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wednesday november hotel captaincook anchoragealaska
ASSOCIATION THE FIRST CONSUMER EVER CLE PROTECTION IN ALASKA OUT FIND THAT HOW TO PLEAD THESE CLAIM CLAIMS PROVIDE FOR TREBLE AND FULL FEE ATTORNEY FEES DAMAGE DAMAGES 2001 WEDNESDAY NOVEMBER 830 AM 1230 PM CAPTAIN COOK ANCHORAGEALASKA HOTEL BY THE SPONSORED OFTHE CLE PUBLIC INTEREST LAW ALASKA BAR ASSOCIATION 375 2001009 BOX 100279 272 SECTION GENERAL IA ANCHORAGE FAX 9072722932 ALASKABAR CLE CREDIT CREDITS AGENDA 830 40 WELCOME AM AND INTRODUCTION ALTENEDERCHAIR OF THE PUBLIC KATHERINE 840 910 THE AM TOOLBOX PROTECTION 920 920 AM 1030 THE GENERAL ATTORNEY GENERALS THE FAIR AAG ED CASE AAG ED OF CONSUMER OFFICE OF NICHOLAS NICHOLA OFFICE PRACTICE BUSINESSES BUSINESSE SNIFFEN AAG HOTSPOT IN HOTSPOTS THE AM SUMMARIE SUMMARIES SECTION LAW LAWS KITTLESONLAW NICHOLA NICHOLAS 910 AND CITE CITES INTEREST LAW JULIA JULIA SCOPE AND UNIT UNITS COSTER CONSUMER SNIFFEN AAG THE LAW COSTER KITTLESON CONSUMER AAG CINDY PRACTICE AAG MANDATE WORK OF DRINKWATER HOW TO SPOT CINDY DRINKWATER CAR CARS LENDING PREDATORY CONSTRUCTIONHOMEIMPROVEMENT ANTITRUST FAIR DEBT COLLECTION PRACTICES PRACTICE ACT FAIR CREDIT REPORTING ACT 1030 1045 AM 1045 1100 AM 1100 1130 AM BREAK FROM PLEADING TIPS TIP WHAT YOU NICHOLA NICHOLAS 1130 1150 PM MORNING SESSION HOT OFF THE FROM DAMAGE DAMAGES HOW TO PROVE IT OF NICHOLA NICHOLAS KITTLESON LAW OFFICE KITTLESON NEED THE TO PROVE AND PRES PRESS NATIONAL UPDATE ON NEW STRATEGIE AND STRATEGIES CONSUMER LAW CENTER CENTERS TREND TRENDS OCTOBER LITIGATION CONFERENCE 11501200 PM JENNIFER SERVICE CORPORATION BEARDSLEYALASKA LEGALSERVICES CONSUMER CASE CASES DONT CASE ALWAY HAVE TO BE PRO BONO CASES ALWAYS VICTIM VICTIMS OF FOR WHO WANT TO ATTORNEY ATTORNEYS HELP TIP TIPS PRACTICE CONSUMER LES 1200 1230 PM GARA AND FRAUD AND EVEN SOLE PRACTITIONER WRAP UP GET PAID FACULTY ALTENEDER CHAIR OF THE PUBLIC INTEREST LAW SECTION IS THE DIRECTOR OF THE ALASKA COURT SYSTEMS SYSTEM FAMILY LAW SELFHELP CENTER SHE KATHERINE IS MS SERVICE LEGALSERVICES SCHOOL OF LAW UNIVERSITY FORMER STAFF ATTORNEYAT ALASKA RECEIVED HER JD FROM SEATTLE ALTENEDER SERVICE IN BEARDSLEYIS STAFF ATTORNEYFORALASKA LEGALSERVICES THE ATLANTA LEGALAID SOCIETY ANCHORAGE PRIOR TO THAT SHE WORKED FOR SERVICE JUNEAU OFFICE HIVAID HIVAIDS LEGALPROJECT SHE JOINEDALASKA LEGALSERVICES 2001 MS OFFICE IN JUNE IN 1997 AND MOVED TO THE ANCHORAGE BEARDSLEY RECEIVED HER JD FROM DUKE UNIVERSITYSCHOOL OF LAW JENNIFER GENERAL GENERALS OFFICE SINCE 1988 ATTORNEY THE DEPARTMENTOF LABOR DIVISION OF EMPLOYMENT REPRESENTING PRIMARILY THE SECURITY AND DEPT OF COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION OF OCCUPATIONAL LICENSING FOR THE LAST FOUR YEARS YEAR SHE HAS AND ON CONSUMER FOCUSED ALMOST EXCLUSIVELY PROTECTION ANTITRUST WORK JULIA MS HAS BEEN WITH THE COSTER COSTER CLARK SCHOOL OF LAW FROM LEWIS LEWI RECEIVED HER JD BUSINES ASSISTANT ATTORNEYGENERAL IN THE FAIR BUSINESS STAFF AT THE PRACTICE SECTION SHE IS FORMER ATTORNEY DISABILITYLAW CENTER ASSISTANT PUBLIC ADVOCATE AND PUBLIC DEFENDER SHE RECEIVED HER FROM NORTHEASTERN UNIVERSITYSCHOOL OF LAW JD CINDY DRINKWATER LES GARA IS AN HAS WORKED AS AN VALDEZ LITIGATIONSECTION AS SOLO PRACTITIONER HE IS AS IN THE EXXON ASSISTANT ATTORNEYGENERAL WHITE PARTNERAT FRIEDMAN RUBIN CURRENTLY CANDIDATE FOR THE AND NEW HEIGHT STATE HOUSE SEAT IN THE DOWNTOWNFAIRVIEW ROGERS ROGER PARKAIRPORTHEIGHTS FROM HARVARD LAW SCHOOL LEGISLATUREMR GARA RECEIVED HIS JD NICHOLA NICHOLAS KITTLESON FOCUSE ALMOST FOCUSES SERVE SERVES AS BEEN IN HAS EXCLUSIVELY ON MR MEDIATOR SINCE 1998 PRIVATEPRACTICE CONSUMER MATTER MATTERS PROTECTION KITTLESON RECEIVED HIS JD HIS PRACTICE HE ALSO FROM WILLAMETTE OF LAW UNIVERSITYCOLLEGE CLYDEED SNIFFEN DEPARTMENTOF LAW JOINEDTHE AS AN FAIR BUSINESS BUSINES ASSISTANT PRACTICE SECTION OF THE PRACTICES GENERAL IN JULY OF 2000 ATTORNEY MR SNIFFEN IS FORMER PARTNEROF HUGHES THORSNESS POWELLHUDDLESTON HUGHE THORSNES FOCUSED PRIMARILY ON OIL WHERE HIS PRACTICE GAS AND NATURAL BAUMAN RESOURCE LITIGATIONIN 1995 ELLI GERETY ELLIS CIVIL MATTER MATTERS LITIGATION OF LAW COLLEGE MR SNIFFEN YOUNG WHERE HE FOCUSED WILE HAYE WILES HAYES JOINEDDELANEY OIL AND GENERAL UTILITY GAS ON HE RECEIVED HIS JD FROM WILLAMETTE UNIVERSITY TABLE THE TOOLBOX CONSUMER CONTENT CONTENTS OF PROTECTION LAW LAWS 29 SAMPLE COMPLAINT POWERPOINT SAMPLE HARD COPY AUTO OF ASSURANCE ANTITRUST CONSTRUCTION OVERVIEW VOLUNTARYCOMPLIANCE SAMPLE COMPLAINTFOR INJUNCTIVE RELIEF CIVIL 55 PENALTIE PENALTIES 61 RESTITUTION LEMON LAW MATERIAL MATERIALS GENERAL OFFICE HANDOUT ATTORNEYGENERALS SAMPLELEMON LAW DEMAND ON ALASKA ALASKAS LEMON 69 LAW 73 LETTER FEDERAL ODOMETER ACT 75 WARRANTYACT MAGNUSONMOSS MAGNUSONMOS AS 45 4502608 AS 4502609 DJ RULE RULES 85 REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART OF PERFORMANCE RIGHT TO ADEQUATEASSURANCE 101 MOTOR 103 COMPANY 101 113 AUTOBARN PREDATORYLENDING POWERPOINT HARD GETTING LOAN COPY PREDATORY LENDING YOUR HOME AS SECURITY HIGHRATE HIGHFEE HOME SCAM EQUITY SCAMS LOOKINGFOR THE BEST SUBPRIME LENDING 127 131 LOAN LOANS BORROWER BORROWERS BEWARET 133 Q7L 147 DISCRIMINATION MORTGAGE CITIGROUP ET OTHER 123 COMPLAINTFORPERMANENT INJUNCTIONAND 153 RELIEF EQUITABLE EXHIBIT 179 EXHIBITB 187 FIRST COMPLAINTFOR PERMANENT RELIEF EQUITABLE INJUNCTIONAND BARRY COMPLAINT FORPERMANENT OTHER EQUITABLE RELIEF INJUNCTIONAND OTHER 191 199 OVER PLEASE HIGHLIGHTSOF THE HIGHLIGHT FTC FAIR DEBT COLLECTION PRACTICE PRACTICES ACT 207 FACT FACTS FOR CONSUMERS CONSUMER FAIR CREDIT 209 REPORTINGACT THESE MATERIALS MATERIAL WILL BE HANDED CONSUMER LAW UPDATE HOT SEPARATELY OFF THE PRESS PRES THESE MATERIALS MATERIAL WILL BE HANDED PRACTICE OUT OUT SEPARATELY TIP TIPS FRAUDULENT ODOMETER READING SAMPLE LETTER REGARDING 217 SAMPLELETTERFOLLOWUP SAMPLE LETTERFOLLOWUP 219 NOW THI THIS IS IM MAD REALLY GOINGTO COST YOU 221 RESOURCE RESOURCES RESOURCE RESOURCES FOR CONSUMER PROTECTION LAW OFFICE CONSUMER GENERAL ATTORNEYGENERALS GENERAL OFFICE CONSUMER ATTORNEYGENERALS MOTOR VEHICLE PACKET 225 PACKET 243 265 THESE MATERIALS MATERIAL WITH THE UNDERSTANDING THAT THE PRESENTED AND AUTHORS AUTHOR DO NOT RENDER ANY LEGALACCOUNTINGOR PUBLISHER OTHER PROFESSIONAL SERVICE DUE TO THE RAPIDLY NATURE CHANGING OF THE LAW INFORMATION CONTAINED IN THESE PUBLICATIONS PUBLICATION MAY BECOME OUTDATED AS RESULTAN ATTORNEYUSING THESE MATERIAL MUST ALWAYS MATERIALS SOURCE OF AUTHORITY ALWAY RESEARCH ORIGINALSOURCES AND UPDATETHIS THI INFORMATION TO ENSURE ACCURACY WHEN DEALING WITH CLIENT MATTER IN NO EVENT WILL THE SPECIFICCLIENTS LEGALMATTERS AUTHOR THE REVIEWERS AUTHORS REVIEWER OR THE PUBLISHERBE LIABLE FORANY FROM THE DIRECTINDIRECTOR CONSEQUENTIAL DAMAGE RESULTING DAMAGES USE ARE OF