Exam 33: Consumer Protection

A consumer claiming that there has been a violation of a consumer protection statute has the burden of proving that the statutory definition of "consumer" has been satisfied.

The __________ lending market makes loans to consumers who have bankruptcies,no credit history,low-to-moderate incomes,or a poor credit history.

Consumers must re-register every three years in order to stay on the National Do Not Call Registry.

The Telephone Consumer Protection Act prohibits:

What is not a correct statement concerning consumer protection legislation?

Under the Equal Credit Opportunity Act,it is unlawful to discriminate against an applicant because all or part of the applicant's income is obtained from a public assistance program.

Those who are liable for violations of consumer protection situations are persons or enterprises that regularly enter into the type of transaction in which the injured consumer was involved.

The aim of consumer protection legislation is to protect persons of limited means and limited knowledge.

Consumer protection even protects a consumer from the consumer's own negligence.

The subterranean lending market makes loans to consumers who have bankruptcies,no credit history,low-to-moderate incomes,or a poor credit history.

Consumer protection laws,which commonly regulate the form of consumer contracts,provide that back-page disclaimers are void if the front page of a contract does not call attention to the presence of the terms on the back page.

Sue Thompson received a home "cold-canvas" sales call from a representative of the Enlightened Encyclopedia Company.The salesperson,after a rather aggressive presentation,convinced Sue to order a $1,200 Deluxe Encyclopedia set for her two children.Sue was impressed with the quality of the books,but shortly after signing the contract,she realized that she could not really afford to make the required monthly payments.What rights,if any,does Sue have in this situation?

The Fair Credit Reporting Act applies only to consumer credit.

When a credit application is refused,it is sufficient that the lender give the applicant a written statement saying: "application refused."

When improper collection methods are used,it is no defense to the creditor that the improper acts were performed by an agent,an employee,or any other person acting on behalf of the creditor.

Compensatory damages:

Consumer protection law often requires those dealing with consumers to make certain mandated disclosures.

The Fair Credit Reporting Act applies to:

Peter applied for a loan at three banks.Peter's application was denied at the first two banks but finally was approved by the third institution.Peter believes that the first two banks denied his application because of his minority status.No explanation ever was provided by the banks denying Peter's request for funds.After obtaining the loan,Peter soon found himself unable to make the prescribed payments.Peter went into default,causing the bank to turn his case over to a collection agency.The collection agency called him "night and day" and were very abusive in their collection practices.Peter became quite distraught and unable to function at his job.As a result,Peter was soon fired.Peter asks for your advice regarding his legal rights.What is your response?

A consumer may waive all defenses otherwise provided for by law.