Practice Consumer Law

What to Do Before Buying

держки, доставить неисправный товар за свой счет, гарантий- ные обязательства, заполнить пропуски, удачная покупка.

Answer the questions:

1.What problems can consumers have?

2.Why isn’t it wise to make large purchases on impulse?

3.Where can you get the information about the product you need before buying it?

4.How should you choose the shop?

5.What extra charges can be added on the price?

6.How do return policies differ in different stores?

7.What should you take into consideration when studying the warranty?

8.What can you do if you have to sign the contract, but you

don’t understand some points? Why can’t you sign it if there are still some blanks?

9. Can we believe everything we hear from the seller?

Read and translate the dialogue:

Narrator: The Magistrate describes a serious case he had recently, in which it was difficult to decide what to do.

Magistrate: We had one forgery case… rather a pathetic one of um… of a woman who um… stole somebody else’s post office savings book, and took… the money. It was a difficult case…

Interviewer: She went to the post office…

Magistrate: Went to the post office and signed in somebody else’s name and got the money and was caught. Now she was a woman with several children and very considerable domestic problems, and I would say an inadequate housewife. But on the other hand she had taken this savings book from an old age pensioner. We put her on probation. She was already seriously in debt everywhere. She couldn’t possibly pay a fine. If we had sent her to prison, for example, it would have meant that all the children would have to be looked after by somebody else…

Interviewer: I see.

Magistrate: And the evidence was that within her lights – within her limits – she was a good mother and tried her best…

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Practice in Consumer Law

Interviewer: Her best with children…

Magistrate: Her best wasn’t quite good enough.

Answer the questions:

1.What exactly had the woman done? Give details?

2.What do you learn about the woman herself?

3.He could have sent her to prison or fined her. Did he?

4.What finally happened to the woman?

5.What were the reasons for this?

Retell the dialogue in indirect speech. Match the words on the left with the correct definition on the right:

1.You are a careful consumer but you friend is not. You both are going to buy a washing machine and he/she doesn’t want to spend a lot of time on it. Try to persuade him/her.

2.You failed to convince your friend to make some necessary steps before buying the washing machine. Now he/she is facing some problems. Discuss them.

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What to Do Before Buying

Problem–solving:

You and a friend are planning a summer bicycle trip across your state. You own a very old one–speed bicycle and have decided to shop for a new one to use on this trip. List all the ways you would gather information before making this purchase.

Has your city or county passed any consumer protection laws giving you greater protection than you already had under state and federal laws? If so, what do these laws cover? How are they enforced?

Why does a smart consumer compare shops before buying a bicycle?

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Practice in Consumer Law

UNIT 6.

What to Do After Buying

Read and translate the text.

Sometimes even careful shoppers have problems. When this happens, it is important to remain calm and be persistent. Often, smart consumers can solve their own problems. When they can’t, it is very likely that an agency or organization in their community will be able to provide the needed help.

The first thing to do after buying a product is to inspect it. If you do not receive the exact product you purchased or if some defect reduces its value to you, take it back to the seller and ask for a replacement or refund.

In addition, you should always read and follow the instructions provided and use the product only as recommended by the manufacturer. If the instructions are unclear or seem incomplete, contact the seller. Misuse of a product may be dangerous and may also cancel your legal rights! Be sure to report any problem with a product as soon as possible. Trying to fix the product yourself could cancel the warranty.

If you experience a problem with a product, you should always try to contact the seller first. All contacts should be in writing or documented in a log or journal. Reputable business people are interested in a customer’s future business, and most problems and misunderstandings can be cleared up with a face–to–face discussion or a telephone call.