THESE MATERIALS MATERIAL ALASKA 0Q COPYRIGHT ALL IQSEMINA ALASKA BAR ASSOCIATION BAR ASSOCIATION RIGHTSRESERVED RIGHT THE CONSUMER PROTECTIONCLE TOOLBOX THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT BLANK PUBLIC INTEREST LAW SECTION CLE CONSUMER PROTECTION LAW PREPARED BY NICHOLA KITTLESON NICHOLAS ATTORNEY MEDIATOR 9058 DEWBERRVSTREET ALASKA 99502 ANCHORAGE 3450830 907 TOOLBOX CONSUMER PROTECTION LAW STATESTATUTORY ALASKA CONSUMER PROTECTION ALASKAS ACT AS 4550471 ET SEQ PUBLIC AND PRIVATE RIGHTS TRADE PURPOSE RIGHTOFACTIONTO STOPUNFAIRAND DECEPTIVE PRACTICE PRACTICES CASE INTERPRETING CASES ONEILL INVESTIGATIONS 609 P2D 520 ALASKA1980 INVESTIGATION 628 P2D 570 ALASKA1981 DEFINITION OFUNFAIR IN ALASKA IN ADOPTED SPECIFICALLY HUTCHINSON SPERRY 405 US 233 1971 BOTHGROGAN AND ONEILL VIOLATE LAWOR VIOLATES OR UNSCRUPULOUS OR IMMORAL UNETHICAL OPPRESSIVE UNSCRUPULOU CAUSE SUBSTANTIAL CAUSES TO INJURY CONSUMER CONSUMERS ALASKA UNIFORM COMMERCIAL CODE 4502 ALASKAS ESTABLISHE RIGHTS SELLER IN COMMERCIAL TRANSACTIONS TRANSACTION PURPOSEESTABLISHES RIGHTOF BUYERS BUYERAND SELLERS RIGHTTO REVOKEAS 4502608 UNCONSCIONABILITY AS 4502302 COURT CAN REFUSE TO ENFORCE CLAUSE OF CLAUSES CONTRACT IT FINDS FIND UNCONSCIONABLE SCAM SCAMS SPOTDELIVERY YOYO AS 4502401A2 WARRANTIE AS 45023 14 AND AS 45023 16 IMPLIEDWARRANTIES OFTITLE AS 45023 12 WARRANTY OFF PERIOD FORDOORTODOOR SALES SALE AS 4502350 DAYCOOLING ALASKA LEMON LAW AS 4545300 ALASKAS ET SEQ C CREATE REATES AN EFFICIENT MECHANISM TO HANDLEDEFECTIVEVEHICLECLAIMS CLAIM PURPOSE SEE ATTACHED LEMON DEMAND LETTER SAMPLE STATEUSURY LAW AS 4545010 TO PROTECT FROMHIGHCREDITCOSTS COST PURPOSE PEOPLE SEE ALSOTHEALASKA RETAILINSTALLMENTSALES SALE ACT AS 4510 SEE ALSOTHEALASKA SMALL LOANS LOAN ACT LOAN SHARKING REG REGS AS 620 ALASKA CONSUMERCREDITINSURANCE STATUTE AS 2157 PROTECT CONSUMERS CONSUMER PURPOSE FROMUNDUEPRESSURE TO WITH QUESTIONABLE BENEFIT BENEFITS CONSUMER PROTECTIONCLE BUYINSURANCEPRODUCTS PRODUCT DISCLOSUREREQUIREMENTS AS 2157055 REQUIREMENT PURCHASEOF CONSUMER CREDITINSURANCENOT CONDITIONTO CREDITAPPROVAL AS 2157055A ACT CONSUMERLEASE PURCHASES PURCHASE OFPERSONALPROPERTY AKA RENTTO OWN AS 4535010 ADVERTISEMENT LEASETRANSACTIONS TRANSACTIONAND THEADVERTISEMENTS CONSUMER PURPOSE REGULATES REGULATE INVOLVEDIN LEASES LEASE SIMILAR TO AND DEFERS DEFER TO THE FEDERAL CONSUMER LEASE ACT SEE BELOW UNORDEREDMERCHANDISE AS 4545110 PURPOSEIF YOU DIDNT ORDERIT YOU GETTO KEEPIT AS 4545120 FUNERALDISCLOSURE TO DISCLOSE COST OFTHEFUNERAL COSTS SERVICE SERVICES PURPOSEREQUIREMENT SOLICITATION ACT AS 4563010100 SOLICITATIONS TELEPHONIC PROTECTCONSUMERS CONSUMER FROMTELEPHONE SCAM SCAMS PURPOSEPROTECTS MARKETING REGISTRATION REQUIREMENT REQUIREMENTS OFWRITTENCONTRACT REQUIREMENT ALSO SELLER SEE AAC 14010 AAC 14900 MUNICIPAL TELEPHONIC REG REGS BLACK DOT LAW PROHIBITS UNWANTED RESIDENTIAL SOLICITATION SOLICITATIONS PROHIBIT TELEPHONE AS 4550475 SOLICITATION ACT AS 4568010900 CHARITABLESOLICITATIONS PROTECT PEOPLE FRAUDULENT CHARITABLE SOLICITATION SCAMS SCAM PURPOSEPROTECTS AGAINST SEE ALSOMUNICIPAL AAC REGULATION REGULATIONS 120 10 900 MOTOR VEHICLE SALES SALE AND REPAIR REPAIRS ACT AS 4545130 240 REPAIR MOTOR VEHICLE WARRANTY ACT LEMON LAW AUTOMOBILE USED VEHICLE EMISSIONS EMISSION ACT AS AS 4545300 ACT AS 866010 MOTORVEHICLE DEALERREGISTRATION MOTOR VEHICLE BUYERS BUYER AGENTACT II 360 4545400 AS 866200 090 350 FEDERALSTATUTORY LAW ACT 15 USC MOS WARRANTY MOSS MAGNUSON 2301 TO ESTABLISH CONSUMER PURPOSE RIGHTOF CONSUMERS RIGHTS ET SEQ WITH TO WARRANTIES WARRANTIEAND SERVICE REGARD REGARDS CONTRACT CONTRACTS RESTRICTIONON RESTRICTIONS LAIMI OR WARRANTIE 2308 WARRANTIES MODIFYING IMPLIED THATREPAIRS TIME AND WITHOUTCHARGE REQUIREMENT REPAIRBE MADE WITHIN REASONABLE 2304 DISCLOSURE ON WARRANTIES WARRANTIE 2302 REQUIREMENT REQUIREMENTS FEDERALTRADE COMMISSION CONSUMER 16 CFR REGULATION REGULATIONS PROTECTIONCLE ALSOSEE FTC ACT AT 15 USC 45 IN AREAS AREA TO REPEATED TRADEAND COMMERCE ESPECIALLY REGULATE SUBJECT PURPOSE CONSUMER AND COMPETITOR ABUSE BAITANDSWITCHPROHIBITED 238 ANTIHOLDER IN DUE COURSERULE 433 FTC SEEALSOAS 4550541 USED CAR RULES RULE 455 ACT 15 USC 1681 ET SEQ FEDERALFAIR CREDITREPORTING FROMHARMS HARM IN INACCURATE CREDITREPORTING PROTECTTHEPUBLIC PURPOSE ACCURATE INFORMATIONTO CREDIT BUREAU DUTYTO REPORT FEDERAL ODOMETER LAWS LAW 49 CFR 580 49 USC 32701 1681 S2 ET SEQ DISCLOSURE AND PROHIBITIONS FORPREVENTING THEPRACTICE PURPOSE REQUIREMENT REQUIREMENTS PROHIBITION OF DECEIVING BACK ODOMETERS ODOMETER PEOPLE THROUGH ROLLING SEE ALSO ALASKAS ALASKA OF USE OF PROPELLED VEHICLE CRIME MISREPRESENTATION AS 1146720 FEDERALTRUTHIN ACT 15 USC 1601 ET SEQ LENDING FOR CREDIT CONSUMER CONSUMERS PURPOSE PROTECTIONS PROTECTION STATEMENT RIGHTTO DISCLOSURE TO RESCIND RIGHT LOAN SECUREDBY HOMES LOANS HOME 1635 OF BILLING ERROR ERRORS 1666 RIGHTTO CORRECTION PROHIBITIONOF TIEIN DISCLOSURE AND SCHEME ON CREDITCARDS SCHEMES CARD 1666G STATEMENT INFO ON OPENENDED CREDITACCOUNTS ACCOUNT REQUIRED ACT 15 USC 1667 ET SEQ LEASING P ROTECTION UNREASONABLE TERMINATION PURPOSE AGAINST EARLY 1637 FEDERAL CONSUMER PENALTIE PENALTIES DISCLOSUREREQUIREMENTS FORTHETERMS TERM OF THE LEASE REQUIREMENT TERM OF THE ADVERTISING OF TERMS REGULATION PRACTICE ACT PRACTICES FEDERALFAIR DEBT COLLECTION OF THE LEASE 15 USC 1692 PROTECT CONSUMERS PROTECTS CONSUMER INVASION OF PRIVACY HARASSMENTABUSEFALSEAND PURPOSE AND UNFAIR OR UNCONSCIONABLE C OLLECTIONMETHODS METHOD DECEPTIVE REPRESENTATION REPRESENTATIONS III THEORIE USED TO PROTECTCONSUMERS CONSUMER COMMON LAW THEORIES COMMON LAW FRAUD MISREPRESENTATION TO REDRESS REDRESHARMS HARM CAUSEDBY DECEITMISREPRESENTATIONS PURPOSE MISREPRESENTATION KNOWINGOR TO AND OMISSION OMISSIONS NEGLIGENT LEADING DECEPTION PATTERNJURY INSTRUCTION1701 INSTRUCTIONS 1702 ELEMENT ELEMENTS CIVIL RULE PLEADING REQUIREMENT REQUIREMENTS 9B CASE LAW IMPORTANT NATIONAL BANK 815 P2D 857 ALASKA1991 GIBB GIBBS 810 P2D 1015 ALASKA1991 BROWN 755 P2D 1084 CONSUMER PROTECTIONCLE ALASKA1988 702 P2D 1331 ALASKA1985 USED AUTO SALES SALE INC 650 P2D 406 FAIRBANK FAIRBANKS COMMON LAW 269 F2D 189 CIR 1959 952 P2D 1173 ALASKA1998 ALASKA1982 AMOCO CHEMICAL INFLICTION OF EMOTIONALDISTRESS DISTRES NEGLIGENTH TO REDRESS REDRESSEVERE PURPOSE HARM INTENTIONALLY HARMS OR NEGLIGENTLY PSYCHOLOGICAL INFLICTEDUPON THECLIENT CASE IMPORTANT LAW 899 P2D MUNICIPALITY 864 P2D 538 INC 971 149 155 ALASKA1995 ALASKA1993 P2D SEE ALSORESTATEMENT OF TORTS TORT 2D 158 172 ALASKA 1999 46 COMMON LAW CLAIM CLAIMS CONVERSIONREPLEVIN IF YOU TAKESOMEBODYS SOMEBODYSTUFFYOU PURPOSE RESTATEMENTOF TORTS TORT 222A MUST PAY FORIT OR GIVEIT BACK CASE LAW TO REVIEW AND QUALITYINSPECTION 946 P2D ALASKA1997 ALASKA1983 CONTINENTAL INC 933 P2D 528 ALASKA1997 512 P2D 937 ALASKA1973 575 