What is the consumer code?

ContractsQuestions & Answers (2008)

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Summary


Most states have a Consumer Code, which regulates fraud and deceptive business practices in the state. The act, in most states, is generally modeled after the Federal Trade Commission Act, and, in the process, certain unlawful practices regarding collection, sales, and representations are covered. Phone solicitation is generally covered, along with the giving of prizes, gifts, gratuities, auto and home repairs, etc. Conditions relating to loans, both as to real estate and non-real-estate items, are also protected under most state Consumer Codes. Please see specific state for details and/or differences.

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Extract


What is the consumer code?

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

Consumer protection may be found under several sections of the Alabama Code. Title 5 deals with Banks and Financial Institutions, and Chapter 19 deals with Consumer Finance. See particularly Section 5-19-1 to 5-19-13. The various amendments to the present status of the code were effective on July 19, 1979. The revisions follow the Federal Truth and Lending Act. See 15 U.S.C. 1601 et. seq. (1982), of special interest should be Chapter 19 entitled -Consumer Finance.? It was the intent of the Alabama Legislature for all creditors to fall within the application of Chapter 19 notwithstanding their status as banks, credit unions or some other form of organization. Chapter 19 is also applicable to real estate mortgage loans, and that includes the entire field of regulations of real estate mortgage loans made by institutions subject to the -finance charge? sealing contained in the chapter.

ALASKA

The Alaska statute, under Trade and Commerce Article 3, is entitled -Unfair Trade Practices and Consumer Protection.? This Article deals with unlawful acts and practices, junk telephone calls, disclosure of costs of certain telephone services, required disclosures and promotions on-board cruise ships, exemptions, regulations, investigative power of the Attorney General, restraining prohibited acts, assurances of voluntary compliance, when is information and evidence confidential and nonadmissible, private and class actions, non-negotiability of consumer paper, provisions nonwaivable, interpretation, civil penalties and definitions.

ARIZONA

The Uniform Consumer Credit Code is designed to protect the individual relative to various forms of transactions. In Arizona, the Consumer Protection Act is designed to protect the Arizona citizen against consumer fraud. The Consumer Protection Laws relate to motor vehicles, consumer reporting agencies, home solicitation, sale transactions, health resorts, pawnbrokers, pyramid promotional games and unsolicited merchandise, to mention a few.

ARKANSAS

The Consumer Protection Act in Arkansas is covered in Subtitle 7 and is broken down into the following chapters: Chapter 86)-General Provisions, Chapt...

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