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Anderson's Ohio Consumer Law is ideal resource for lawyers, lenders, collectors, sellers and consumer advocates. Designed to capture the most important elements of consumer law, this convenient desk reference contains federal and state consumer statutes as well as extensive treatment of common law doctrines that are frequently invoked in consumer disputes. Plus, unlike many consumer law books, this one includes substantial coverage of both warranty law under Article 2 of the Uniform Commercial Code and the law of products liability, which are both critically important to consumers.
The 2022 edition ISBN is 9781663337146.eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Table of contents
Dedication
Acknowledgments
Preface
CHAPTER 1 INTRODUCTION
§ 1.01 What Is “Consumer Law”
§ 1.02 Scope: Legislation and Statutes Affecting Consumers
CHAPTER 2 PRE-CONTRACT CONDUCT OF THE SELLER
THE COMMON LAW
§ 2.01 Common Law Liability
§ 2.02 Deceit
§ 2.03 Representation of Fact
§ 2.04 Fraudulent Concealment
§ 2.05 Materiality
§ 2.06 Falsity
§ 2.07 Knowledge of Falsity
§ 2.08 Constructive Fraud
§ 2.09 Justifiable Reliance
§ 2.10 Non-disclosure
§ 2.11 Damages for Deceit
§ 2.12 Punitive Damages and Attorney’s Fees
§ 2.13 Negligent Misrepresentation
§ 2.14 Innocent Misrepresentation
§ 2.15 Mutual Mistake
PRE-CONTRACT CONDUCT AND UNCONSCIONABILITY
§ 2.16 Concept of Unconscionability
§ 2.17 Substantive and Procedural Unconscionability
§ 2.18 Procedural Unconscionability
§ 2.19 Substantive Unconscionability
§ 2.20 Reluctance to Invalidate
CHAPTER 3 THE OHIO CONSUMER SALES PRACTICES ACT
§ 3.01 The Pre-contract Conduct of a Seller
§ 3.02 Scope and Coverage of the Consumer Sales Practices Act
§ 3.03 Consumer Transaction
§ 3.04 Real Property
§ 3.05 Statutory Exemptions—Generally
§ 3.06 Statutory Exemptions—Transactions With Financial Institutions
§ 3.07 Statutory Exemptions—Others
§ 3.08 “Supplier”
§ 3.09 Privity
§ 3.10 Unfair or Deceptive Practices
§ 3.11 Intent to Deceive
§ 3.12 Reliance
§ 3.13 Specific Violations/The CSPA and Warranty Law
§ 3.14 Regulations Governing Unfair or Deceptive Practices
§ 3.15 Incorporation of Other Statutes and Regulations Dealing with Deception or Unfairness
§ 3.16 The Federal Trade Commission Act
§ 3.17 Ohio Statutes—Express Incorporation
§ 3.18 Other Statutes—Incorporation for Reasons of Policy
§ 3.19 Other Significant Applications of § 1345.02
§ 3.20 Unconscionability
§ 3.21 Knowledge
§ 3.22 Specific Unconscionable Acts
§ 3.23 Other Kinds of Unconscionable Conduct
§ 3.24 Miscellaneous Provisions
§ 3.25 Remedies Under the CSPA
§ 3.26 Actual Damages
§ 3.27 Rescission
§ 3.28 Statutory and Treble Damages/Class Action Certification
§ 3.29 Other Relief
§ 3.30 The Right to Cure
§ 3.31 Attorney Fees
§ 3.32 Amount of Attorney Fees
§ 3.33 The Statute of Limitations
CHAPTER 4 HOME SOLICITATION SALES ACT