P2D 1221 ALASKA1978 558 P2D 487 ALASKA1976 MOHAWK OIL LOMOND INC 667 P2D 1223 691 P2D 1042 450 ALASKA 1984 PROVISION EVERYATTORNEY PROVISIONS OUGHTTO KNOW CONSUMER PROTECTIONACT THREETIMES TIME ACTUAL DAMAGEOR DAMAGES 500 WHICHEVERIS GREATER FULLREASONABLE FEE FEES AND COST TO PREVAILING COSTS ATTORNEY ATTORNEYS PLAINTIFF SOME DAMAGES TO THESTATE DAMAGEMAY NEED TO BE RETURNED CASE LAW TO REVIEW RRO CARR CHEVROLET 965 P2D 440 ORAPP 1998 300000 PUNITIVE DAMAGE DAMAGES USURY SUCCESSFULDEBTORRECEIVES RECEIVE DOUBLEINTEREST OFINTEREST OWED AS WELL PAID FORFEITURE AS FEE AND COSTS FEES COST AS 4545030040 ATTORNEY ATTORNEYS CONSUMER PROTECTIONCLE PUNITIVE DAMAGES DAMAGEAS 917020 MUST PROVEOUTRAGE MALICEBAD MOTIVE PROVENBY CLEARAND CONVINCING EVIDENCE AS 917020B FACTOR TO DETERMINEAMOUNT OF PUNITIVE FACTORS DAMAGEAS DAMAGES 020 LIKELIHOOD OFHARM FROMCONDUCT OF AWARENESS AWARENES AS TO LIKELIHOOD OF HARM DEGREE AMOUNT OFFINANCIALGAIN DURATIONAND CONCEALMENT OFCONDUCT ATTITUDE AND CONDUCTOF DEFENDANT UPON DISCOVEROFCONDUCT FINANCIAL CONDITION OFTHEDEFENDANT DETERRENTEFFECT OFOTHERDAMAGES AWARD DAMAGEAWARDS 50 STATE TAX ON AS QJH PUNITIVE DAMAGES DAMAGE AS 4550531I CONVERSIONREPLEVIN OF PROPERTYOR FULLVALUEOF THE PROPERTY INTEREST RECOVERY PLUS PLU VALUE OF USE OFTHEGOODS OF WRONGFUL DETENTION GOODDURING PERIOD 575 P2D 1221 ALASKA1978 BASI FORCOLLECTION BASIS OF PUNITIVE 558 P2D 487 DAMAGES DAMAGE ALASKA1976 COVER NOT REQUIRED TO PROVE DAMAGES LOMOND INC 691 DAMAGE P2D 1042 ALASKA 1984 CONSUMER CREDITTRANSACTIONS TRANSACTION ACTUALDAMAGES AWARD OF UP DAMAGEPLUS PLU STATUTORY 2157150 NOTE MAY BE LIMITED TO 00 AS 25000 ACTIONBUT STILLSUPPORTS SUPPORT OR TO ADMINISTRATIVE CONSUMER PROTECTIONACT CLAIM FEDERAL ODOMETER LAWS LAW THE GREATER OF TREBLEDAMAGES DAMAGEOR 1500 RESTITUTIONFORRETURN OFTHECAR COST ATTORNEYFEE AND COSTS ATTORNEYS 49 USC FEDERAL CIVIL PENALTIES PENALTIE OF 2000 49 USC 32710A 32710B PER VIOLATION TO DUE USC 32709A PENALTIES MAY ALSOAPPLY FEDERALCRIMINAL PENALTIE FINE FINES THE US 49 GOVT 49 IMPRISONMENT USC 32709B RELIEF BY US ATTORNEY GENERAL INJUNCTIVE 49 USC 32709B UNIFORM COMMERCIAL CODE BREACHE OF WARRANTYAND BREACH OF CONTRACT DAMAGEFORBREACHES DAMAGES AS 4502713720 ACT MAGNUSONMOS MAGNUSONMOSS WARRANTY FORBREACHOF WARRANTYOR DAMAGES DAMAGE VIOLATION OF THE WARRANTYIMPLIED OR SERVICECONTRACT WARRANTY FULLCOSTS COST AND FEES FEE BASED ON CONSUMER PROTECTIONCLE TIME EXPENDED 15 USC ATTORNEYS ATTORNEY 2310D2 TRUTHIN ACT LENDING ACTUALDAMAGES SUSTAINED DAMAGE 640A TWICE THEFINANCECHARGE640A2AI 25 OF MONTHLY LEASEPAYMENTS PAYMENT 640A2 AII DWELLING640A2AIII COST AND REASONABLE COSTS FEESET BY THECOURT 1640A3 ATTORNEY ATTORNEYS 2002000 FORTRANSACTIONS TRANSACTIONSECUREDBY 10 FEDERALCONSUMER LEASING ACT AS TRUTHINLENDING DAMAGES DAMAGEAPPLY PARTOF THESAME ACT ACTUALDAMAGES DAMAGE 640A OF MONTHLY 1000 STATUTORY DAMAGE25 DAMAGES PAYMENT LIMITED TO 1000 PAYMENTS MAXIMUM 640A2 AII COST AND REASONABLEATTORNEYS COSTS FEE SET BY THE COURT 1640A3 ATTORNEY SAME 11 FRAUD CHOOSEYOUR METHODTO CALCULATE NEW MOON 702 P2D 548 P2D 279 ALASKA 1976 1331 ALASKA1985 DIRECTECONOMICLOSS LOS DIFFERENCE BETWEENVALUEGIVENAND VALUERECEIVED BENEFITOFTHEBARGAIN RULE DIFFERENCE BETWEENVALUE AS REPRESENTED AND VALUE RECEIVED FRAUD IS CONSUMER AN INTENTIONAL AND OUTRAGEOUS OUTRAGEOUTORT PROTECTIONCLE DEMAND PUNITIVE PUNITIVES ALASKA 520 609 PACIFIC 2D SERIES SERIE REPORTER DISSENTED AND FILEDOPIN MATTHEW MATTHEWS ION AND APPELLANT CROSSAPPELLEE OF ALASKA STATE ONEILL LQLE INVESTIGATION INVESTIGATIONS AND CONSUMER PROTECTION INC UNFAIR TRADE PRACTICES PRACTICE AND CONSUMER CR088APPELLANT PROTECTION ACT NOS 4109 4165 SUPREMECOURT OF 10 AS APPLIEDTO CORPORATION DEBT COLLECTION AGENCY IN ACTION IN WHICH STATE SOUGHT TO OBTAIN INJUNCTIVE RELIEF AND ALASKA CIVIL ON BASI OF ALLEGATIONS BASIS THAT PENALTIES PENALTIE ALLEGATION HAD FALSE AND CORPORATION EMPLOYED DECEP TIVE MISREPRESENTATIONS IN ATTEMPTING TO MISREPRESENTATION LQ WAS NOT AND DEBT DEBTS A CT THU THUS PENAL ACTION TO OBTAIN INJUNC STATE BROUGHT PROVISIONOF ACT WERE NOT TO BE STRICTLY PROVISIONS TIVE RELIEF AND CIVIL PENALTIES ON BASI BASIS OF PENALTIE CONSTRUEDPER CONNOR WITH ONE JUSTICE THAT CORPORATION ENGAGEDIN ALLEGATION ALLEGATIONS AND TWO JUSTICES CONCURRING JUSTICECONCURRING FALSE AND DE DEBT COLLECTIONHAD EMPLOYED AS 4550561 4550471 RESULT IN ATTEMPTING TO CEPTIVE MISREPRESENTATIONS MISREPRESENTATION 45 45504811 4550491 4550495 AC COLLECTDEBTS DEBT THE SUPERIOR COURTTHIRD 45 MARCH 28 1980 JUDICIAL DISTRICT PETER KALAMARIDE KALAMARIDES MOTION GRANTED CORPORATIONS CORPORATION TO DISMISS DISMIS AT CLOSE OF STATES STATE CASE BUT DENIED CORPORA TION MOTION FOR SUMMARY JUDGMENT TIONS AND STATE AND CORPORATION APPEALED CROSSAP PEALED THE SUPREMECOURTCONNOR UNFAIR TRADE PRACTICE PRACTICES AND HELD THAT CONSUMER PROTECTIONACT AS TO COR APPLIED 50501A 50551A 053 4550545 STATUTE STATUTES REMEDIAL CORDED WITH CIVIL STATUTES STATUTE ARE TO BE AC LIBERAL CONSTRUCTION PER CONNOR ONE AND JUSTICE CONCURRING TWO JUS TICE CONCURRING TICES IN RESULT THU PENALACT AND THUS APPEALAND ERROR NOT TO BE STRICTLY OF WHEN IN THE ARGUMENTPORTION CLAUSEWITHIN ACT CONSTRUED EXEMPTION HAS BEEN GIVENNO MORE BRIEF MAJOR POINT DID NOT WITHDRAW ACTIVITIES ACTIVITIE OF INDEPENDENT THAN CURSORYTREATMENT SUPREME COURT WILL DEBT COLLECTIONAGENCIES AGENCIEFROM SCOPE OF ACT WAS PORATION PROVISIONOF PROVISIONS ENACTMENT NOT ACT WERE OF FAIR DEBT COLLECTIONPRAC TICE ACT WHICH TICES ALL SPECIFICALLY PROHIBITED UNFAIR FALSE DECEPTIVE MISLEADING OR HA COLLECTION PRACTICES RASSING PRACTICEWAS NOT EVI DENCE THAT SUCH PRACTICES WERE NOT PROHIBIT PRACTICE ED BY PRIOR FEDERAL LAW UNFAIR TRADE NOT CONSIDERIT FURTHER APPEALAND ERROR FAILURE TO ARGUE ABANDONMENT OF IT CONSTITUTE AN POINTCONSTITUTES CONSUMER PROTECTION PRACTICE AND CONSUMER PROTECTION ACTS PRACTICES ACT THAT PROVISION UNFAIR METHODS METHOD COMPETI UNFAIR TRADE PRACTICES PRACTICE AND CONSUMER WHICH EXEMPTS PROVISION EXEMPT ACT OR PRAC ACTS DECEPTIVE AN ACT OR TRANSACTIONREGULATED UNDER LAWS LAW TICE ARE UNLAWFUL DID NOT DENYDUE PROCESS TICES PROCES DM THE STATE OR BY ANY REGULA BY SUFFI TO CORPORATION AND EVIDENCE SH TORYBOARD OR COMMISSION OR OFFICER ACTING CIENT TO DEMONSTRATE PRIMAFACIE EASE THAT UNDER STATUTORY OF STATE OR UNIT AUTHORITY IN UNFAIR OR DECEPTIVE CORPORATION ENGAGED ED STATES THE ACT STATE UNLESS UNLES THE LAW REGULATING ACT OR PRACTICES ACTS THU IT WAS ERROR TO PRACTICEAND THUS OR TRANSACTIONDOES DOE NOT PROHIBIT THE PRAC DISMIS GRANTMOTION TO DISMISS NOT TION AND UNFAIR OR PROTECTION ACTS ACT TICE DECLAREDUNLAWFUL TICES IN THE ACT DOES DOE REVERSED AND REMANDED WITHDRAW THE ACTIVITIES ACTIVITIE OF IN DIMOND SENIOR JUSTICECONCURRED RESULT AND FILED WITZ OPINIONIN CONCURRED PROTECTJONCLE WHICH