Practice Consumer Law

Revision Tasks and Achievement Tests.

2. Are the statements true (+) or false (–)? Correct the false statements.

1.The Federal Trade Commission (FTC) is the federal agency primarily concerned with unfair or deceptive trade practices.

2.Federal laws set standards for the quality, safety, and reliability of many goods and services. Failure to meet these standards can result in legal action against the buyer.

3.The Federal Trade Commission has the power to prohibit unfair or deceptive trade practices (such as false advertising) and can take legal action to stop such practices.

4.Consumers who are disabled may have equal access to goods and services.

5.State laws allow consumers to bring complaints into state court and before state agencies.

6.Consumers can join together to bring class actions.

7.Remedies include cease and desist orders, which are voluntary agreements to end a practice that is claimed to be illegal.

8.Consent decrees are orders to refund or repay any money illegally obtained.

9.Restitution is a remedy by which an agency can require a

business to stop a forbidden practice.

10.Some countries have “truth–in–menus” laws under which if the menu reads “fresh swordfish,” the restaurant cannot serve swordfish that has been frozen.

Unit 5. What to Do Before Buying

1. Сomplete the sentences, using the appropriate words:

a – ship; b – return; c – available; d – total; e – before; f – meet; g – differ; h – brands;

i – warranty; j – compare.

1.Careful consumers always … prices and products before buying.

2.Careful consumers purchase the product only after considering other products that could also … their needs.

121

Practice in Consumer Law

3.For major purchases, careful shoppers go to the library and read about competing … in consumer publications.

4.Once you have determined what product you need, you may discover that it is … at more than one store in your community.

5.Several kinds of policies may … among stores.

6.Check on the store’s … policy.

7.Before making a purchase, you will want to read the … carefully.

8.A warranty that requires you to … a broken product to a faraway place for repair at your expense may not be of much value to you.

9.If you are required to sign a contract as part of the purchase, be sure that you read and understand the entire contract and

that all blanks have been filled in … you sign. 10.Determine the … purchase price.

2. Are the statements true (+) or false (–)? Correct the false statements.

1.Making large purchases on impulse is wise.

2.You’d better not speak with your friends to get recommendations about products.

3.It makes good sense to buy from a store with a good reputation.

4.There may be additional charges for delivery, installation, and service for some products.

5.A price that seems higher at one store may really be lower once extra charges have been added on.

6.A very low price at a store where all sales are final may not turn out to be such a good deal if you decide that you are unhappy with the product once you have it in your home.

7.Different manufacturers and stores may provide the same warranty coverage on very different products.

8.If you have trouble understanding the contract, ask the store for permission to sign the contract.

9.Believe everything you hear from the seller.

10.Just because a seller says “This is a real bargain!” does not make it true.

122

Revision Tasks and Achievement Tests.

UNIT 6. What to Do After Buying

1. Сomplete the sentences, using the appropriate words:

a – arose; b – refund; c – conversations; d – inspect; e – working; f – replacement; g – reputable; h – response; i – headquarters; j

–cancel; k – remain; l – purchase.

1.When you have some problems, it is important to … calm and be persistent.

2.The first thing to do after buying a product is to … it.

3.If you do not receive the exact product you purchased, take it back to the seller and ask for a … or … .

4.Misuse of a product may be dangerous and may … your legal rights.

5.… business people are interested in a customer’s future business.

6.Provide the seller with all the necessary information—identify the item, give the date and location of … , describe when and how the problem … , and explain what you want done.

7.Date the letter and include your name, address, and a phone number where you can be reached during regular … hours.

8.Keep a copy of the letter along with any … for your records.

9.Make notes about any … you had with the seller.

10.If you don’t know the address of the manufacturer or the corporate … , go to your local library and look it up in Standard and Poor’s Register of Corporations.

2.Are the statements true (+) or false (–)? Correct the false statements.

1.Even smart consumers can seldom solve their own problems.

2.If the instructions are clear or seem complete, contact the seller.

3.If you experience a problem with a product, you should always try to fix the product yourself first.

4.Most problems and misunderstandings can be cleared up with a face–to–face discussion or a telephone call.

123

Practice in Consumer Law

5.You might as well bring along your sales receipt, warranty, or other pertinent information.

6.If the seller refuses to help or gives you the runaround, send a written complaint to the owner or store manager.

