Consumer Law Unlocked

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The financial institution does not need to obtain consent for this disclosure. Post-sequestration income remains with the debtor(s.32(1)), though the trustee is entitled to ask for contributions therefrom, provided sufficient remains for the debtor’s aliment and any other relevant obligations (such as maintenance for an ex-spouse etc.). Ratio decidendi in Point This means relevant to the actual legal issue involved – in other words it must be the same legal point that is being discussed, not one that is either markedly or indeed subtly different.

Pages: 186

Publisher: Siber Ink, South Africa (February 1, 2013)

ISBN: 1920025510

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But the nuclear option of liquidation still will remain. 5. There are three types of winding up: * winding up by the court * members’ voluntary winding up * creditors’ voluntary winding up [(EU Consumer Law and Policy)] [Author: Stephen Weatherill] published on (October, 2014). In particular he can: (a) have certain forms of diligence against the company’s assets set aside under the “equalisation of diligence rules” (IA 1986 s.185) whereby any attachments and arrestments within a period of 60 days prior to the appointment of the liquidator are all treated as taking place at the same time: the creditors then have to hand back what they have received from the company and then can claim as ordinary creditors later; (b) set aside certain antecedent transactions (IA 1986 s.242, 243) if they are gratuitous alienations or unfair preferences: (c) set aside dodgy floating charges (s.245). (d) make directors repay or return to the company in liquidation such sums of money or other assets as they may have misappropriated or been otherwise liable for under the misfeasance provisions of IA 1986 s.212 (Re DKG Contractors Ltd [1990] BCC 903 – payment by about to be insolvent company to a sub-contractee company personally controlled by the directors)(Re Barton Manufacturing Co Ltd [199] 1 BCLC 741 – insolvent company made gifts for dubious purposes and circulated cheques (to give appearance of solvency) not in good faith, and diverted insurance funds payable to company into hands of others); (e) make anyone involved in fraudulent trading re-imburse the company in liquidation (IA 1986 s.213) (actual dishonesty must be proved – re Patrick and Lyon Ltd [1933] CH 786); make any officer of the company who had caused the company to trade wrongfully to contribute to the company’s assets (IA 1986 s.214) (Re Produce Marketing Consortium Ltd (No.2) [1989] BCLC 520); All these methods are known collectively as “swelling the company’s assets”. 12 Electronic Consumer Contracts in the Conflict of Laws: Second Edition (Studies in Private International Law) by Zheng Sophia Tang (2015-10-22).

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Some states also have business-specific laws for select industries. These laws cover businesses like: Private, volunteer groups, such as the Better Business Bureau (BBB), also take consumer complaints and investigate abusive business practices A strategic direction for change: A review of the regulations under the Food and Drugs Act. American Airlines and the union that represents... Real estate agents used to be privy to a lot of information that home buyers couldn’t obtain on their own supporting the Consumer Protection Law Provisions (latest version) (Paperback). Military Resources for active and former service members. Consumer laws include statutes that protect consumers from unscrupulous business practices and the forces of the marketplace in general. And many business, real estate, and criminal laws are intended to protect consumers as well, such as homestead protection laws and prohibitions on telemarketing fraud. Georgia consumer laws prohibit and criminalize identity theft and pyramid schemes, while protecting consumers from the hardship of purchasing a "lemon," which is a new automobile with recurring problems Best of ABI 2015: The Year in Consumer Bankruptcy.

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Charlip has been recognized for his special knowledge, skills and proficiency in civil trial law, as well as his professionalism and ethics in practice. Board Certification is the highest level of evaluation by The Florida Bar of an attorney’s competency, experience, ethics and professionalism. An experienced litigator, David Charlip has a record of winning cases with a high success rate in foreclosure defense and commercial litigation A Human Guide to Bankruptcy. The more complaints filed, the higher the fine that may be levied. Once a consumer’s telephone number has been registered on the DNC registry for 31 days, DNC laws prohibit you from calling it. Your business can be fined up to $11,000 per incident by the New York Department of State, as well as by the FTC and Federal Communications Commission (FCC) Blackstone's Statutes on Commercial & Consumer Law 2012-2013. Covers cards that can be used at multiple unaffiliated merchants, gift certificates or store gift cards. Funds on gift cards do not expire unless the card has an expiration date. Any activation or issuance fees cannot exceed 10% of face value or $5, whichever is less. Does not cover loyalty or rewards cards, prepaid phone cards or other reloadable prepaid cards Consumer Law: Basic Skills in Law-Related Education. Further exclusion clauses Under the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”),, where consumers are required to enter into contracts where the opportunity for individual negotiation is not available (as in standard term contracts for such things as satellite televisions, portable telephones, etc.), consumers will not be bound where a non-negotiable term is “unfair” (UTCCR reg.8) Perspectives for European Consumer Law: Towards a Directive on Consumer Rights and Beyond. The acts relative to real estate in Mexico are only subject to this law when they are performed by suppliers who are "subdividers" or "contractors" of living quarters to be used for residential housing for sale to the public or when they grant the consumer the right to use real estate by means of the timeshare system, in terms of the law Current Consumer Cases Issue No.1/2013 (Current Consumer Cases 2013 Issue).