Provide the seller with all the necessary information – identify the item (including model and serial number), give the date and location of purchase, describe when and how the problem arose, and explain what you want done. Be sure to bring along your sales receipt, warranty, or other pertinent information. Be po-

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What to Do After Buying

lite but firm. If the seller refuses to help or gives you the runaround, send a written complaint to the owner or store manager. Mention that you will take other measures if you do not receive satisfaction within a reasonable amount of time. Be sure to date the letter and include your name, address, and a phone number where you can be reached during regular working hours. Keep a copy of the letter along with any response for your records. To complete your records, make notes about any conversations you had with the seller. Include promises made, if any, and the date of the conversation.

If the seller still refuses to help you, consider contacting the product’s manufacturer. If you don’t know the name of the manufacturer, ask your librarian for the Thomas Registry of American Manufacturers, a volume listing thousands of products and their manufacturers. If the seller is part of a chain store, consider writing to the corporate headquarters of the store. If you don’t know the address of the manufacturer or the corporate headquarters, go to your local library and look it up in Standard and Poor’s Register of Corporations.

Find the equivalents of the following words and expressions in the text.

Быть настойчивым, обеспечить необходимую помощь, потребовать замену товара или возврат денег, неправильное использование, непонятная инструкция, попытка самостоя- тельно отремонтировать, непонимание, связаться с продав- цом, торговый чек, бизнесмены с хорошей репутацией, беседа при встрече, дата и место покупки, письменная жалоба, при- нять меры, штаб–квартира корпорации.

Answer the questions:

1.What is it important to do when any problem happens?

2.Who can provide the needed help if you fail to do it yourself?

3.Why should you always read and follow the instructions provided?

4.What can trying to fix the product yourself cancel?

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Practice in Consumer Law

5.What information should you provide the seller with?

6.Why is it necessary to make notes about any conversations you have with the seller?

7.What else can you do if the seller refuses to help?

ADVICE

Tips on Writing a Consumer Letter of Complaint

•Include your name, address, phone number(s), and account number, if appropriate.

•Be brief and to the point. Don’t be sarcastic or angry.

•Include all important facts: date and place of purchase and information identifying the product (for example, model and serial number).

•Explain the problem, what you have done about it, and what you want to be done.

•Include copies of documents relating to your problem (for example, sales receipt). Do not send originals.

•Consider sending copies to your local and state consumer protection organizations.

•Keep a copy of whatever you send.

•Type the letter if possible. If this is not possible, print it neatly.

•Consider mailing the letter from your post office and paying the extra charge for requesting a return receipt. This receipt will be signed by the company when it receives your letter and then returned to you. If you wind up in court with your problem, the receipt is your proof that the company knew of the problem.

•Many companies have consumer affairs departments, but you may get faster action by writing directly to the company president. State the facts clearly. Send photocopies of any important documents (such as canceled checks and past letters to the seller). Describe the problem. Explain what you’ve tried to do about it and what you want the company to do. Consider sending copies of your letter to local and state consumer protection organizations and to your local Better Business Bureau.

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What to Do After Buying

If you are still dissatisfied, it may be time to seek outside help. Many agencies and organizations may be able to help you. These groups are discussed in the next section. Above all, don’t give up if you feel you have a valid complaint.

Problem–solving:

Terry and Martha Tubman saw a newspaper ad for major– brand color TV sets on sale at Tally’s Radio & TV Shop. They rushed down to Tally’s, where they bought a 21–inch model for $435. Several weeks later, the TV completely lost its picture. A TV service mechanic who came to their home told them that the picture tube had blown and that repairs would cost $200. The next morning, Terry and Martha returned to the store and asked to speak to Mr. Foxx, the salesperson who had sold them the TV.

1.Role–play the meeting between the Tubmans and Mr. Foxx. What should the Tubmans say, and what should Mr. Foxx say?

2.If Mr. Foxx refuses to help, what should the Tubmans do? If they decide to write a letter of complaint, to whom should they send it? Make a checklist of information needed in the letter. Write a letter for the Tubmans.

3.What should the Tubmans do if they get no response to their letter?

ADVICE

How to Make a Complaint

•Gather all the key facts. Save all important documents (such as warranties, bills, canceled checks, and repair estimates).

