Practice Consumer Law

Consumer Protection Agencies and Organizations

Better Business Bureaus are supported by private businesses; they are not government agencies. While BBBs have no law enforcement power, they do monitor business activity and try to promote high standards of business ethics. In many places, the BBB investigates consumer complaints, contacts the company involved, and tries to mediate a settlement. Reasonable complaints can often be settled with the BBB’s help, but BBBs usually act only as mediators and do not force a business to settle.

Media. Many local newspapers as well as radio and television stations have special “action line” or “consumer affairs” services that help consumers. Publicity is a powerful weapon, and many consumers find that they can settle problems simply by contacting, or even threatening to contact, the media. To use these services, check with your local newspaper, radio and television stations, or library.

Professional Associations. Many business and professional people belong to associations that act on behalf of the entire profession or occupation. While such an association may have no legal enforcement powers over its members, a consumer complaint may result in pressure on, or dismissal of, the offending member. For example, if you have a complaint against an attorney, you can contact the American Bar Association or the bar association for your city or state.

State and Local Government All states and many local governments have consumer protection groups that deal with everything from regulating public utilities to making sure you get a fair deal when you have your car repaired. These groups are often located within the state attorney general’s office, consumer affairs bureau, consumer protection agency, public advocate’s office, or public utilities commission.

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

Защита потребителя, арбитраж, разрешать разногласия в арбитражном суде, уладить проблему, передавать дело в суд, расследовать жалобы, следить за деловой активностью, под- держивать высокие стандарты деловой этики, являться по- средником, сильное оружие, действовать от имени, комму- нальные услуги.

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Practice in Consumer Law

Answer the questions:

1.How can you get in touch with consumer protection agencies and organizations?

2.What are the functions of arbitration programs?

3.Why is it necessary to read a copy of the rules before you file your case?

4.What is the decision of the arbitrators binding on?

5.What private organizations help consumers?

6.What do Better Business Bureaus do? Are they government agencies? How do they promote high standards of business ethics?

7.Do you agree that publicity is a powerful weapon? Give your examples.

8.In what ways can professional associations help consumers?

9.Are there any consumer protection agencies and organizations in Russia? What do you know about their activities?

Problem–solving:

Choose a service that you or your family has used (such as medical care, legal aid, or auto repair).

1.Is there a professional association, licensing board, or other agency that could assist you if you had a problem with this service?

2.What steps must a consumer take to register a complaint with this agency or association?

3.What power does this agency have?

Look through the list of Federal Consumer Protection Agencies and solve the problems given below:

Office of Consumer Affairs – conducts consumer education and is a good first contact in the federal system because it can refer you to an agency that can help.

Federal Trade Commission – is the federal government’s main consumer protection agency. It acts to prevent unfair or deceptive trade practices as well as problems with bills, credit, and warranties.

Food and Drug Administration – regulates the safety of food, drugs, cosmetics, and medical devices through a testing program. It can order unsafe products off the market.

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Consumer Protection Agencies and Organizations

Consumer Product Safety Commission – makes and enforces safety standards for many consumer products. It can ban, seize, or require warnings for unsafe products.

U.S. Postal Service – investigates mail fraud.

Department of Transportation – has various consumer protection offices within the department to set standards for safe air, rail, bus, and auto travel and to handle complaints from passengers.

Problem–solving:

A list of consumer problems follows. What federal agency could help with each of the problems? Could a local or state agency be helpful with any of the problems? If so, which agency?

a.Your parents are considering buying an exercise bicycle and are concerned that it might be dangerous to your younger brother.

b.You buy an airline ticket to visit a college campus for an interview. When you arrive at the airport, you find that the plane is already full. You miss your interview.

c.A friend has lost an arm in a serious accident. Her doctor is planning surgery that will involve use of a new type of artificial limb. You want to learn more about the safety of this product.

d.A vocational school in your community runs an advertisement that promises job placement for every graduate. You are suspicious about this claim.

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

Practice in Consumer Law

UNIT 8.

Taking Your Case to Court

Read and translate the text.

Suppose you can’t settle your complaint and a consumer agency has been unable to help. Sometimes your complaint may form the basis for a criminal action against the seller. Furthermore, whether or not a crime is involved, you may wish to take your case to civil court. Anyone can go to court. Minors can sue through their parents or guardians.