RABINO DEBT INDEPENDENT FROM THE SCOPE OF THE COLLECTION AGENCIE AGENCIES ACT AS 0824320 45 4550561 504811 STATE ONEILL IT AS STATUTE STATUTES ALASKA TATION OF FEDERAL TRADE COMMISSION WHICH HAVE CLEAR PRECEDENTIAL VALUE ERAL TRADE COMMISSION ACT 15 USCA 45 CONSTITUTIONAL LAW COMMERCIALSPEECH ENJOYS LESSERFIRST ENJOY AMENDMENT CONSUMER PROTECTION AMEND AMENDS FEDERAL TRADE COMMIS COMMI 14 AS SION ACT 15 USCA IDENTICAL INTERPRETED CQ STATUTORY LANGUAGE FED ACT 521 LD TRADE COMMISSION HAD RESOLVED BY CONSENT DE ADJUDICATION ADJUDICATIONS CONSTITUTE AN ADMINISTRATIVE INTERPRE CREE INC INVESTIGATION INVESTIGATIONS ALASKA THAN PROTECTION NONCOMMERCIAL AMEND SPEECH ENACTMENT OF FEDERALFAIR DEBT COLLEC TION PRACTICES PRACTICE ACT WHICH SPECIFICALLY PRO UN HIBITED ALL FALSEDECEPTIVE MISLEADING COLLECTIONPRACTICES FAIR OR HARASSING WAS PRACTICE NOT EVIDENCE THAT SUCH PRACTICES PRACTICEHAD NOT BEEN PROHIBITED BY PRIORFEDERAL LAW THE NEW ACT MERELY THE OLD LAW SUPPLEMENTED FAIR DEBT COLLECTIONPRACTICES PRACTICE ACT 802 805 809 813 1692G 1692K 15 USCA 1692 1692C FORBID OR STATUTE WHICH EITHER FORBIDS ACT IN TERMS TERM SO VAGUE CONSTITUTIONAL LAW EVEN IF FALSE OR SPEECH IT WOULD BE GIVENWHEN PROTECTION IGH BALANCED AGAINST STATE INTERESTIN PROTECT STATES CONSUMER OR UNFAIR ING CONSUMERS AGAINST DECEPTIVE SH OR PRACTICEIN TRADE OR COMMERCE PRACTICES WOULD BE FIRST AMENDMENT DOE NOT EXTEND TO DOES USCACONST AMEND 14 UNCONSTITUTIONALLY VAGUE IF IT TO INHIBIT EXERCISEOF FIRST AMEND OPERATES OPERATE MENT RIGHT IF RIGHTS IT DOES DOE NOT PROVIDE ADEQUATE NOTICEOF WHAT CONDUCTIS FORBIDDEN OR IF IT IS DRAWN SO IMPRECISELY THAT IT ENCOURAGES ENCOURAGE AND DISCRIMINATORY ENFORCEMENT ARBITRARY OF THE LAW 10 USCACONST WITH THE AMEND STATUTEARE TO BE INFUSED CONSTRUC MEANINGOF PRIOR JUDICIAL TION CONSTITUTIONAL LAW STATUTE IS OF SPEECH PROTECTION COMMERCIAL DECEPTIVE USCACONST COMMON PROCESSOF LAW PROCES USCACONST MINIMU MINIMUS CONSTITUTIONAL LAW REQUIRE REQUIRES THAT MEN DE AMEND SPEECH MUST INTELLIGENCE NECESSARILY GUES AT ITS MEANINGAND DIFFER AS TO ITS GUESS 14 STATUTES STATUTE VIOLATE FIRST ESSENTIAL OF DUE VIOLATES APPLICATION WORD WITHIN WORDS OF COMMERCIAL MISLEADING GIVENFULL FIRST AMENDMENT WERE 13 CONSTITUTIONAL LAW DOINGOF AN 12 AMEND AMENDS 14 15 COURT COURTS RULE PROPERLY RULES THOUGHINTERPRETIVE PRO MULGATEDBY ATTORNEY GENERAL ARE NOT HAVE THE BINDINGON COURT THEYGENERALLY SAME 16 FORCE NEY CONSUMER PROTECTION STATUTE AS 4550491 CONSUMER PROTECTION IT WOULD CONSTITUTIONAL LAW AS BE BETTER FOR ATTOR PRACTICE DISCRETIONARY GENERAL TO EXERCISE HIS INTERSTICE OF RULEMAKING POWER TO FILL IN INTERSTICES THAT UNFAIR METHODS METHOD PROVIDING UNFAIR TRADE PRACTICES PRACTICE AND CONSUMER PRO OF COMPETITION AND UNFAIR OR DECEPTIVE ACT ACTS TECTION ACT RATHER THAN TO RELY EXCLUSIVELY AND PRACTICES WERE UNLAWFUL DID NOT DENY PRACTICE ON AS ADJUDICATION DUE PROCESS TO CORPORATIONDEBT COLLECTION PROCES WHICH STATE SOUGHT TO OB AGENCY AGAINST 17 CRIMINAL LAW TAIN INJUNCTIVE BASI AND CIVIL PENALTIES PENALTIEON BASIS OF WARNING OF CONSTITUTIONAL ADEQUACY OF ALLEGATIONS THAT CORPORATION HAD EM ALLEGATION CONDUCT SHOULD BE MEASURED NOT PROSCRIBED FALSE AND DECEPTIVE PLOYED MISREPRESENTAONLYBY COMMON BUT ALSO BY INTELLIGENCE TION IN ATTEMPTING TIONS TO COLLECT DEBT IN LIGHT COMMON DEBTS AMEND SCACONST PRACTICE OF FACT THAT THE STATUTEWHEN APPLIEDTO 14 SUCH CORPORATION DID NOT CHILL CONSTITUTION ALLYPROTECTED SPEECHAND THAT THOUGH 18 CONSTITUTIONAL LAW STATEHAD FAILEDTO ADOPT FLESH ENFORCEMENT IS NOT ARBITRARY PROPER REGULATIONS REGULATION OUT CONTOUR CONTOURS OF THE FEDERAL DUE CONSIDERATIONWHERE STATUTE IS STATUTE ING PROCES PROCESS STATUTE CONSUMER NI PROTECTIONCLE 2001009 10 PACIFIC 609 ALASKA 522 AS VAGUE CHALLENGED USCACONST APPLIED NOT ON ITS FACE BUT AS 25 CONSUMER PROTECTION TRADE REGULATION 14 AMEND 2D SERIES SERIE REPORTER ACT OR PRACTICE NEED NOT BE DECEPTIVE UNFAIRNES IS TO UNFAIR BUT RATHERUNFAIRNESS OF FACTORS BE DETERMINEDBY FACTOR IN VARIETY STANDARDFORGRANTING MOTION FOR IN NEC WHETHER THE WITHOUT DISMISSAL IS WHETHER THE PLAINTIFF CLUDING PRACTICE VOLUNTARY BEEN CONSIDERED PREVIOUSLY ESSARILY HAVING HAS FAILED TO PRESENT PRIMA FACIE CASE OFFEND PUBLICPOLICYAS IT HAS UNLAWFUL OFFENDS RULE 41B RULE OF CIVIL PROCEDURE RULES BEEN ESTABLISHED BY STATUTES STATUTE THE COMMON 19 TRIAL 20 TRIAL IN TO BE 165 DETERMININGWHETHER TO GRANTMO TION FOR INVOLUNTARY DISMISSAL AT CLOSE OF THE EVIDENCE MUST BE EVIDENCE PLAINTIFF PLAINTIFFS VIEWED IN FAVORABLETO LIGHTMOST PLAINTIFF LAW OR OTHERWISE WHETHER IT IS IMMORAL OR UNSCRUPULOUS AND UNETHICALOPPRESSIVE UNSCRUPULOU WHETHER IT SUMER SUMERS OR AS MEN SUBSTANTIAL INJURYTO CAUSE CAUSES OF COMPETITORS COMPETITOR 4550471A CONSUMER PROTECTION RULE 41B RULE OF CIVIL PROCEDURE RULES 26 21 IMMINENT CON OTHER BUSINESS BUSINES 10 BY DEBT COLLECTIONAGENCIES AGENCIEOF NO SUCH ACTION ACTION WHERE LEGAL IS ACTUALLY CONTEMPLATED DECEPTIVEACT THREAT THREATS TRIAL 165 WHERE COURT IS AS SITTING TRIEROF FACT IS OR NOT RESOLVE MOTION FOR INVOLUNTARY IT MAY DISMISSAL AT CLOSEOF BY THE EVIDENCE IF PLAINTIFF HAS PUT WEIGHING ON PRIMAFACIE CASE BASED ON UNIMPEACHED EVIDENCE THE MOTION TO DISMISS DISMIS OF CIVIL RULE RULES DENIED MUST BE PROCEDURERULE 41B 22 27 THREAT TO DEBTORS THREATS DEBTOR THAT FAILURE TO PAY ARREST OR JAILOR THE WILL RESULTIN IMMEDIATE AND THAT IN THE CONDUCT AN UNFAIR ACT OR COMMERCE COMMERCE OF TRADE OR HAD PRACTICE OCCURRED AS 11A TRADE REGULATION ACT OR CRIMINAL ARE UNFAIR COMPLAINT BELIEVED BY ACTUALLY ACT IF THE THREATS ACTS THREAT ARE PRIMAFACIE CASE OF UN TRADE PRACTICES IT MUST BE FAIR OR DECEPTIVE PRACTICE THAT DEFENDANT HAD BEEN ENGAGED IN PROVED TRADE OR 4550471A CONSUMER PROTECTION FILINGOF TRADE REGULATION TO ESTABLISH 23 PRACTICEAS SEE PUBLICATION WORD WORDS AND PHRASES PHRASE AND FOR OTHER JUDICIALCONSTRUCTIONS CONSTRUCTION DEFINITION DEFINITIONS PLAINTIFFEVIDENCE PLAINTIFFS OR IS DECEPTIVE PRACTICE THE DEBTORS DEBTOR AS 4550471A SEE PUBLICATIONWORDS WORD AND PHRASES PHRASE CONSTRUCTION AND FOR OTHER JUDICIALCONSTRUCTIONS DEFINITION DEFINITIONS 28 CONSUMER PROTECTION DEBTOR BY TELEPHONE HARASSMENT OF DEBTORS CALL TO THEM THEIR RELATIVES CALLS RELATIVE OR THEIR EM CONSTITUTE AN UNFAIR ACT OR PRAC PLOYERCONSTITUTES PLOYERS AS 4550471A TICE UNFAIR WORD WORDS AND PHRASES PHRASE SEE PUBLICATION FOR OTHER JUDICIALCONSTRUCTIONS CONSTRUCTION AND DEFINITION DEFINITIONS OR TENDENCY TO DECEIVE IF IT HAS THE CAPACITY IS RESULTOF THE DECEPTION ACTUAL INJURYAS 29 CONSUMER PROTECTION AND INTENT TO DECEIVE NEED NOT REQUIRED IS USE BY COLLECTIONAGENCIES ALLTHAT IS BE PROVED AGENCIEOF SIMULATED BUT RATHER REQUIRED COLLECTION FORM LABELED FORMS WERE DOCUMENT DOCUMENTS OR THAT THE ACT ACTS AND LEGAL SHOWING PRACTICE PRACTICES ACTION WHEN FINAL DEMAND