§ 4.01 Comparison with the Federal Trade Commission Rule
§ 4.02 Scope of the Home Solicitation Sales Act (HSSA)
§ 4.03 Exclusions From the Definition of a “Home Solicitation Sale”
§ 4.04 Business Establishment at a Fixed Location
§ 4.05 Other Exceptions
§ 4.06 Consumer Goods and Services
§ 4.07 The Buyer’s Right to Cancel
§ 4.08 The Seller’s Disclosure Requirements—General
§ 4.09 The Seller’s Disclosure Requirements—Specific Requirements
§ 4.10 Prohibitions
§ 4.11 Remedies of the Buyer
CHAPTER 5 PREPAID ENTERTAINMENT CONTRACT ACT
§ 5.01 Prepaid Entertainment Contracts Protections
§ 5.02 Scope of the Act
§ 5.03 Mandatory Provisions and Prohibitions
§ 5.04 Death, Disability, and Relocation
§ 5.05 Facilities Not Open at the Time of the Contract
§ 5.06 The Buyer’s Right to Cancel
§ 5.07 Consumer’s Obligations
§ 5.08 Remedies
CHAPTER 6 ODOMETER FRAUD
§ 6.01 Odometer Rollbacks
§ 6.02 The Motor Vehicle Information and Cost Savings Act
§ 6.03 The Ohio Odometer Rollback and Disclosure Act
§ 6.04 Coverage and Prohibitions
§ 6.05 Remedies and Enforcement
CHAPTER 7 CONSUMER CREDIT INFORMATION ABOUT CREDIT TERMS
INTRODUCTION
§ 7.01 Introduction to the Regulation of Information Provided to Consumers
THE TRUTH IN LENDING ACT
§ 7.02 Purpose of the Truth-in-Lending Act
§ 7.03 Scope and Coverage of the Act
§ 7.04 Exempt Transactions
§ 7.05 Finance Charge
§ 7.06 Examples of Finance Charges
§ 7.07 Insurance
§ 7.08 Assignment of an Obligation
§ 7.09 Cash Discounts and Surcharges
§ 7.10 Third Party Charges
§ 7.11 Comparable Cash Transaction
§ 7.12 “Buried” Finance Charge
§ 7.13 “Payday” Loans
§ 7.14 Charges Excluded from the Finance Charge
§ 7.15 Disclosure Requirements
CLOSED-END CREDIT DISCLOSURES
§ 7.16 Definition of Closed-End Credit
§ 7.17 Disclosure Requirements Generally
§ 7.18 Timing of the Disclosures
§ 7.19 Content of the Disclosures
OPEN-END CREDIT DISCLOSURES
§ 7.20 Open-End Disclosures
§ 7.21 Open-End Credit Requirements
§ 7.22 General Disclosure Requirements
§ 7.23 Account-Opening Disclosures
§ 7.24 Periodic Statements
§ 7.25 Subsequent disclosures
RIGHT OF RESCISSION AND CREDIT ADVERTISING
§ 7.26 Right of Rescission
§ 7.27 Advertising Requirements
§ 7.28 Closed-End Transactions
§ 7.29 Open-End Transactions
HIGH-RATE MORTGAGES
§ 7.30 Limitations with Respect to High Rate Home Mortgage Loans
§ 7.31 Covered Loans
§ 7.32 Restrictions and Prohibitions
§ 7.33 Higher-Priced Mortgage Loans
§ 7.34 Prohibited Acts and Practices in Connection with Credit Secured by a Consumer’s Principal Dwelling
§ 7.35 The Ability to Repay Rules
§ 7.36 The Dodd-Frank Wall Street Reform and Consumer Protection Act
CREDIT CARDS
§ 7.37 Fair Credit Billing Act
§ 7.38 Billing Errors
§ 7.39 Assertion of Claims and Defenses
§ 7.40 Liability for Unauthorized Use
§ 7.41 The “Credit CARD” Act
§ 7.42 Mortgage Transfer Disclosures
§ 7.43 Hybrid pre-paid credit cards
CONSUMER LEASES
§ 7.44 Introduction to Consumer Leasing Statutes and Regulations
