ANSWERS TO CONSUMER LAW QUIZ
1. TRUE. You can tell the absolute
truth in an advertisement or product claim and still be found guilty of
deceptive advertising. It is the “overall impression” that counts.
That includes both what is expressly stated and what is implied in the
advertisement. For example, the claim that "the engine in this car
was recently replaced” implies what? That the new engine works.
If there is a problem with the engine, the ad or claim is deceptive, even
if the engine was in fact recently replaced.
2. TRUE. You can tell an outright,
bold lie in an advertisement and not be found guilty of deceptive advertising.
Have you seen the Colombian Coffee ads claiming all the beans were “hand
picked by Juan Valdez?” Any chance that's true? But the ad is not
considered deceptive because it is "puffing." One type of puffing
is the telling of a lie that is so obviously untrue that no one is likely
to believe it. Therefore, no one is likely to be deceived by it.
3. TRUE (except in Vermont). In most
states it is perfectly legal for a business to gather personal information
about you--including how much money you owe and to whom--and provide that
information to others without your knowing about it. This is what
the credit reporting industry does. It gathers this information from
creditors and others and reports the information to prospective creditors
and employers. Only in Vermont are prospective employers and creditors
required to get your permission before obtaining a report on you.
4. TRUE. If I offer to sell you my
brand new BMW for a fraction of its worth as a joke, I’m bound by my offer
if you reasonably believe that my offer was serious.In contract law, there
must be intent to make an offer. But it is the outward manifestation
of intent that is critical, not what the offeror subjectively intends.
So if the circumstances are such that the buyer would reasonably interpret
the offer as serious--if, for example, the owner had just complained about
needing money, the cost of repairs, etc.--there is an offer that you can
accept and create a binding contract.
5. TRUE. In Vermont, if you don’t
have a lease, you can be evicted by the landlord for any reason, and in
fact for no reason at all. Vermont law provides for a “no cause”
eviction. The landlord just has to give 60 days’ notice, 90 days
if you’ve lived there for two or more years.
6. TRUE. Under Vermont law and Burlington
city ordinances, tenants are protected on the basis of race, religion,
national origin, sexual preference, disability, age, etc. The only
groups not protected against discrimination in renting are students and
pets.
7. TRUE. If you buy a car on credit
and the creditor retains a security interest, the creditor can repossess
the car the day after you miss a single payment. Once you “default” (which
the contract usually defines as not paying on the due date) the creditor
can repossess. There is no requirement of notice or warning.
8. TRUE. A creditor can come onto
your property at any time of day or night, and even come into an unlocked
garage, to repossess a vehicle. The only limitation recognized by
the law is that there not be a “breach of peace.” Repos conducted
during the wee hours actually minimize the likelihood of a breach of peace.
9. Both state and federal law require
limitations on advertised offers to be “conspicuous.” Is there any
limitation on the “free” phone? You bet. Try getting the phone
without a year’s service contract.
10. If the manufacturer’s suggested
retail price for a cd player is $200 but you always sell it for $150, you
cannot advertise it for $100 and claim that it’s “50% off.” Both state
and federal law govern “reference” or “comparison” pricing. Both
say that if you want to use a price for comparison purposes, it has to
be a price at which either you or someone else in the trade area has been
selling the product.
So, how did you do?
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