BEFORE IN LEGAL OF CAPABLE BEINGINTERPRETED MISLEADING NO LEGAL ICTION IS IN FACT TAKEN CONSTITUTES CONSTITUTE AS 4550471A WAY WORD WORDS AND PHRASES PHRASE DECEPTIVEACT AS SEE PUBLICATION NOT FOR OTHER DEFINITION DEFINITIONS 24 TRADE CONSTRUCTION JUDICIALCONSTRUCTIONS REGULATION THAT CONSUMER CONSUMERS TESTIMONY 30 THEYHAVE AS 4550471A CONSUMER AN PROTECTIONCLE CONSUMER PROTECTION TO OB IN ACTION IN WHICH STATE SOUGHT CIVIL ON RELIEF AND PENALTIE PENALTIES INJUNCTIVE PRIMA EN THAT CORPORATION BASI OF ALLEGATION PRACTICE BASIS PRACTICES ALLEGATIONS DECEPTIVE DEBT COLLECTION HAD FALSE IN EMPLOYED GAGED BEEN MISLED IS SUFFICIENT TO SUSTAIN FACIE CASE OF UNFAIR AND SEE PUBLICATION WORD WORDS AND PHRASES PHRASE AND FOR OTHER JUDICIALCONSTRUCTIONS CONSTRUCTION DEFINITION DEFINITIONS AND TAIN 11 STATE INVESTIGATION INVESTIGATIONS ONEILL CIT ALASKA S09 P2D IN AT DECEPTIVE MISREPRESENTATION MISREPRESENTATIONS WAS SUF TO COLLECT DEBT EVIDENCE DEBTS TEMPTING CASE FICIENT TO DEMONSTRATE PRIMA IN UNFAIROR HAD ENGAGED THAT CORPORATION ACT OR PRACTICES ACTS AND THUS THU IT WAS PRACTICE DECEPTIVE CONSUMER AND INC ALASKA LAW ENFORCE 2H 4H 3H MENT 523 520 FOR MEMBER OF THE DEBT COLLECTIONPROFES MEMBERS PROFE MER HAVE SION FOR PRO CALLED COLLECTIVELY CONSUMER TECTION FOR CONSUMERS DISMISS AT CLOSEOF ERROR TO GRANTMOTION TO DISMIS FROM UNFAIR COLLECTION INCLUDING OF OBSCENE OR PRO PRACTICES PRACTICE FANE LANGUAGE THREAT OF VIOLENCE OR IM THREATS CIVIL PROCEDURE RULE 41B CALL AT UNREASONABLE CALLS PRISONMENT TELEPHONE OF CONSUMERS CONSUMER LE HOUR MISREPRESENTATION HOURS DISCLOSURE OF CONSUMER CONSUMERS FINAN GALRIGHTS RIGHT AND DONNA DELL OLIO ASST ATTY USE CIAL STATUS STATU TO THIRD PARTIES AND FEIGNED PARTIE ANN STOKE ASST ATTY GEN OF COUNSEL STOKES OF LEGAL P PROCES ROCESS AND AVRUM GROS GROSS STATE EVIDENCE STATES USE RULE OF RULES AS 4550471A ANCHORAGE ATTY AND CROSSAPPEL GEN JUNEAU FOR APPELLANT THI THIS US TO DECIDE WHETHER APPEAL REQUIRES REQUIRE PRACTICE AND CON THE ALASKA UNFAIR TRADE PRACTICES LEE PROTECTION ACT AS 50 SNEED SUMER SPENCER STAND AS SENTINEL ALASKA ACT STANDS THE RHODE NORMAN MAHONEY COLE HARTIGRHODES AND UNSCRUPULOUS CONDUCT UNETHICAL UNSCRUPULOU AND AGAINST FOR APPELLEE CROSSAPPELLANT ANCHORAGE DEBT COLLECTION ON THE PARTOF INDEPENDENT CONNOR BEFORE RABINOWITZ IN THIS THI STATE BUSINESSE OPERATING BUSINESSES SENIOR AND MATTHEWS DIMOND MATTHEW JJ OF THE ALASKA ACT IS THE KEYSTONE COURT JUDGE JUSTICE AND BLAIR SUPERIOR WHICH STATES STATE THAT UNFAIR OR DECEP JAME JAMES RHODE AND RHODES 471A TIVE ACTS ACT OPINION CONNOR OR IN THE CONDUCTOF TRADE PRACTICE PRACTICES ARE DECLAREDTO BE UNLAWFUL DEFINE UNFAIR OR EMPHASI ADDED AND DEFINES EMPHASIS OR JUSTICE COMMERCE ACT OR PRACTICES ACTS AS INCLUD ACT ACTS AND DECEPTIVE PRACTICE UNSCRUPULOUS UNSCRUPULOU ACT OR BUT NOT LIMITED TO 25 ACTS DEBT COLLECTION PRACTICEOF INDEPENDENT PRACTICES ENUMERATED IN SCRU WHICH ARE PRACTICE PRACTICES AGENCIE HAVE COME UNDER INCREASING AGENCIES THAT SEC HAS BOTH THE AND PRIVATE 1B LEGISLATURE PROVIDED TINY FROM PUBLIC IN RECENT YEAR YEARS THI OPINION WE DEFINE AN FOR PURPOSES PURPOSE OF THIS IN PERSON INDEPENDENTDEBT COLLECTORAS IS THE BUSINES BUSINESS THE PRINCIPALPURPOSE OF WHICH COLLECTION OF DEBTS DEBT OWED OR DUE BE OWED OR DUE SEE 15 USC OR 1692A6 ACT FAIR DEBT COLLECTION PRACTICES PRACTICE 1130 AND HR 656 918 5294 BEFORE THE SUBCOMM ON CONSUMER AF FAIR OF THE SENATE COMM FAIRS ON BANKING HOUSING SES 98 AND URBAN AFFAIRS AFFAIR 95TH CONG 1ST SESS SEE HEARING ON HEARINGS SENATE HEARINGS HEARING STATE STAFF ATTORNEY NA OF ROBERT HOBB HOBBS TIONAL CONSUMER LAW CENTER AND STATEMENT OF EXECUTIVE DIRECTOR CONSUM KATHLEEN ER FEDERATION OF AMERICA 1977 MENT AT SEE SENATE HEARINGS HEARING SUPRA NOTE VERMONT 567 588 STATEMENT OF JAY ASHMAN ASST ATTY GEN STATEMENT OF JOSEPH MORELLO THE DEBT COLLECTION TH CTY PRACTICE ACT HEARINGS PRACTICES HEARING ON HR 29 BEFORE THE ON CONSUMER AFFAIRS AFFAIR OF THE HOUSE SUBCOMM COMM ON AFFAIR BANKING FINANCE AND URBAN AFFAIRS 348 1977 95TH CONG 1ST SESS SES HEREINAFTER HOUSE HEARINGS HEARING STATEMENT OF SHERRYCHEN OFFICE OF CONSUMER SERV OWETH DIR MINN CONSUMER PROTECTIONCLE SENATE HEARINGS HEARING SUPRA NOTE STATEMENT NF NATIONAL HOME AT FURNISHING FURNISHINGS ASSN ASSERTED TO SUPP 1977 ICE ICES SEE 752 AT 22 SEE HOUSE HEARINGS HEARING SUPRA NOTE 27 TESTIMONY OF WILLIAM MANN AND HUGH WIL AT 37 TES SON SENATE HEARINGS HEARING SUPRA NOTE TIMONY OF PATRICIA MILLER SES NO 95382 95TH CONG 1ST SESS ADMIN IN CODE CONG REPRINTED THE RISINGTIDE OF PP 1695 16961977 SEE SREP 19 NEWS NEW IN THE PASSAGE OF CRITICISM CULMINATED IN 15 THE FAIR DEBT COLLECTION PRACTICES PRACTICE ACT 1692O WHICH IS USC SUPPL977 AT ELIMINATING HARASSMENT AIMED ICALLY AND DECEPTIONIN THE METHODS METHOD EMPLOYEDBY IN AGENCIE DEPENDENTDEBT COLLECTIONAGENCIES LATTER PROSCRIPTIONS PROSCRIPTIONARE NOT THE EXCLU BASIS FOR INJUNCTIVERELIEF UNDER THE ACT BASI RATHER ARE IN ADDITION TO AND DO NOT LIMIT THE TYPES ACT AND PRACTICES TYPE OF UNLAWFUL ACTS PRACTICE LAW OR UNDER OTHER STATE ACTIONABLE AT COMMON THESE SIVE STATUTE STATUTES AS 4550471C FOR DISCUSSION OF TRADITIONAL TORT REMEDIES REMEDIE TO OF THE APPLICATION DEBT COLLEC DEBTOR PROBLEMS PROBLEM SEE COMMENT 12 ALASKA 524 609 PACIFIC 2D SERIES SERIE REPORTER SUIT FOR INJUNCTIVE WHETHER AN ACT OR PRACTICE IS IN RELIEF BROUGHT DECIDING BY THE ATTORNEY OF NOT OR UNFAIRDUE CONSIDERATION AND GENERAL CIVIL PENALTY DECEPTIVE SHOULD BE GIVENTHE INTERPRE MORE THAN 5000 MAY BE RECOVEREDFOR EACH GREATWEIGHT OF THE FEDERAL TRADE UNLAWFUL ACT OR PRACTICEAS 4550551B TATION OF SEC LH TATIONS CIVIL PENALTIES PENALTIEOF UP TO 000 MAY BE COMMISSION ACT 15 USC LH EXACTED FOR EACH VIOLATION OF AN EXTANT IN FEDERALACT MADE BY THE FEDERAL TRADE AS THE 1978 JUNCTION 4550551A COURT AS COMMISSION AND THE FEDERAL COURTS IN 4550545 OF THE EXEMPTFROM THE PURVIEW ALASKA ACT ARE ACT ACTS OR ANY TRANSACTION TRANSACTIONS LAW ADMINISTERED UNDER LAWS REGULATED BY THE AMENDMENT TO THE ACT WHICH BECAME EFFEC ON RESCIND CRIMINAL JANUARY 1980 RESCINDS FOR KNOWING AND WILLFULVIOLATIONS VIOLATION PENALTIES PENALTIE TIVE OF THE ACT AS AND AS 4550 4550471D BOARD OR COMMIS COMMI BY ANY REGULATORY 551C AS AMENDED21 CH 166 SLA 1978 UNDER STATUTORY AU SION OR OFFICER ACTING UNDER THESE DEFUNCT CRIMINAL PROVISIONS PROVISION OF THE STATE OR OF THE UNITED STATES THORITY STATE SENTENCE OF UP TO ONE YEAR IN JAIL FINE OF UNLES THE LAW REGULATING UNLESS THE ACT OR TRANS TRAN OR BOTH COULD HAVE BEEN IMPOSED 10000 ACTION DOES DOE NOT PROHIBIT THE PRACTICES DE PRACTICE AFTERCONVICTION FOR ENGAG IN COURSE CLARED UNLAWFUL IN 471 OF THIS THI CHAPTER OF CONDUCT DECLAREDUNLAWFUL BY 471 AS IT CAN BE NOT STATE 45504811 AS ED AT THIS THI JUNCTURE THAT THE DEBT COLLECTION GENERAL ATTORNEY 501 OF THE