7.If the seller refuses to help you, consider contacting the product’s manufacturer.

UNIT 7. Consumer Protection Agencies and Organizations

1. Сomplete the sentences, using the appropriate words:

a – utilities; b – private; c – arbitration; d – binding; e – directory; f – an attorney; g – publicity; h – mediate; i – enforcement; j – associations.

1.A telephone … can save hours in dealing with consumer protection agencies and organizations.

2.Some places have … programs to help with consumer complaints.

3.In some instances, the decision of the arbitrators is … on both the business and the consumer.

4.Many … organizations help consumers.

5.BBBs investigate consumer complaints, contact the company involved, and try to … a settlement.

6.… is a powerful weapon.

7.Many business and professional people belong to … that act on behalf of the entire profession or occupation.

8.Professional association may have no legal … powers over their members.

9.If you have a complaint against …, you can contact the American Bar Association.

10.Consumer protection groups deal with everything from regulating public … to making sure you get a fair deal when you have your car repaired.

124

Revision Tasks and Achievement Tests.

2. Are the statements true (+) or false (–)? Correct the false statements.

1.Many directories have a section in the middle of the book that provides a comprehensive listing of government agencies.

2.If you choose to use an arbitration program, be sure to ask for and read a copy of the rules after you file your case.

3.The party bound by the decision usually agrees to pursue some other remedy, such as going to court.

4.Better Business Bureaus are government agencies.

5.BBBs have law enforcement power, they do not monitor business activity.

6.BBBs usually act only as mediators and do not force a business to settle.

7.Many consumers can settle problems by contacting, or threatening to contact, the media.

8.A consumer complaint to a professional association may result in pressure on, or dismissal of, the offending member.

9.Some states and local governments have consumer protection groups.

10.Consumer protection groups are always located within the state attorney general’s office.

UNIT 8. Taking Your Case to Court

1. Сomplete the sentences, using the appropriate words:

a – designed; b – costly; c – guardians; d – action; e – a fine; f

– position; g – fraud; h – damages; i – jail term; j – time– consuming.

1.Your complaint may form the basis for a criminal … against the seller.

2.Minors can sue through their parents or… .

3.Criminal … occurs when a salesperson knowingly misstates or misrepresents some important fact, resulting in harm.

4.State laws provide … or … for a convicted defendant.

5.Taking a case to court can be … and … .

6.In civil court you can sue for… .

125

Practice in Consumer Law

7.A suit for damages or specific performance is designed to place you in approximately the … you would have been in if the contract had been successfully completed.

8.A suit for rescission and restitution is … to return both the buyer and the seller to the positions they were in before the contract began.

2.Are the statements true (+) or false (–)? Correct the false statements.

1.Whether or not a crime is involved, you may wish to take

your case to civil court.

2.A seller’s action is never a crime.

3.In case you’re the victim of a crime you should contact the police or your local prosecutor.

4.If a civil dispute involves a large amount of money, the case will be brought in criminal court.

5.In some places high–cost legal services may be available to consumers who cannot afford an attorney.

6.If you sue for damages, you ask the court to order the seller to carry out the specific terms of the agreement.

7.Specific performance is an order to pay to a person who has suffered a loss or an injury.

8.If you ask to cancel the contract it is called restitution.

9.Rescission is an order to the person you are suing to give back any money you have already paid.

UNIT 9. Small Claims Court

1. Сomplete the sentences, using the appropriate words:

a – defective; b – continuance; c – handle; d – fill out; e – inexpensive; f – judge; g – decision; h – subpoenaed; i – hearing; j – in advance.

1.Filing a suit in small claims court is very ….

2.The clerk will be able to determine if the court can … your claim.

3.You’ll be required to … some forms and pay a small filing fee.

4.Prepare for your case … .

126

Revision Tasks and Achievement Tests.

5.The court will notify the defendant of the date and place of the … .

6.If a … product is involved, be sure to bring it along, if possible.

7.Uncooperative witnesses can be … .

8.A postponement is also called a … .

9.Once your hearing begins, the … will ask you to tell your story.

10.After both sides have presented their stories, the judge will make a … .

2. Are the statements true (+) or false (–)? Correct the false statements.

1.In the early 20 century, court reformers recognized that the typical civil court was too fast, cheap, and easy for many minor cases.