§ 7.45 Scope and Coverage
§ 7.46 Required Disclosures
§ 7.47 Liability on Expiration or Termination of the Lease
§ 7.48 Liability Based Upon Residual Value
§ 7.49 Liability for Delinquency, Default, or Early Termination
§ 7.50 Right to Independent Appraisal
§ 7.51 Advertising of Consumer Leases
§ 7.52 Required Disclosures
REMEDIES
§ 7.53 Introduction to Truth in Lending Remedies
§ 7.54 Actual Damages
§ 7.55 Statutory Damages
§ 7.56 Assignee Liability
§ 7.57 Attorney Fees
CREDITOR DEFENSES
§ 7.58 Bona Fide Error Defense
§ 7.59 Good Faith Conformity
§ 7.60 Statute of Limitations
§ 7.61 Electronic Disclosures
CHAPTER 7A PREDATORY LENDING
§ 7A.01 Introduction to Predatory Lending
§ 7A.02 Predatory Practices
§ 7A.03 Common Law Theories Available Against Predatory Lending
§ 7A.04 Statutory Responses to Predatory Lending
§ 7A.05 Mortgage Lenders, Mortgage Brokers, Mortgage Servicers, and Loan Originators
Changes to Mortgage Brokers Act: Mortgage Brokers and Loan Originators
§ 7A.06 Changes to the Consumer Sales Practices Act
§ 7A.07 Limitations on Remedies Available Under the CSPA
§ 7A.08 Amendments to the Ohio Consumer Protection Predatory Lending Act
§ 7A.09 Miscellaneous Provisions
§ 7A.10 Conclusion: Protection Against Predatory Lending
CHAPTER 8 OHIO RETAIL INSTALLMENT SALES ACT
§ 8.01 Introduction to the Retail Installment Sales Act
§ 8.02 Coverage of the Act
§ 8.03 Retail Installment Sale
§ 8.04 Retail Installment Contracts
§ 8.05 Consumer Transactions
§ 8.06 Installment Sales of Specific Goods
§ 8.07 Other Limitations on the Scope of RISA
§ 8.08 Financial Institutions
§ 8.09 Substantive Provisions—Introduction
§ 8.10 Substantive Provisions—The Requirements of the Contract
§ 8.11 Substantive Provisions—Cash Price
§ 8.12 Substantive Provisions—Principal Balance
§ 8.13 Substantive Provisions—Finance Charge
§ 8.14 Substantive Provisions—Insurance
§ 8.15 Substantive Provisions—Rate Regulation
§ 8.16 Regulation of Other Terms—Delinquency/Interest Charges
§ 8.17 Regulation of Other Terms—Allowable Charges
§ 8.18 Regulation of Other Terms—Payment Before Maturity
§ 8.19 Regulation of Other Terms—Remedies for Unlawful Charges
§ 8.20 Default and Security Interests—Default and Acceleration
§ 8.21 Default and Security Interests—Security Interests and Repossession
§ 8.22 Default and Security Interests—Repossession by a Secured Party
§ 8.23 Other RISA Contracts—Revolving Budget Agreements and Layaways—Introduction
§ 8.24 Other RISA Contracts—Revolving Budget Agreements and Layaways—Revolving Credit
§ 8.25 Other RISA Contracts—Revolving Budget Agreements and Layaways—Layaway Plans
§ 8.26 Remedies
§ 8.27 The Statute of Limitations
CHAPTER 9 SMALL LOAN AND MORTGAGE LOAN LENDING
INTRODUCTION
§ 9.01 Introduction to Small Loan Act (SLA) and Mortgage Loan Law (MLL) Lending
§ 9.02 Overview of SLA and MLL Lending
§ 9.03 Administrative Regulation
§ 9.04 Statutory Exclusions
§ 9.05 Deciding Which Act Applies
