Special Statutory Warranties

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17
Q

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

A

Implied Warranties

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18
Q

5 kinds of implied warranties

A

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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19
Q

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

A

written warranties

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20
Q

……………………applies to sale of new cars

A

The Texas Lemon Law

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21
Q

Warranties that are written into law are called

A

Special Statutory Warranty

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22
Q

The Lemon Law says that……………..

A

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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23
Q

Deceptive Trade Practices Act gives consumers

a legal means against …

A

sellers for false, misleading, and deceptive trade practices.

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24
Q

DTPA stands for

A

Deceptive Trade Practices Act

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25
Q

DTPA come from what kind of law?

A

Common law

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26
Q

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

A

DTPA

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27
Q

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

A

up to three times

the consumer’s court costs and attorney fees.

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28
Q

Give examples of some DTPA list or Laundry list

A

Passing off goods as those of another

Advertising goods or services with the intent not to sell them as advertised.

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29
Q

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

A

DTPA

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30
Q

Who is protected by the DTPA?

A

the consumer

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31
Q

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

A

Consumer

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32
Q

Who is not protected by the DTPA

A

businesses with more than 25million in assets.

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33
Q

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

A

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

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34
Q

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

A

the “as is”

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35
Q

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

A

none

36
Q

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

A

a third party

37
Q

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

A

yes

38
Q

What is RIC

A

Retal Installment Contract

39
Q

How do lenders consider your loan?

A

as a separate and independent transaction from the vehicle purchase

40
Q

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

A

yes

41
Q

What is a TDA

A

Temporary Delivery Agreement

42
Q

………………..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.

A

Repossession

43
Q

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

A

Breach of the Peace

44
Q

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

A

yes

45
Q

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

A

yes

46
Q

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

A

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

47
Q

Do you have to be notified before repossession?

A

no

48
Q

Do I still owe money after repo?

A

yes

49
Q

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

A

The Equal Credit Opportunity Act

50
Q

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

A

Fair Credit Reporting Act

51
Q

What does the Unlawful Collection Practices do?

A

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

52
Q

Time the credit or collection agencies can contact you

A

not before 8AM or after 9 PM

53
Q

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

A

You must file an answer to prevent default judgment.

54
Q

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

A

yes

55
Q

Is there garnishment for consumer debt?

A

no, only for IRS, child support and student loans

56
Q

Can an independent contractor be garnished?

A

no

57
Q

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

A

payday lender

58
Q

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

A

500%

59
Q

Kinds of Insurance

A

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

60
Q

What is PIP

A

Personal Injury Protection

61
Q

What does PIP covers?

A

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

62
Q

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

A

PIP

63
Q

Where is UM included?

A

in auto insurances

64
Q

What is UM

A

Uninsured/Underinsured Motorist

65
Q

Can UM be waived?

A

yes

66
Q

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

A

bad faith

67
Q

What do you do about bad faith?

A

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

68
Q

In Texas, who presides over our small claims courts

A

The justice of peace

69
Q

What is the dollar limit for these small claims courts?

A

$10,000

70
Q

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

A

10

71
Q

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

A

An abstract of judgment

72
Q

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

A

No

73
Q

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

A

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

74
Q

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?

A

No

75
Q

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

A

No

76
Q

Name the three categories of warranties in Texas:

A

Expressed warranty
Implied warranty
Special Statutory warranty

77
Q

Does the Texas Lemon Law generally apply to used cars?

A

No

78
Q

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

A

It depends on what is written in the lease contract

79
Q

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

A

yes

80
Q

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

A

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

81
Q

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

A

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

82
Q

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?

A

yes

83
Q

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?

A

If they get a judgment yes

84
Q

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

A

yes

85
Q

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

A

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.

86
Q

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

A

lost wages and emotional distress.

Paralegal (25 decks)

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