Criminal Court. In some cases, a seller’s action may be a crime. Such acts can be prosecuted as criminal fraud. Criminal fraud occurs when a salesperson knowingly misstates or misrepresents some important fact, with the intent to defraud you, resulting in harm.

For example, assume you contract with a builder to construct a deck on your home. You pay the builder several thousand dollars to purchase the necessary materials. However, the builder doesn’t intend to build the deck. He simply uses the scheme to take your money. In such a case, you’re the victim of a crime. You should contact the police or your local prosecutor. Cases like this can be prosecuted by the government in criminal court. State laws not only provide a fine or jail term (or both) for a convicted defendant but may also require that the defendant pay back the defrauded consumer.

Civil Court. If a civil dispute involves a large amount of money, the case will be brought in the local civil trial court. Taking a case to court can be costly and time–consuming. In some places, though, free or low–cost legal services may be available to consumers who cannot afford an attorney.

In civil court, you can ask for a number of different remedies. First, you can sue for damages, money that a court orders paid to a person who has suffered a loss or an injury. For example, if you are injured by a defective power drill, you can ask for

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Taking Your Case to Court

money for a new drill, medical expenses, time lost from your job, and other related costs.

A second remedy is rescission and restitution. When you ask the court for this remedy, you ask it to cancel the contract (rescission) and order the person you are suing to give back any money you have already paid (restitution). This releases you from any further performance under the contract, but you will have to return any benefit already received under the contract. Assume, for example, that you sign a contract to purchase a set of pots and pans and that a pan melts the first time it is exposed to a direct flame. In such a case, you might seek rescission and restitution. You would get your money back and would have no further obligations under the contract. However, you would have to return the pots and pans.

The third civil remedy is specific performance. Here, you ask the court to order the seller to carry out the specific terms of the agreement. For example, if you ordered goods that were never delivered, the court could order the company to deliver the goods. However, you would still have to pay for them.

A suit for damages or specific performance is designed to place you in approximately the position you would have been in if the contract had been successfully completed. A suit for rescission and restitution is designed to return both the buyer and the seller to the positions they were in before the contract began.

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

Мошенничество, преднамеренно неверно представлять, использовать схему с целью получить ваши деньги, срок тю- ремного заключения, дорогостоящий и отнимающий много времени, бесплатные или недорогие юридические услуги, возбуждать дело за причиненный ущерб, расторжение кон- тракта, по контракту, исполнение договора в натуре.

Answer the questions:

1.What do you do if you can’t settle your complaint and a consumer agency has been unable to help?

2.When do you take your case to civil court?

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Practice in Consumer Law

3.How can minors sue?

4.What is criminal fraud? Give your own examples.

5.When are cases brought in the local civil trial court? Is it expensive?

6.What remedies can you ask for in civil court? Characterize each of them.

7.What is a suit for damages or specific performance designed for?

Problem–solving:

Each of the following consumers has a problem. If the consumer has to go to court in each matter, what is the best remedy? Why? Could any of these situations result in a criminal prosecution? Why?

a.Jeanine takes a floor–length dress that originally belonged to her mother to the dry cleaner. When she picks it up, she finds several holes in it. The store claims the holes were there when the garment was brought in. Jeanine is certain that they are the result of the cleaning.

b.The Gonzales family hires the Weedout Chemical Company to spray their lawn twice a month during May, June, July, and August. Weedout sends a monthly bill. By June 10, Weedout has not yet sprayed, although it sent a bill in May, which the Gonzales family paid. Weedout is behind schedule with its spraying because there is a great demand for its product, a successful new formula not yet available from other local companies.

c.Sergio, a college student, has a summer job selling books door to door. He is paid a commission on every book sold. To make extra money, he uses phony order forms. The top page is a receipt for the sale of one book. The copy beneath, which has its signature line in exactly the same place as the top copy, in–eludes an agreement to purchase another book every month for two additional months.

In June, Mr. and Mrs. Joiner pay $12 for a book. The next month, Sergio returns with another $12 book and asks for payment. The Joiners say they never agreed to buy the second book. Sergio shows them the receipt with their signature. The Joiners

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Taking Your Case to Court

have not kept their copy of the receipt. Reluctantly, they pay for the second book. Later, they discover that several neighbors are in the same situation.

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

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Practice in Consumer Law

UNIT 9.

Small Claims Court

Read and translate the text.