CALCULATION OF INTEREST
§ 9.06 Definition of “Interest”
§ 9.07 Interest-Bearing Loans
§ 9.08 Pre-computed Loans
§ 9.09 Open-End Loans
§ 9.10 Maximum Allowable Interest
§ 9.11 Loan Origination Charges, Credit Line Charges, and Points
§ 9.12 Prepayment of Principal
CHARGES
§ 9.13 Default Charges
§ 9.14 Charges Connected with Litigation
§ 9.15 Insurance
§ 9.16 Prohibition Against “Other Charges”
§ 9.17 The Sale of Goods and Services
ADDITIONAL PROHIBITIONS AND DUTIES UNDER THE MLL
§ 9.18 Prohibitions
BORROWER’S REMEDIES
§ 9.19 Introduction to Borrower’s Remedies
§ 9.20 Private Remedies Under the Small Loan Act
§ 9.21 Private Remedies Under the Ohio Mortgage Loan Act
§ 9.22 Punishment for Operating Under the MLL or SLA Without a License
§ 9.23 Remedies Under Other Statutes
CHAPTER 10 FAIR CREDIT REPORTING ACT
INTRODUCTION
§ 10.01 Introduction to Consumer Credit Reporting
§ 10.02 Scope of the Fair Credit Reporting Act
§ 10.03 Consumer Reporting Agencies
§ 10.04 Consumer Report
§ 10.05 Consumer Credit
§ 10.06 Insurance
§ 10.07 Employment
§ 10.08 Other Authorized Purposes
§ 10.09 Statutory Exclusions
§ 10.10 Permissible Furnishing of Consumer Reports
§ 10.11 Furnishing and Using Consumer Reports for Employment Purposes
§ 10.12 Credit or Insurance Transactions Not Initiated by the Consumer
§ 10.13 Disclosure of Investigative Consumer Reports
§ 10.14 Exclusion of Stale Information
§ 10.15 Accuracy of Consumer Reports
§ 10.16 Inaccuracy
§ 10.17 The Definition of “Accuracy”
§ 10.18 Reasonable Procedures
§ 10.19 Disclosures to Consumers—The Consumer’s File
CORRECTION PROCEDURE
§ 10.20 Section 611
§ 10.21 Reinvestigation
§ 10.22 Inaccurate or Unverifiable Information
§ 10.23 Results of Reinvestigation
§ 10.24 Public Record Information for Employment Purposes
§ 10.25 Consumer’s Statement
§ 10.26 Charges for Required Disclosures
NOTIFICATION OF ADVERSE ACTION BY USER OF CONSUMER REPORT
§ 10.27 Notice of Adverse Action
§ 10.28 Adverse Action
§ 10.29 The Requirements of the Notice
§ 10.29A Risk-Based Pricing Notice
§ 10.30 Adverse Action Based on Information from Third Parties
§ 10.31 Pre-screening Disclosures
§ 10.32 Reasonable Procedures
§ 10.33 Obligations of Furnishers of Information
OBLIGATIONS OF FURNISHERS UNDER SECTION 623(a)
§ 10.34 Duty to Provide Accurate Information
§ 10.35 Duty to Correct and Update Information Under Section 623(a)
§ 10.36 Obligations Under Section 623(b)
§ 10.37 Duty to Investigate When Notified by Consumer
§ 10.38 Limitations on Enforcement
REMEDIES
§ 10.39 Civil Liability for Willful Noncompliance
§ 10.40 “Willful” Violations
§ 10.41 Liability
§ 10.42 Liability for Negligent Noncompliance
§ 10.43 Criminal Liability
§ 10.44 Administrative Enforcement
§ 10.45 Statute of Limitations
§ 10.46 Jurisdiction
§ 10.47 Relation to State Laws
THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (“FACTA”)
§ 10.48 Introduction
§ 10.49 Identity Theft
§ 10.50 Use of and Consumer Access to Credit Information