COMPLAINT PURSUANTTO ACT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES PENALTIE THE PRACTICES PRACTICEDECLARED TO BE UNLAWFUL IN ONEILL INVESTIGATIONS INC THE AP AGAINST INVESTIGATION 471 OF THE ACT ONEILL IS CORPORA PELLEECROSSAPPEFLANT THE ATTORNEY GENERAL IS CHARGED WITH TION ORGANIZED AND EXISTING UNDER THE LAWS LAW ENFORCEMENT OF THE ACT HE MAY ADOPT OF THE STATE OF ALASKA IN THE IT IS ENGAGED TO THE INTERPRETATIVE REGULATION REGULATIONS SUBJECT BUSINES OF COLLECTING BUSINESS DEBT UNDER ASSIGN DEBTS STATUTE SET LICENSING IN MARCH OF 1977 THE OUT IN TITLE 24 OF THE ALASKA STATUTES DOE NOT STATUTE DOES STRICTURE OF THE ADMINISTRATIVE STRICTURES CHAPTER FILED PROHIBIT PROCEDURE HE HAS BROAD INVESTIGATORY POWER IN POWERS ACT CONNECTION WITH OUT THE USE OF FERRETING TRADE PRACTICES DECEPTIVE PRACTICE AND HE IS EM TO SEEK INJUNCTIVERELIEF WHEN HE POWERED HAS REASON TO BELIEVE THAT MENT FOR CREDITORS CREDITOR DEBT COLLECTIONIS AND REGULATED INDUSTRY ONEILL UISITE STATE LICENSEMANDATED OF TITLE HAS THE REQ 24 BY CHAPTER OF THE ALASKA STATUTES STATUTE AS 08 24090 PERSON HAS THE COMPLAINT CLAIMED THAT ONEILL HAD FALSE AND DECEPTIVE EMPLOYED WIDERANGING DECLARED UNLAWFUL IN 471 PRACTICE IN TO COLLECT MISREPRESENTATION MISREPRESENTATIONS ATTEMPTING AND WOULD BE PROCEEDING PROCEEDINGS MONIE FROM ALLEGED MONIES DEBTOR OR THEIR SPOUS DEBTORS SPOU IN THE PUBLICINTEREST AS 4550501A ES THE STATE CHARGED ONEILL WITH MISREP WHERE INJUNCTIVE RELIEF IS SOUGHT THE COURT TO THE DEBTOR THAT FAILURE TO PAY RESENTING HAS AVAILABLE BROAD EQUITABLE REMEDIE TO REMEDIES BY CERTAIN DATE WOULD RESULTIN CRIMINAL REDRES VIOLATIONS REDRESS VIOLATION OF THE ACT AS 4550 INCARCERATION OR APPREHENSION PROSECUTION PRIVATE AND CLASS CLAS ACTIONS ACTION ARE ALSO BY LAW ENFORCEMENT OFFICIALS 501B OFFICIAL CIVIL LIABILITY AUTHORIZED BY THE ACT FOR RECOVERYOF ACTUAL IMPAIRMENTOF THE DEBTORS DEBTOR CREDIT RATING RESULTOF PROSCRIBED REFERRALOF THE DEBTORS DEBTOR ACCOUNT TO AN ATTOR DAMAGE INCURRED AS DAMAGES ACT AND PRACTICES ACTS TREBLEDAMAGES AND AN EXAGGERATED IN PRACTICE INCLUDING DAMAGE NEY FORJ VIOLATION AS 4550531A AND CREASE IN THE DEBTORS DEBTOR OBLIGATION FOR WILLFUL VIOLATIONS AFTER JUDG MENT THE STATE ALSO CHARGED THAT ONEILL USED IS USING OR IS ABOUT TO USE AN ACT OR PRACTICE PRACTICES THE NEED FOR COMPREHENSIVE 99108 15 DUQUESNE LREV 97 LATION 1976 AND BERGER THE BILL COLLECTORAND THE LAWA SPECIALTORT AT LEAST FOR WHILE 17 COMMISSIONER TION DEPAUL LREV AS 4462010650 327 1968 10 AS 1974 CONSUMER AN OF COMMERCE 53 SLA AS 4550495 4550491 THE STATUTE WAS AMENDED IN TO SUBSTITUTE ATTORNEY GENERAL FOR 2001009 13 SECTION CH STATE ONEILL CITE TO THE MISREPRESENTED OF ALASKA HAD AN INC INVESTIGATION INVESTIGATIONS P2D AH DEBTORTHAT THE STATE FINDING OF FINDINGS INTEREST IN THE COLLECTION WERE OF THE DEBT 525 FACT AND CONCLUSIONS CONCLUSION OF LAW ENTERED PEALAND THE STATE HAS TAKEN ONEILL HAS WILL ADDRESS ADDRES FIRST THE THAT ONEILL FURTHERTHE STATE ALLEGED AND THE CROSSAPPELLANT FALSELY DECEPTIVELY MISREPRESENTED FROM AN ALLEGED DEBT CONSEQUENCE FLOWING CONSEQUENCES ORS REFUSALOR FAILURE TO SIGN ALASKA 520 AN AP WE CROSSAPPEALED ISSUE RAISED BY THE ISSUES CONFESSIONOF THAT DEBTORS DEBTOR JUDGMENTAND MISREPRESENTED WE TURN OUR ATTENTION INITIALLY TO HAD COMMITTED CRIMES CRIME BY THE MERE FACT OF ONEILL ONEILLS WHICH IT CHARACTERIZES CHARACTERIZE THEIR DEBT OTHER UNFAIR PRACTICES ARGUMENT PRACTICE PLEADED THE SINGLE MOST IMPORTANT IS INCLUDE TELEPHONING EMPLOYEROF ALLEGED AS EMPLOYERS SUE IN THIS THI CASE THAT THE CIVIL DEBTOR BEFORE ENTRYOF JUDGMENT DEBTORS OR THREAT PRESENTED INDEBTEDNES TO INDEBTEDNESS PENALTIEAUTHORIZED BY THE ALASKA ACT ARE PENALTIES ENINGTO EXPOSE THE ALLEGED SO SEVERE AS TO RENDER THEM PENAL IN BUSINES ASSOCIATES ASSOCIATE THESE EMPLOYERAND BUSINESS EMPLOYERS NATURE IF THI THIS CONCLUSIONIS CORRECT THE AND PROOF ELICITED AT TRIAL ARE ALLEGATION ALLEGATIONS OF CIVIL DISCUSSEDAT LENGTH IN PART OF THIS THI OPIN IMPOSITION PENALTIEFOR VIOLATION OF PENALTIES ION THE COMPLAINT ALSO AVERRED THAT THE ACT WOULD REQUIRE ALL THE CONSTITUTIONAL ONEILL ONEILLS REFUSAL TO DISCLOSEITS CREDIT FILES FILE OF SAFEGUARDAGAINSTARBITRARY SAFEGUARDS DEPRIVATION CONSTI AND PROPERTY AFFORDED CRIMINAL DE LIBERTY UPON PROPER DEMAND BY CONSUMER TUTE TUTES VIOLATIONOF THE FAIR CREDIT REPORT FENDANTS FENDANT ING ACT 15 USC 1681G SUPP1977 THE COMMON LAW DISTINGUISHED BETWEEN WHICH GOVERNS THE CONDUCTOF CREDIT REPORT GOVERN CIVIL AND CRIMINAL STATUTES STATUTE BY CONTRASTING STATE ING AGENCIES AGENCIE UNDER THE STATES THEORY THE RIGHTS INDIVIDUAL WITH THOSE RIGHTS RIGHT OF INDIVIDUALS RIGHT VIOLATION OF THIS THI FEDERAL LAW IS PER SE TO SOCIETY BLACKSTONE BELONGING QUA SOCIETY AND UNFAIR ACT PROHIBITED DECEPTIVE BY THE NOTED ALASKA ACT THE DISTINCTION OF PUBLIC WRONG FROM WRONGS ONEILL ONEILLS REQUESTFOR JURYTRIAL AND ITS CRIME AND MISDEMEANORS MISDEMEANOR PRIVATE OF CRIMES MOTION FOR SUMMARY JUDGMENT WERE DENIED FROM CIVIL INJURIES SEEM TO INJURIE SEEMS PRINCIPALLY THE COURT SPECIFICALLY FOUND THAT THE ACTIVI CONSIST IN THIS THI THAT PRIVATE OR WRONG WRONGS TIE OF DEBT COLLECTIONAGENCIES TIES AGENCIEARE WITHIN CIVIL INJURIES OR INJURIE ARE AN INFRINGEMENT PRI THE SCOPE OF 471 OF THAT ACT AND THAT THE VATION OF THE CIVIL RIGHTS WHICH TO RIGHT BELONG OF 471A AFFORDS AFFORD REASONABLEAND LANGUAGE CONSIDERED MERELYAS INDIVID INDIVIDUAL INDIVIDUALS NOTICE OF THE PROSCRIBED CONDUCT ADEQUATE CRIME AND MISDE UAL PUBLIC UALS WRONG OR CRIMES WRONGS THE LOWER COURT CONCLUDED THAT THEREFORE ARE BREACH AND VIOLATION OF MEANOR MEANORS THE ALASKA ACT WAS NOT UNCONSTITUTIONALLY THE PUBLICRIGHTS RIGHT AND DUTIES DUTIE DUE TO THE TO THIRD PARTYDEBT COLLEC VAGUE AS APPLIED WHOLE COMMUNITYCONSIDERED AS COM TION AGENCIES ONEILL AGENCIE WE DENIED ONEILLS PETITION IN ITS SOCIAL AGGREGATE MUNITY C APACITY FOR REVIEW OF THIS THI RULING BENCH TRIAL COMMENTARIE COMMENCED ON JUNE BLACKSTONECOMMENTARIES 1978 BEFORE SUPERIOR COURT JUDGEPETER LAM THE CLOSEOF THE STATES STATE CASE THE DE FENDANT MOVED FOR DISMISSAL UNDER ALASKA AT WHILE THAT DISTINCTION MAY HAVE SERVED WAS IN THE EIGH DEVELOPED WELL WHEN IT TEENTH CENTURYIT HAS BECOME BLURREDIN THE OF THE DOMAIN OF PUBLIC AND RENEW RAPIDIESI 11H ITS EARLIER MOTION FOR SUMMARY RESULT IS OFFENSES OFFENSE WHICH ARE JUDGMENT THE COURT GRANTED DEFENDANT DEFENDANTS MOTION TO STATE 584 P2D QUASICRIMINAL CLAYTON RULE OF CIVIL PROCEDURE 41B DISMIS DISMISS ON THE GROUND THAT 471A WITHOUT WAS UNCONSTITU INTERPRETATIVE REGULATION REGULATIONS TIONALLY VAGUE RENEWED MOTION 11 CONSUMER AMI 1114 FOR SUMMARY 1965 CIVIL PURELY RATHER S2H JUDGMENT TARY PENALTIES PENALTIE WOVEN PROTECTIONCLE 12 AND STATUTES STATUTE WHICH ALASKA 1978 NEITHER THE TRIAL COURT DENIED THE SEE JAFFE JUDICIAL CONTROL OF