NCJ Number
50429
Date Published
1977
Length
131 pages
Annotation
THE BASIC LAWS OF MINNESOTA AND THE UNITED STATES CONCERNING THE RIGHTS AND REMEDIES OF MERCHANTS, LENDERS, AND CONSUMERS ARE DISCUSSED IN A SIMPLIFIED, PROBLEM-ORIENTED TEXT.
Abstract
CONSUMERS MAY SOLVE MOST OF THEIR PROBLEMS BY THEMSELVES THROUGH AN APPLIED USE OF THE BASIC LAW. TO ASSERT THEIR RIGHTS, CONSUMERS SHOULD HAVE A FAMILIARITY WITH THE APPLICABLE LAW, SHOULD KNOW HOW TO USE THEIR KNOWLEDGE, AND SHOULD KNOW WHERE TO GO FOR HELP WHEN IT IS REQUIRED. THE HANDBOOK EXPLAINS THE LAW OF SALES CONTRACTS, INCLUDING CONSUMER LIABILITY, FRAUDULENT PRACTICES, DECEPTIVE ADVERTISING, AND DEFINITIONS OF CONTRACT TERMS. THE FEDERAL AND STATE STATUTES ON WARRANTIES IS DISCUSSED WITH EMPHASIS ON THE REMEDIES AVAILABLE TO CONSUMERS WHO PURCHASED DEFECTIVE PRODUCTS, SUCH AS THE RECOVERY OF MONEY DAMAGES WITHIN THE TIME OF THE WARRANTY. MINNESOTA LAW REQUIRES THAT A SELLER PROVIDE A REMEDY, SUCH AS THE REPLACEMENT OR REPAIR OF DEFECTIVE GOODS WHENEVER THE SELLER EXPRESSLY WARRANTS THE CONDITION OF THE GOODS. WRITTEN WARRANTIES WILL BE ENFORCED TO THE CONSUMER'S ADVANTAGE WHEN THE WRITTEN TERMS OF THE SALES CONTRACT DIFFER FROM THE OBJECTIVE STATEMENTS OF THE SELLER. THE LAW REGULATES ALL THE RATES OF INTEREST WHICH A RETAILER OR LENDER MAY CHARGE. THE VARIOUS TRANSACTIONS INVOLVING THE USE OF CREDIT ARE DISCUSSED INCLUDING MORTGAGES, LOANS, AND INSTALLMENT CONTRACTS. THE FEDERAL FAIR CREDIT REPORTING ACT IS CITED WITH REFERENCE TO THE REQUIRED DISCLOSURE OF CREDIT RATINGS TO CONSUMERS REQUESTING THIS INFORMATION. CREDITORS MAY MAKE REASONABLE EFFORTS TO OBTAIN PAYMENTS FROM DEBTORS, BUT THESE EFFORTS MAY NOT REACH THE POINT OF LEGAL HARASSMENT. REPOSSESSION MAY BE USED BY CREDITORS ONLY WHEN RECOVERING GOODS THAT WERE PURCHASED OR GOODS THAT WERE INCLUDED AS COLLATERAL UNDER A SECURITY AGREEMENT. CONSUMERS SHOULD ASSERT THEIR RIGHTS INITIALLY BY COMMUNICATING WITH THE SELLER OR LENDER. THE CONSUMER SHOULD KEEP COPIES OF ALL CORRESPONDENCE AND SHOULD KEEP NOTES ON ALL TELEPHONE CONVERSATIONS. COMPLAINTS SHOULD STATE THE PROBLEM AND THE DESIRED SOLUTION. SAMPLE LETTERS INVOLVING VARIOUS CONSUMER COMPLAINTS ARE PROVIDED. THE PROCEDURE FOR INSTITUTING CIVIL SUIT IS DESCRIBED, INCLUDING THE USE OF THE CONCILIATION COURT. CONSUMERS WHO ARE UNABLE TO PAY THEIR BILLS AS THEY COME DUE SHOULD CONTACT THEIR CREDITORS AND TRY TO ARRANGE A REFINANCING AGREEMENT. EXTREME FINANCIAL DIFFICULTIES MAY REQUIRE THE USE OF THE FEDERAL BANKRUPTCY PROCEDURE OR WAGE EARNERS PLAN UNDER CHAPTER THIRTEEN OF THE BANKRUPTCY ACT. FURTHER DISCUSSION INCLUDES THE METHODS BY WHICH GOODS MAY BE SOLD BETWEEN CONSUMERS. A GLOSSARY OF CONSUMER SALES TERMS IS PROVIDED. (TWK).