§ 10.51 Enhancing the Accuracy of Consumer Report Information
§ 10.52 Protection of Medical Information
§ 10.53 State Credit Reporting Laws
§ 10.54 Conclusion
CHAPTER 11 “PAYDAY” LOAN REGULATION
§ 11.01 Essence of the Payday Loan
§ 11.02 Coverage of the Short-Term Loan Law
§ 11.03 Licensing
§ 11.04 Maximum Interest and Fees
§ 11.05 Relation to Federal Truth-in-Lending
§ 11.06 Prohibitions
§ 11.07 Prohibited Collection Practices
§ 11.08 Duties of Short-Term Lenders to Borrowers
§ 11.09 Remedies
§ 11.10 Miscellaneous Provisions
§ 11.11 “Charter-Renting”
§ 11.12 The Evolving Marketplace
§ 11.13 Conclusion
CHAPTER 12 DISCRIMINATION IN CREDIT
THE EQUAL CREDIT OPPORTUNITY ACT
§ 12.01 Introduction to the ECOA
§ 12.02 Prohibition Against Discrimination
§ 12.03 Definitions and Scope
§ 12.04 Exceptions
§ 12.05 Establishing Discrimination
§ 12.06 Protected Classes
§ 12.07 Rules Concerning the Taking of Applications
§ 12.08 Advertising
§ 12.09 Permissible Information
§ 12.10 Rules Concerning Evaluation of Applications
§ 12.11 Rules Governing the Extension of Credit
§ 12.12 Notification of Adverse Action
§ 12.13 Adverse Action
§ 12.14 Contents of the Notice
§ 12.15 Specific Reasons
§ 12.16 Incomplete Applications
§ 12.17 Special Purpose Credit Programs
REMEDIES—CIVIL LIABILITY
§ 12.18 Actual Damages
§ 12.19 Punitive Damages
§ 12.20 Equitable and Declaratory Relief
§ 12.21 Attorney Fees
§ 12.22 Violation as a Defense or Recoupment
§ 12.23 Inadvertent Error
§ 12.24 Administrative Enforcement
§ 12.25 Statute of Limitations
THE OHIO EQUAL CREDIT OPPORTUNITY LAW
§ 12.26 Introduction and Relation to ECOA
§ 12.27 Substantive Prohibitions
§ 12.28 Remedies
§ 12.29 Administrative Remedies
§ 12.30 Civil Action
CHAPTER 13 OHIO LEASE-PURCHASE AGREEMENTS ACT (RENT-TO-OWN TRANSACTIONS)
§ 13.01 Introduction to the Rent-to-Own Industry
§ 13.02 Current Law and Its Scope
§ 13.03 Disclosures Required in the Lease-Purchase Agreement
§ 13.04 Advertising
§ 13.05 Contract Disclosures
§ 13.06 Substantive Prohibitions
§ 13.07 Lessees’ Rights to Acquire Ownership of the Property Including Reinstatement
§ 13.08 Maximum Allowable Rent
§ 13.09 Lessor’s Liability to the Lessee
§ 13.10 Limitations on the Lessor’s Liability
§ 13.11 Influence of Other Consumer Protection Legislation on RTO Transactions
CHAPTER 14 SUBSTANTIVE LIMITS ON CONTRACT TERMS
INTRODUCTION
§ 14.01 Legal Limits Upon Parties to Reach Their Own Agreement
§ 14.02 Substantive Unconscionability
SPECIFIC CLAUSES
§ 14.03 Arbitration Clauses
§ 14.04 Warranty Disclaimers and Limitations of Remedy
§ 14.05 Excessive Price
§ 14.06 Liquidated Damages and Similar Clauses
§ 14.07 Exculpatory Clauses
§ 14.08 Other Clauses
§ 14.09 Consensus that Unconscionability Should “Shock the Conscience”
GOOD FAITH
§ 14.10 Actions Taken in Performance of the Contract
§ 14.11 Good Faith and Express Contract Terms
§ 14.12 Specific Examples
§ 14.13 Attorney Fees?