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DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code. (b) Except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, the following acts: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) using deceptive representations or designations of geographic origin in connection with goods or services; (5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not; (6) representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparaging the goods, services, or business of another by false or misleading representation of facts; (9) advertising goods or services with intent not to sell them as advertised; (10) advertising goods or services with intent not to supply a reasonable expectable public demand, unless the advertisements disclosed a limitation of quantity; (11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions; (12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law; (13) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service; (14) misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; (15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; (16) disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge; (17) advertising of any sale by fraudulently representing that a person is going out of business; (18) advertising, selling, or distributing a card which purports to be a prescription drug identification card issued under Section 4151.152, Insurance Code, in accordance with rules adopted by the commissioner of insurance, which offers a discount on the purchase of health care goods or services from a third party provider, and which is not evidence of insurance coverage, unless: (A) the discount is authorized under an agreement between the seller of the card and the provider of those goods and services or the discount or card is offered to members of the seller; (B) the seller does not represent that the card provides insurance coverage of any kind; and (C) the discount is not false, misleading, or deceptive; (19) using or employing a chain referral sales plan in connection with the sale or offer to sell of goods, merchandise, or anything of value, which uses the sales technique, plan, arrangement, or agreement in which the buyer or prospective buyer is offered the opportunity to purchase merchandise or goods and in connection with the purchase receives the seller's promise or representation that the buyer shall have the right to receive compensation or consideration in any form for furnishing to the seller the names of other prospective buyers if receipt of the compensation or consideration is contingent upon the occurrence of an event subsequent to the time the buyer purchases the merchandise or goods; (20) representing that a guaranty or warranty confers or involves rights or remedies which it does not have or involve, provided, however, that nothing in this subchapter shall be construed to expand the implied warranty of merchantability as defined in Sections 2.314 through 2.318 and Sections 2A.212 through 2A.216 to involve obligations in excess of those which are appropriate to the goods; (21) promoting a pyramid promotional scheme, as defined by Section 17.461; (22) representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; (23) filing suit founded upon a written contractual obligation of and signed by the defendant to pay money arising out of or based on a consumer transaction for goods, services, loans, or extensions of credit intended primarily for personal, family, household, or agricultural use in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract; provided, however, that a violation of this subsection shall not occur where it is shown by the person filing such suit that the person neither knew or had reason to know that the county in which such suit was filed was neither the county in which the defendant resides at the commencement of the suit nor the county in which the defendant in fact signed the contract; (24) failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed; (25) using the term "corporation," "incorporated," or an abbreviation of either of those terms in the name of a business entity that is not incorporated under the laws of this state or another jurisdiction; (26) selling, offering to sell, or illegally promoting an annuity contract under Chapter 22, Acts of the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil Statutes), with the intent that the annuity contract will be the subject of a salary reduction agreement, as defined by that Act, if the annuity contract is not an eligible qualified investment under that Act or is not registered with the Teacher Retirement System of Texas as required by Section 8A of that Act; (27) taking advantage of a disaster declared by the governor under Chapter 418, Government Code, by: (A) selling or leasing fuel, food, medicine, or another necessity at an exorbitant or excessive price; or (B) demanding an exorbitant or excessive price in connection with the sale or lease of fuel, food, medicine, or another necessity; Text of subdivision as added by Acts 2015, 84th Leg., R The Nebraska Lemon Law - When Your New Vehicle Goes Sour (Lemon Law books Book 11).