Anderson's Ohio Consumer Law Manual

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