CHAPTER 15 THE QUALITY OF GOODS AND SERVICES
INTRODUCTION
§ 15.01 The Seller’s Obligation for Product Quality
THE UNIFORM COMMERCIAL CODE WARRANTIES
§ 15.02 Express Warranties
§ 15.03 Affirmation of Fact or Promise
§ 15.04 Description of the Goods
§ 15.05 Samples and Models
§ 15.06 Basis of the Bargain
§ 15.07 Implied Warranties
§ 15.08 Implied Warranty of Merchantability
§ 15.09 Minimum Standards of Merchantability
§ 15.10 Fit for the Ordinary Purpose
§ 15.11 Other Standards of Merchantability
THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
§ 15.12 Implied Warranty of Fitness—Basic Requirements
§ 15.13 Illustrative Cases
§ 15.14 The Warranty of Fitness and the Warranty of Merchantability
§ 15.15 Conclusion
WARRANTY DISCLAIMERS
§ 15.16 Ability of Sellers to Limit or Disclaim Liability
§ 15.17 Express Warranties
§ 15.18 Disclaimers of Implied Warranties
§ 15.19 Section 2-316(2)
§ 15.20 The Timing of the Disclosure
§ 15.21 “As is” Disclaimers
§ 15.22 Other Methods of Excluding Warranties
§ 15.23 Warranty Disclaimers and Unconscionability
LIMITATION OF REMEDIES
§ 15.24 Introduction to Limiting the Remedies for Breach
§ 15.25 Required Language
§ 15.26 Conspicuousness
§ 15.27 Failure of Essential Purpose
§ 15.28 Unconscionability
NOTICE OF BREACH
§ 15.29 Importance of Giving the Seller Notice of Breach
§ 15.30 Contents of the Notice
§ 15.31 Necessity for Notice of Breach
§ 15.32 Timeliness of the Notice
PRIVITY
§ 15.33 Recovery By Persons Not a Party to a Contract
§ 15.34 Personal Injury and Property Damage
§ 15.35 Economic Loss
§ 15.36 Privity and Express Warranty
DEFENSES TO BREACH OF WARRANTY
§ 15.37 Defenses Associated With the Common Law of Negligence
§ 15.38 Contributory Negligence
§ 15.39 Assumption of the Risk
§ 15.40 Proximate Cause
§ 15.41 Statute of Limitations
CHAPTER 16 THE MAGNUSON-MOSS FEDERAL WARRANTY ACT
WARRANTIES
§ 16.01 Scope and Coverage of the Act
§ 16.02 “Consumer Product”
§ 16.03 “Written Warranty”
§ 16.04 “Full” and “Limited” Warranties
§ 16.05 Disclosure of Warranty Terms
§ 16.06 Pre-Sale Availability
§ 16.07 Informal Dispute Settlement Procedures
§ 16.08 Warrantor Duties
§ 16.09 Minimum Requirements of the IDSM
§ 16.10 Prohibition on Product “Tie-in”
REMEDIES
§ 16.11 Public Remedies
§ 16.12 Private Remedies—Bases for Action
§ 16.13 Private Remedies—Compensatory Damages
§ 16.14 Private Remedies—Other Legal and Equitable Relief
§ 16.15 Private Remedies—Attorney Fees
§ 16.16 Relationship to Other Laws
§ 16.17 Jurisdiction
§ 16.18 Conclusion
CHAPTER 17 OHIO PRODUCTS LIABILITY LAW
INTRODUCTION TO PRODUCTS LIABILITY
§ 17.01 The Rudiments of Products Liability Law
§ 17.02 History
THE OHIO PRODUCT LIABILITY ACT
§ 17.03 Codification
§ 17.04 Definitions and Coverage—Product Liability Claim
§ 17.05 Definitions and Coverage—“Manufacturer” or “Supplier”
§ 17.06 Definitions and Coverage—Product
§ 17.07 Definitions and Coverage—Nature of the Plaintiff’s Damages
§ 17.08 Bases for Liability—Introduction
§ 17.09 Bases for Liability—Product Defective in Manufacture or Construction
§ 17.10 Bases for Liability—Defect in Design or Formulation
§ 17.11 Bases for Liability—Failure to Warn
§ 17.12 Bases for Liability—Failure to Conform to a Representation
§ 17.13 Supplier Liability
§ 17.14 Primary Liability
§ 17.15 Negligence
§ 17.16 Express Representation
§ 17.17 Indirect Liability
§ 17.18 Defenses—Introduction