Is there a small claims court in your community? If so, where is it located? What is the filing fee? What is the largest amount of money that can be awarded? Are lawyers permitted in this court?

Small Claims Court. In the early 20 century, court reformers recognized that the typical civil court was too slow, expensive, and complicated for many minor cases. These reformers proposed a “People’s Court” designed to give citizens their day in court for small claims.

Today, every state has a small claims court, where you can sue for small amounts of money. The maximum award varies depending on the state. Filing a suit in small claims court is very inexpensive. Attorneys are not required (in some states they are not allowed), and there are few time–consuming delays. Filing a suit in small claims court involves three general steps.

First, call or go to the local courthouse to discuss your case with the court clerk. The clerk will be able to determine if the court can handle your claim. If so, you’ll be required to fill out some forms and pay a small filing fee (from $2 to $15). To fill out the forms, known as a complaint or statement of claim, you’ll be asked for the name and address of the party you are suing, the reason for your complaint, and the amount you are asking for. The amount you ask for should be based on the loss you incurred.

Second, prepare for your case in advance. In most states, the court will notify the defendant of the date and place of the hearing. In the meantime, you should gather all the evidence necessary to present your case. This includes receipts, letters, canceled checks, sales slips and estimates of repair. If a defective product is involved, be sure to bring it along, if possible. Contact all witnesses to be sure they come to court. Uncooperative witnesses can be subpoenaed. This means they can be ordered to appear in court. If you have time, visit

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Small Claims Court

the court before your hearing so you’ll know what to expect. Also, practice presenting your case to a friend beforehand.

Third, be on time for court on the date scheduled for the hearing. If for any reason you can’t make it, call the court clerk to ask for a postponement called a continuance. Once your hearing begins, the judge will ask you to tell your story. Do this by presenting your facts, witnesses, and any evidence you may have. Don’t get emotional. Be prepared for questions from the judge. After both sides have presented their stories, the judge will make a decision.

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

Суд мелких тяжб, стоимость подачи заявки, задержка, служащий суда, разбирать судебное дело, заполнить анкеты, нести потери, подготовиться заранее, слушание дела, свиде- тели не желающие сотрудничать, откладывание слушания, вынести решение.

Answer the questions:

1.What are small claims courts?

2.What do you know about their history?

3.Why was it necessary to open them?

4.What cases do they handle?

5.Are there such courts in Russia?

6.Is filing a suit in small claims court expensive?

7.Are attorneys in small claims courts required?.

8.What are three general steps for filing a suit in small claims court?

9.How can you prepare for your case in advance?

10.What does all the evidence necessary include?

11.What can happen to uncooperative witnesses?

12.What should you do if for any reason you can’t be on time for court on the date scheduled for the hearing?

Problem–solving:

a. Copy the complaint form (or get a copy of the form used in your local small claims court). Fill out the form with a complaint that you have had or that a friend or a family member has had. Write a short description of the events giving rise to the claim.

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Practice in Consumer Law

b.What would you do if you were notified that you were being sued in small claims court for failing to pay a bill? What would happen if you ignored the notice or did not show up in court?

c.Do you think small claims courts should follow normal court rules? Should lawyers be allowed? Why or why not?

Role–play.

Roles:

1.Victim.You want to apply to small claims court (think why). Roleplay the three general steps and present your case in court.

2.Court clerk. Help the applicant to fill out the forms and give necessary advice.

3.Uncooperative witnesses. First you don’t agree to go to the court (give your reasons), then you are ordered to go and give the evidence.

4.Friend. Listen to your friend’s presentation before he/she does it in the court and give advice.

5.Judge. Listen to the presentation of the case, to the witnesses, ask questions and make decision.

Read and translate the text:

DECEPTIVE SALES PRACTICES

Most sellers are honest, but some are not. A few use deceptive or unfair sales techniques. As a result, consumers must learn to recognize and avoid deceptive sales practices.

Easy Money

Mr. and Mrs. Johnson were struggling to make ends meet and to feed their family of five. They decided that they needed to borrow money to meet their expenses for the month. They considered going to a bank for a loan, but they knew they had poor credit histories, and they didn’t want to be paying off interest over a long period of time.

They were very interested when they read the following ad in the newspaper:

EASY MONEY: Are you having trouble making ends meet? Do you need a short–term loan just to get you through a rough

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