2.Today, every state has a small claims court, where you can sue for large amounts of money.

3.Filing a suit in small claims court involves five general steps.

4.The amount you ask for should be based on the profit you made.

5.You should gather all the evidence necessary to present your case.

6.Contact all witnesses to be sure they come to court.

7.Uncooperative witnesses can be ordered to appear in court.

8.It is a bad idea to practice presenting your case to a friend beforehand.

9.If for any reason you can’t be on time for court on the date scheduled for the hearing, call the court clerk to ask for a postponement.

10.Tell your story by presenting your facts, witnesses, and any evidence you may have, try to be emotional.

Achievement Test 1 (Units 1–9)

Find suitable answers to these questions (sometimes more than one answer is possible):

1.What is law?

A – The rules and regulations made by the government that regulate and enforce the conduct of people within a society.

127

Practice in Consumer Law

B – The rules and regulations made and enforced by the government that regulate the conduct of people within a society.

C – Unwritten rules that regulate people’s conduct.

D – The rules and regulations made and enforced by the people that regulate the conduct of government within a society.

2. What kinds of law do you know?

A – Felonies and misdemeanors. B – Criminal and civil action.

C – Criminal and civil laws.

D – Felonies, misdemeanors, civil action, criminal and civil

laws.

3. What goals do we expect our legal system to achieve?

A – protecting basic human rights, helping resolve conflicts, promoting order and stability, representing the will of the majority, and protecting the rights of minorities.

B – protecting basic human rights, promoting fairness, helping resolve conflicts, promoting order and stability, protecting the environment, representing the will of the majority, and protecting the rights of minorities.

C – protecting basic human rights, promoting fairness, helping resolve conflicts, promoting order and stability, protecting the environment, representing the will of the majority.

D – promoting fairness, helping resolve conflicts, promoting order and stability, protecting the environment, representing the will of the majority, and protecting the rights of minorities.

4.What values do you know?

A – moral, economic, political, social. B – economic, political, social.

C – moral, economic, political, social, national.

D – moral, economic, international, political, social.

5. What is caveat emptor?

A – consumer law.

B – let the buyer beware. C – legal agreement.

D – a person who buys goods and services for personal purposes.

128

Revision Tasks and Achievement Tests.

6.What factors influence consumers?

A – advertising.

B – need of the product. C – desire for the product.

D – possibility to buy the product.

7.The Consumer Product Safety Act, the Nutrition Labelling and Education Act and the Americans with Disabilities Act protect the consumer under:

A – federal law;

B – state law;

C – local law;

D – local and federal law.

8.What is necessary to do before buying?

A – Learn as much as possible about the product.

B – Read about various brands and ask friends for recommendations.

C – Make your purchase on impulse. D – Read and compare warranties.

9. What is not wise to do after buying?

A – to inspect the product.

B – to read and follow the instructions.

C – try to fix the product yourself if you experience a problem with the product.

D – if the seller refuses to help, contact the product’s manufacturer.

10. What agencies and organizations can help consumers with complaints?

A – consumer groups.

B – Better Business Bureau. C – media.

D – professional associations.

11. What civil remedies can be provided?

A – specific performance. B – damages.

C – rescission and restitution. D – jail term.

129

Practice in Consumer Law

12. Small claims courts are

A – inexpensive. B – slow.

C – complicated. D – expensive.

UNIT 10. Door–to–Door and Telephone Sales

1. Complete the sentences, using the appropriate words from the box:

Cancel; deceptive; smooth talk; cooling-off period; legal; cautious; high-pressure.

1.Some door–to–door salespeople use … tactics and … to get you to buy things that you otherwise wouldn’t buy.

2.During “cooling–off” period consumers can notify door–to– door sellers in writing that they wish to … the contract.

3.Consumers should be … regarding sales offers made by telephone.

4.The … of three days does not yet apply to telephone sales.

5.Unless …, referral sales are generally ….

2.Are the statements true (+) or false (-)? Correct the false statements.

1.Most door–to–door salespeople are dishonest.

2.Many fraudulent schemes are conducted by telephone.

3.A telephone salesperson may not only fail to send what you order but may also make additional purchases using your credit card number!

4.A seller may convince consumers that they can save money by referring the seller to other customers.

5.The agreement usually provides savings to the consumer only if the potential customers do not buy the product.

130