§ 17.19 Defenses—Contributory/Comparative Negligence
§ 17.20 Defenses—Assumption of the Risk
§ 17.21 Defenses—Superseding and Intervening Cause
§ 17.22 Defenses—Learned Intermediary
§ 17.23 Component Part Manufacturer Doctrine
§ 17.24 Industry Liability
§ 17.25 Statute of Limitations
§ 17.26 Punitive Damages
§ 17.27 Conclusion
CHAPTER 18 OHIO “LEMON LAW”
§ 18.01 Protections for Purchasers of New Vehicles
§ 18.02 Scope of Coverage
§ 18.03 Motor Vehicle
§ 18.04 The Lemon Law Contains No Definition of “New”
§ 18.05 Definition of “Consumer” Under the Lemon Law
§ 18.06 Period of Coverage
§ 18.07 Substantive Provisions
§ 18.08 Remedies
§ 18.09 Reasonable Number of Repair Attempts
§ 18.10 Return of Vehicle and Permissible Damages
§ 18.11 Attorney Fees
§ 18.12 Statute of Limitations
§ 18.13 Informal Dispute Resolution Mechanisms
§ 18.14 Buyback Restrictions
CHAPTER 19 THE RIGHT OF REPOSSESSION
INTRODUCTION
§ 19.01 Relation to the Ohio Retail Installment Sales Act
§ 19.02 Scope and Coverage
§ 19.03 Default
CREDITOR REMEDIES
§ 19.04 Judicial Procedure
§ 19.05 Self-help Repossession—Introduction
§ 19.06 Self-help Repossession—Breach of the Peace
§ 19.07 Waiver
§ 19.08 Disposition of Collateral
§ 19.09 Commercially Reasonable
§ 19.10 Purchase by Creditor
§ 19.11 Warranties
§ 19.12 Notice of Disposition
§ 19.13 Time of the Notice
§ 19.14 Contents of the Notice
§ 19.15 The Sending of the Notice
§ 19.16 Waiver of the Notice of Disposition
§ 19.17 Deficiency
§ 19.18 Notice of Deficiency or Surplus
§ 19.19 Strict Foreclosure
§ 19.20 Right of Redemption
§ 19.21 Waiver of Rights
DEBTOR REMEDIES
§ 19.22 Damage Liability
§ 19.23 Remedies Where a Surplus or Deficiency Is at Issue
CHAPTER 20 SATISFACTION AND COLLECTION BY THE SELLER OR DEBT COLLECTORS
§ 20.01 Garnishment of Wages and Assets
§ 20.02 Wage Garnishment
§ 20.03 Limitations of Wages Subject to Garnishment
§ 20.04 “Personal Earnings”
§ 20.05 “Stacking of Garnishments”
§ 20.06 Procedure for Obtaining Garnishment
§ 20.07 Protection Against Discharge
§ 20.08 Garnishment of Other Property
§ 20.09 Garnishment Procedure
§ 20.10 Property Subject to Garnishment
§ 20.11 Statutory Exemptions
CHAPTER 21 FAIR DEBT COLLECTION PRACTICES ACT
INTRODUCTION
§ 21.01 Debt Collection by a Third Party Collection Agency
COVERAGE OF THE ACT
§ 21.02 “Debt Collector”
§ 21.03 “Debt”
§ 21.04 Communication by the Debt Collector
§ 21.05 Communication with the Debtor
§ 21.06 Communication with Third Parties
§ 21.07 Harassment and Abuse
§ 21.08 False, Deceptive, or Misleading Representations
§ 21.09 The Appropriate Legal Standard
§ 21.10 Specific Instances of Conduct
§ 21.11 Unfair Practices
§ 21.12 Debt Validation and Disputed Debts
§ 21.13 Validation Notice to the Debtor
§ 21.14 Validation of the Debt
§ 21.15 Civil Liability
§ 21.16 Actual Damages
§ 21.17 Statutory Damages
§ 21.18 Attorney Fees
§ 21.19 Bona Fide Error Defense
§ 21.20 Jurisdiction and Limitations Period
CHAPTER 22 THE FTC “HOLDER RULE”
§ 22.01 The FTC “Holder Rule”
CHAPTER 23 CONSUMER ARBITRATION
§ 23.01 Introduction to Arbitration and Consumer Contracts
§ 23.02 Applying the Acts
§ 23.03 Contract Formation
§ 23.04 Scope and Interpretation of Arbitration Clause
§ 23.05 Unconscionability
§ 23.06 Fraud
§ 23.07 Waiver
§ 23.08 Bias
§ 23.09 Manifest Disregard of the Law or Facts
§ 23.10 Other Contract Defenses
§ 23.11 Conclusion
INDEX