ADMINISTRATIVE ACTAON 310 1111 ARE NOR USE CRIMINAL BUT OF CIVIL MONE INTO THE FABRIC OF SEE LEGISLATIONSTATUTORY PENALTIESA HARVLREV 1093 1938 1092 GAL HYBRID 14 609 PACIFIC ALASKA 526 STATUTE STATUTES AS SANCTION FOR REGULATORY HAS BECOME S1S NONCOMPLIANCE MANY LQL LQLS CONTENTIONIS NOT NOVEL HEALTH REVIEW IN AT AND OCCUPATIONAL SAFETY CO LAS ROOFING 2D SERIES SERIE REPORTER COMMISSION 518 F2D 990 INGTHEM ELIMINATE ANY OF CON QUESTION OMITTED FOOTNOTE INTENT GRESSIONAL 518 F2D AT 1011 IDENTICALCLAIM AN SIDERED AND CON CAREFULLY INC JR IREY WAS IN FRANK REJECTED CIR 1975 AFFD ON OTHERGROUNDS GROUND430 SAFETYAND HEALTH REVIEW OCCUPATIONAL 464 1261 51 LED2D 442 97 SCT 519 F2D 1200 3RD CIR 1975 COMMISSION TO THE COURT ADDRESSED CHALLENGE 1977 AFFD ON OTHER GROUNDS GROUND 430 US 442 97 OF THE OCCUPATIONAL THE CONSTITUTIONALITY 464 197715 IREY SCT 1261 51 LED2D ON GROUNDS GROUND WAS CITED FOR VIOLATIONS SAFETYAND HEALTH ACT OF 97 VIOLATION OF THE 5TH US IDENTICAL TO THOSE ADVANCED HERE BY ONEILL THAT ACT AND ATLA WAS CITED FOR VIOLATING ATLAS WAS ASSESSED 600 CIVIL FINE THE ACT FOR BOTH CIVIL AND CRIMINAL MONE PROVIDED ATLA CLAIMED THE DISTINC TARY PENALTIES PENALTIE ATLAS TION BETWEEN THE TWO WAS BLURREDBECAUSE THE EITHER COULD BE APPLIEDTO ESSENTIALLY OCCUPATIONAL HEALTH ACT AND AFTER HEARING OSHA CONDUCTED BY AN EXAMINER WAS FOUND GUILTY OF WILLFUL VIOLATION OF THE ACT AND SAFETY AND ASSESSED HALF OF CIVIL OF 5000 PENALTY THE MAXIMUM AMOUNT ONE ALLOWED OF THE THE CONSTITUTIONALITY IREYCHALLENGED INTER ALIA THAT AS TO ACT ON THE GROUNDS GROUND CONCLUDEDTHAT SAME CONDUCT THE THE CRIMINAL PENALTIES PENALTIEWERE CORPORATION CORPORATIONS CRIMI SANCTION SANCTIONS DID NOT CONSTITUTE THE CIVIL AS THE CIVIL AND THAT THE SAME PRECISELY NAL PENALTIES PENALTIE THE LATTERCOULD NOT BE IMPOSED THEREFORE ATLA AS WHOLE WE THINK THAT ATLAS WITHOUT BENEFIT OF THE RIGHTS RIGHT OF CRIMINAL HAS FAILED TO DEMONSTRATE THAT CONGRESS CONGRES UNDER THE DEFENDANT DEFENDANTS FOURTH FIFTH SIXTH RATHER MEANT THE STATUTE TO REPRIMAND AMENDMENT TO THE UNITED AND SEVENTH AMENDMENTS FOCU OF THE STAT THAN REGULATETHE FOCUS STATE CONSTITUTION THE COURT SAID STATES UTETHE CONTROLOF JOBSITE SAFETY PRAC TO THESE ARGU THERE IS FORCEAND LOGIC CONDITIONSHA DEMON TICE AND HEALTHCONDITIONSHAS TICES WE DO NOT DISMIS DISMISS THEM LIGHT AND MENT MENTS STRABLE AND LEGITIMATE GOVERNMENTCON FATAL TO THE LY PETITIONERVIEW HOW PETITIONERS CERN THE FACT THAT THE CIVIL ENFORCEMENT OF IS SERIE SERIES EVER SUPREMECOURT DECI DISABILITIE DOES DISABILITIES DOE SANCTION SANCTIONS ARE INHERENTLY WHICH HAVE VALIDATED THE POSITION SION SIONS NOT ALTERTHE NATURE OF THE CONGRESSIONAL HAS WIDE RANGE OF ALTER THAT CONGRESS AND THE CONGRES FINALLY CONGRESSIONAL PURPOSE ITS NATIVE AVAILABLE TO IT FOR ENFORCING NATIVES TO ESTABLISH BOTH CIVIL PURPOSE CAREFULLY SAME AND CRIMINAL SANCTIONS SANCTION AND DISTINGUISHA LEGISLATIVE POLICY CONDUCTMAY SUBJECTPERSONTO BOTH CIVIL FOR IMPOSING AND REVIEW BLE PROCEDURES PROCEDURE 13 FOR HISTORYOF THE DEVELOPMENTOF CIVIL SANCTION SEE GOLDSCHMID AN EVALU MONETARY SANCTIONS ATION OF THE PRESENT AND POTENTIAL USE OF CIVIL SANCTION BY FEDERAL AD PENALTIE AS MONEY PENALTIES RECOMMENDATION RECOMMENDATIONS MINISTRATIVE AGENCIES AGENCIE IN AND REPORTS REPORT OF THE ADMINISTRATIVE CONFERENCE OF THE UNITED STATES STATE 896 1973 SEE ALSOABRA POWER AND HAM HAMS SNOWDEN SEPARATIONOF POWERS SUBSTITUTE CIVIL FOR CRIMINAL PENALTIES PENALTIE WAS EN UNANIMOU UNANIMOUS RECOMMENDATION OF THE DORSED BY STATE ADMINISTRATIVE CONFERENCE OF THE UNITED STATES RECOMMENDATION RECOMMENDATIONS AND REPORTS IN 1972 SEE REPORT OF THE ADMINISTRATIVE CONFERENCE OF THE UNITED CRIME ADMINISTRATIVE CRIMES STUDY OF LAH 1976 SIL1ULJ 1976 CHARNEY THE BLE BLES PROTECTION FORDEFEND NEED FORCONSTITUTIONAL PROTECTIONS 59 CORNELL LREV ANT ANTS IN CIVIL LTYH CASE CASES ADMINISTRATIVE PRESCRIP 478 1974 LHOR EMPLOY EMPLOYS AND IMPOSITION OF PENALTIES PENALTIE 1970 WASHU PENALTIE PENALTIES 265 1970 OSHA COMMENT 10 IDAHO SOME CONSTITUTIONAL CONSIDERATIONS CONSIDERATION THE IMPOSITION LREV 223 1974 COMMENT OF ADMINISTRATIVE PENALTIES PENALTIE AND THE RIGHT TO TRIAL BY JURYAN UNHERALDED EXPANSION OF TION LQ CRIMINAL LAW 65 CRIM 345 1974 STATUTE CHARACTERIZE NOT ALL ADMINISTRATIVE STATUTES TO THEIR SANCTIONS SANCTION AS CIVIL BUT THE MOVEMENT CONSUMER PROTECTIONCLE STATE 6770 STATES 1973 ET SEQ 1976 THAT ACT 651 STREAMLINED ENFORCEMENT PROCEDURE ASSESSE UNDER WHICH THE SECRETARY OF LABOR ASSESSES HAS CITED ILH PENALTYAFTER AN OSHA INSPECTOR AN EMPLOYERFORFAILURE TO PROVIDE SAFE WORK TERM OF THE ACT ING ENVIRONMENT UNDER THE TERMS THE ENFORCEMENT PROCEDURE IS LAID OUT IN DETAIL 29 IN USC ATLA 518 ATLAS F2D AT 9951000 CONSOLIDATED ON APPEAL ATLA AND IREY WERE ATLAS CERTIORARIONLY BUT THE SUPREME COURT GRANTED AS TO THE QUESTION WHETHER OSHA PROCEDURE PROCEDURES DEFENDANT THEIR SEVENTH AMENDMENT DENIED DEFENDANTS 96 SCT 964 JURY TRIAL 424 US RIGHTTO 1458 47 LED2D 15 731 1976 STATE INVESTIGATION INVESTIGATIONS ONEILL CIT P2D AND CRIMINAL SANCTION IF THE CIVIL ASPECTS SANCTIONS ASPECT ARE CONSIDEREDREMEDIAL IN THE CASE ALASKA 527 20 FOR SUMMARY COURT JUDGMENTDISPOSITIONTHE THI CLAIM THIS SINCE CONGRESS REJECTED CONGRES SUB JUDICECANDORCOMPELS COMPEL HAS THE POWER TO EXACT EITHER CIVIL OR CRIMI OF NAL PENALTIES VIOLATION OF STATUTES STATUTE PUNITIVE ASPECTS ASPECT PENALTIEFOR VIOLATIONS THE OSHA FOR PENALTIEPARTICULARLY PENALTIES HAS CHARACTERIZED 1W CONGRES CONGRESS WILLFUL VIOLATIONARE FAR MORE APPARENT THE AS CIVIL AND THE REMEDY ONLYCONSE US TO CONCEDETHAT THE FEATURE FEATURES THAN ANY REMEDIAL HOWEVER CONSCIOUS REFUSAL TO DELIBERATE AND CONSCIOU ABATE FOR THE GOVERN QUENCE OF JUDGMENT THE COURTS MENT IS COURT HAVE MONEY PENALTY TAKEN CONGRESS CONGRESAT ITS WORD HAZARDOU CONDITION MAY BRING HAZARDOUS SITUATION WHERE HEAVYCIVIL ABOUT APPELLANTURGE APPELLANTS PENALTY MIGHTBE NEEDED TO EFFECTCOMPLI STANDARD SAFETY STANDARDS WITH ANCE IN EXPRES EXPRESS ANY CIVIL TOO FAR DOWN EVENT WE HAVE NOW COME THE ROAD TO HOLDTHAT CIVIL PENALTY MAY THE LABEL AT LEGISLATIVE POLICYALTHOUGH TACHED BY CONGRESS DOE NOT PRECLUDE DOES CONGRES JU STATUTE WHICH TRANS TRAN GRESSES CONSTITUTIONALRIGHTNO SUCH IN GRESSE FRACTIONHAS OCCURREDHERE 519 F2D AT 1204 CITATION FOOTNOTE AND CITATIONS FOOTNOTES OMITTED IN THI CONCLUSION THIS THE COURT REACHING RE DECISION OF THE SECOND CIRCUIT UNITED STATES STATE WILLIAM CO 498 F2D WILLIAMS LIED ON 51 AS ACTION AND TO HOLD THE SANCTION SIXTH THERE THE 414 2D CIR 1974 FRIENDLY FEDERAL TRADE COMMISSION HAD ISSUED AMENDMENT 498 F2D AT FOOTNOTE OMITTED CITATION AND FOOTNOTES CITATIONS WE AND DESIST ORDERAGAINST WILLIAM AND WILLIAMS CEASE TO OVERLOOKCONGRESS CONGRES THI CASE CRIMINAL BECAUSE OF IMPOSEDIN THIS ITS ALLEGEDLY PUNITIVEPURPOSE WHILE