Exam 22: Consumer Protection Law

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The Magnuson-Moss Act requires a label with warranty conditions regarding all products that cost $10 or more.

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The implied warranty of merchantability applies to sales by any seller to any buyer.

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Describe how the federal government is protecting consumers online regarding spam.

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In an effort to protect consumers online, the government passed an antispam act known as the CAN-SPAM Act. Spam is unsolicited e-mail that advertises a product or service and many times attempts to deceive the consumer through False advertising. Part of the antispam act includes provisions that prohibit online marketers from falsifying the "from" field and information in the subject line to trick consumers into opening an unsolicited e-mail.

In Hauter v. Zogarts, Hauter received, as a present, a "Golfing Gizmo" that was made by Zogarts. The device consisted of a golf ball attached to string that returned the ball to the user after it had been hit with a club. The box that it came in stated, "completely safe, ball will not hit player." Hauter had read the safety manual and used the product a dozen times, but then he hit the ball too low and it struck him in the head, causing serious injury. Hauter sued for:

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Name and discuss the two categories of warranties.

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The Equal Credit Opportunity Act is limited to regulating applications for credit and does not apply to the charging of higher interest rates based on the race of the consumer.

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The purpose of the FTC in relation to consumers is:

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The FDA has authority to bring criminal prosecutions.

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The ________ Act establishes a national fraud alert system so that consumers have a timely way to guard their credit.

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Which of the following is not exempt from the Do Not Call Registry?

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FDA regulations do not apply to the labeling of food packages.

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Regarding business owners and managers, what is generally considered the most important part of the Truth in Lending Act? Why?

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The FDA jurisdiction includes administering the Flammable Fabrics Act.

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Who is typically empowered by the states to protect consumers from deceptive trade practices?

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If they do it properly, sellers may limit a buyer's remedies in all situations.

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The implied warranty of merchantability applies to every sale from a _______ to a buyer.

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Under the Truth in Lending Act, creditors have a week to notify consumers of their right to cancel the transaction.

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The UCC permits disclaimers of warranties:

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A car manufacturer advertises that the windshield in its cars is shatterproof and will not break even when hit with a strong impact. While an owner of one of the cars was driving home one day, a small rock hit the windshield and the windshield broke, cutting the driver. What type of warranty was breached?

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Agents involved in debt collection are the only parties that are regulated by the Fair Debt Collection Practices Act.

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