•Give the seller a chance to correct the problem.

•If this doesn’t work, contact the manufacturer of the product or the store’s headquarters (if it’s a chain).

•If you still aren’t satisfied, take your complaint to a consumer protection agency, a media “action line,” or a small claims court. You may also wish to contact an attorney at this point.

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Practice in Consumer Law

Read and translate the dialogues:

№1

Narrator: The Magistrate describes two less serious cases. In both of them it was easier to decide what to do.

Magistrate: There were two people charged with stealing from shops.

Interviewer: Shoplifting. Magistrate: Shoplifting it’s called.

Interviewer: Yes, women were they or?… Magistrate: Both women…

Interviewer: I see.

Magistrate: On this particular occasion. One was er… I think rather an old and pathetic person, but, she was really rather confused and there was evidence that she’d been given sleeping pills by her doctor. Nobody knew how many she’d taken or how confused she was. In any case she had no previous convictions, so we put her on probation. The other one was a woman whom we felt quite convinced had set out on a deliberate expedition knowing perfectly well what she was doing, with no question of confusion of mind or anything of that kind, and she was fined 20 pounds.

Answer the questions:

1.The two women were both the same in one way. In what way?

2.How does the Magistrate describe the first woman?

3.What exactly does he say about “sleeping pills” in her case?

4.What did he with her and why?

5.What was different about the second woman?

6.What happened to her?

№2

Narrator: Magistrate says why he gives help in some cases and punishment in others.

Interviewer: Are there ever times when you just feel…desperate, you know you realize, there’s absolutely nothing that can be done for this person?

Magistrate: Oh, yes, very often.

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What to Do After Buying

Interviewer: Hm…and what do you in such cases? Magistrate: Well, it depends how anti–social their action has

been.

Interviewer: I see.

Magistrate: If a person…needs help one wants to give it to him or her, but on the other hand you…also have to consider at the same time the effect on society in general of too much kindness to too many people.

Interviewer: You mean if such a person were left free he might cause far more trouble to other people than he would cause to himself while he’s inside prison.

Magistrate: Yes, indeed. And also if people were never punished, I think undoubtedly crime would increase.

Answer the questions:

1.Why does the Magistrate feel desperate sometimes?

2.What does he have to consider when he sees that someone needs help?

3.What would happen if some people were left free?

4.What does he say would happen if people were never punished?

Retell the dialogues in indirect speech.

Match the words on the left with the correct definition on the right:

Practice in Consumer Law

UNIT 7.

Consumer Protection

Agencies and Organizations

Read and translate the text.

Your telephone directory can save you hours in dealing with consumer protection agencies and organizations. Check the beginning of the white pages of your directory for information about local community resources that can help. Many directories also have a section in the middle of the book that provides a comprehensive listing of government agencies. Look in that section under “Consumer and Regulatory Agencies” to find the phone numbers of organizations that can help you with a consumer problem.

Some places have arbitration programs to help with consumer complaints. These programs arbitrate disputes between buyers and sellers who have not been able to settle a problem. If you choose to use this service, be sure to ask for and read a copy of the rules before you file your case. In some instances, the decision of the arbitrators is binding on both the business and the consumer; in others, only on the business; and in still others, on neither party. The party bound by the decision usually agrees not to pursue any other remedy, such as going to court.

Consumer Groups. Many private organizations help consumers. National organizations such as the Consumer Federation of America and the Consumers Union educate consumers and lobby for passage of consumer protection legislation. Private state and local consumer groups may give advice, investigate complaints, contact sellers, try to arrange settlements, and make legal referrals. To find these organizations, contact a local university, your state attorney general’s office, or a member of your city council. You should also check the phone book under both “Consumer” and “Public Interest Organizations.”

Business and Trade Associations. One of the best–known consumer help organizations is the Better Business Bureau (BBB).

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