COULD NOT PERMISSIBLY UNDER CONGRES CONGRESS MINE CONSTITUTIONALPROTECTIONS PROTECTION SIMPLYBY THE CIVIL LABEL TO TRADITIONAL APPENDING LY CRIMINAL PROVISIONS PROVISIONTHE STATUTE HERE AT ISSUE IS PLAINLY NOT OF THAT CLASS THE CLAS FACE OF LINE OF CONTRARYAUTHORITY LONG HAVE NOT DIRECTEDOUR ATTENTION APPELLANT APPELLANTS TO ANY CIVIL PENALTY THAT HAS PROVISION BEEN HELD SUFFICIENTLY CRIMINAL IN NA TURE TO INVOKE THE PROTECTIONS OF THE PROTECTION NOT BE ASSESSED TO ENFORCEOBSERVANCEOF DICIAL REVIEW OF US CHARACTERIZATION OF FIND THE OF REASONING THE WILLIAMS WILLIAM CLAIM THE IVEH GENERAL R ELIEF INJUNCTIVE TO REFRAIN FROM MAKINGCERTAIN REPRESENTA ATTORNEY SOUGHT 501 OF THE ALASKA ACT TO TION ABOUT THE EFFECTIVENESS TIONS EFFECTIVENES OF THE PRODUCTPURSUANTTO RESTRAIN THE USE OF ALLEGED UNLAWFUL ACTS ACT GERITOL AS CURATIVE FOR TIREDNESS TIREDNES GENERAL AND ONEILL AS TO AFTER DETERMINATION PRACTICE PRACTICES AND LOSS LOS OF STRENGTH BY COROLLARY RELIEF UNDER THE ALASKA THAT THE AGENCIES HAD FAILED TO WITH INJUNCTIVE 501 AGENCIE COMPLY ACT PROVIDES THE TERMS TERM OF THE ORDER THE FTC COM PROVIDEFOR CIVIL PENALTYOF NOT MORE THAN 5000 DEMAND MENCED ENFORCEMENT PROCEEDINGS PER VIOLATION UNDER PROCEEDING OF 500000 EACH 551B UPON FINDINGBY THE COURT THAT AN ING JUDGMENT AGAINST 1SQH THE GOVERNMENTS MOTION FOR UNLAWFUL ACT OR PRACTICE HAS BEEN OR IS GOVERNMENT WAS AND THE CHARACTERIZA BEINGUSED THE LEGISLATURES LEGISLATURE SUMMARY JUDGMENT GRANTED TION OF THE PENALTY AS CIVIL IS UNDER THE DEFENDANT APPEALED DEFENDANTS ON THE THEORY THAT AN ACTION TO RECOVER PENALTIES OF CIRCUMSTANCE ENTITLED TO GREAT WEIGHT CIRCUMSTANCES PENALTIEUNDER THE FEDERAL TRADE COMMISSION ACT WAS WE FIND THAT THE ALASKA ACT AS APPLIED TO CRIMINAL IN NATURE AND THUS THU INAPPROPRIATE IS NOT 1 1Q0 Q0S ONEILL PENAL ANOTHER ADVERTISING AGENCY THEM REQUIRING 15 USC PROVIDEDFOR CIVIL PENALTY OF NOT MORE THAN 5000 FOREACH VIOLATION OF AN FTC CEASE AND DESIST ORDER AND THAT SUCH PENALTYOR FORFEITUREMAY BE RECOVERED IN CIVIL ACTION BROUGHT STATE THE BY THE UNITED STATES PENALTYPROVISIONHAS SINCE BEEN INCREASED TO FOR EACH VIOLATION OF 15 USC 10000 1976 COURT 17 OF ONEILLS ONEILL FOLLOWED IN MOHAWK EXCAVATING INC OC HEALTH REVIEW 549 F2D 859 863 WARD 2D CIR 1977 1355 OKQ COLEMAN 423 FSUPP 1352 UNITED STATES STATE EUREKA PIPELINE CO 1976 1H FSUPP 934 937 WVA UNITED CUPATIONALSAFETY STATES STATE GENERAL MOTORS MOTOR CORP 1151 1161 DCONN1975 403 IT SHOULD BE NOTED THAT THREE MEMBERS MEMBER OF THE CASE CONCUR IN THE SEPARATE THI PANELDECIDINGTHIS ALASKA REP 607 AT CONSUMER PROTECTIONCLE 2001009 16 ALASKA 528 609 PACIFIC 2D SERIES SERIE REPORTER THEREFOREWE CON REJECT OF THE ACT PROVISION PROVISIONS F OR IT IS BASIC CONSTRUED STRICTLY AN ACT OR TRANSACTIONREGULATED UN TENTION THAT THE DER LAWS LAW ADMINISTERED SHOULD BE BOARD OR COMMISSION OR ANY REGULATORY OFFICER ACTING UNDER STATUTORY AUTHORITY STATUTE THAT REMEDIAL CIVIL STATUTES ARE TO BE ACCORD LIBERALCONSTRUCTION ED OF THE STATE WE FIND THE QUATE BRIEF HAS TION DOES DOE RIGHTTO JURYTRIALFOR ON BRIEFING THI THIS POINTINADE OF WHEN IN THE ARGUMENT PORTION MAJORPOINTHAS BEEN GIVENNO MORE THAN CURSORY STATEMENT WE WILL NOT CON SIDER IT FURTHER FAILURE TO ARGUE POINT CONSTITUTE AN ABANDONMENT OF 21S CONSTITUTES THE STATE BY OF THE UNITED STATES STATE UN LES THE LAW REGULATING LESS THE ACT WE DO NOT ADDRESS ADDRES THE QUESTION OF WHETHER ONEILL OR BY OR TRANSAC PROHIBITTHE PRACTICES PRACTICE DE CLAREDUNLAWFUL IN 471 OF THIS THI CHAPTER DEBT COLLECTIONAGENCIES AGENCIEARE 24 CHAPTER TITLE MERE REGULATED BY UNDER REGULATION SEPARATEAND DISTINCT STATUTORY SCHEME HOWEVER SATISFIES SATISFIE ONLY ONE PRONG OF 4811 UNFAIR ACTS ACT AND PRACTICES ARE EX PRACTICE EMPT FROM THE PURVIEWOF THE ACT ONLY WHERE THE BUSINESS BUSINES IS BOTH REGULATED ELSE AS ERRONE CHALLENGES CHALLENGE WHERE AND THE UNFAIR ACTS ACT AND PRACTICES ARE PRACTICE OUS THE TRIAL COURTS COURT RULING THAT THE ALASKA THEREIN PROHIBITEDWITH ONE EXCEPTIONU ACT EMBRACES EMBRACE INDEPENDENT DEBT COLLECTION 24 OF TITLE DOE NOT PROHIBIT DOES THE THI ARGUMENTIS IN LARGE THIS EQH PART CHAPTER ACT ACTS AND IN THE STATES PRACTICE ALLEGED PRACTICES STATE ONEILL PREDICATED UPON ONEILLS CLAIM WHICH WE 24 DOES DOE NOT REG HAVE REJECTED IN PART OF THIS THI OPINIONTHAT COMPLAINTINDEED CHAPTER NEXT ONEILL THE ALASKA ACT AS SECOND MUST BE CONSTRUED STRICTLY FOR GROUND REVERSAL OF THE ULATE THE ACTIVITIES ACTIVITIE OF DEBT COLLECTIONAGEN CIE VISAVIS CIES VISAVI CONCERN DEBTORSITS PRIMARY DEBTOR BETWEEN RELATIONSHIP THE TION 4811 LECTION AGENCIES AGENCIEFROM THE SCOPE OF THE ACT EXEMPT EXEMPTS AND REACH THE CON OPINION OF JUSTICE DIMOND CLUSION THAT THIS THI IS NOT PENAL STATUTE BUT BY DIFFERENT AVENUE THAN DO THE AUTHOR OF THIS THI OPINION AND JUDGE BLAIR NO PENALTIES PENALTIE UNDER THE CRIMINAL PROVISION OF THE ACT HAVE BEEN PROVISIONS SOUGHTAND ONEILL RECOGNIZES RECOGNIZE AS IT MUST THAT THI THIS COURT INQUIRYINTO THE NATURE OF THE CIVIL COURTS PROVISION OF THE ACT MUST BE LIMITED TO THE PROVISIONS FACT OF THIS FACTS THI CASE IS 20 CRIMINAL STATUTE STATUTES SHOULD BE STRICTLYCON STRUED SAND SANDS SUTHERLAND ON STATUTORY CON STRUCTION 5903 AT 4TH AD 1974 DEBT COLLECTION AND THE STATE WE FIND THEREFORE AGENCIES AGENCIE THAT THE EXEMPTION CLAUSE DOES DOE NOT WITH DRAW THE ACTIVITIES ACTIVITIE OF DEBT COL INDEPENDENT CONSTRUINGPENNSYLVANIAUNFAIR TRADE PRAC TICE TICES AND CONSUMER PROTECTION ACT STATE NORTH WEST CHRYSLERPLYM OUTH INC 82 WASH2D 265 510 P2D 233 242 WILLIAM RALPH WILLIAMS 1973 TECTION 21 CONSTRUING WASHINGTON CONSUMER ACT PRO LEWI LEWIS P2D 69192 STATE 469 689 ALASKA 1970 SEE ALSO SPITZER CO BARRON 581 P2D 213 ALASKA 1978 KRISTICH STATE 550 P2D 796 804 ALASKA 1976 WERN MATANUSKA ELECTRIC ASSOCIATION 494 BERG P2D 790 794 ALASKA 1972 6001 AT 29 ONEILL ARGUES THAT BE ARGUE 22 ONEILL CHALLENGED THE APPLICABILITYOF THE THE ALASKA ACT CONTAINS CONTAIN SOME PENALPRO ACT TO ITS ACTIVITIES ACTIVITIE IN ITS PRETRIALMOTION FOR VISION VISIONS THE ENTIRE ACT MUST BE STRICTLYCON SUMMARY JUDGMENT WHICH IT RENEWED AT THE STRUED WE COURT HAVE RE DISAGREE SEVERAL COURTS L6 THE STATES STATE CASEINCHIEF BOTH MOTIONS MOTION FUSED TO STRICTLY CONSTRUE REMEDIAL LEGISLATION WERE DENIED BECAUSE THAT WILLFUL MERELY LEGISLATION PUNISHE PUNISHES VIOLATION BY IMPOSINGCRIMINAL PENALTIES VIOLATIONS PENALTIE SEE 23 ONEILLS ONEILL IONH THAT THE DOCTRINE OF LAMAN MCCORD 245 ARK 401 432 EJUSDEMGENERIS GENERI IS APPLICABLEIS WITHOUT MERIT SW2D 753 755 1968 BOARD OF PUBLIC IN TIONH DORAN 224 SO2D 693 699 FLA 24 AS 0824320 PROHIBITTHE USE BY COLLECTION PROHIBITS STATE EX TURNER 1969 KOSKOT DOCUMENT WHICH IMITATE JUDICIAL AGENCIE OF DOCUMENTS AGENCIES 191 NW2D 629 IOWA LA INC 624 THEREFORETHE USE OF SUCH IMITATIVE PROCES PROCESS 1971 CONSTRUINGIOWA CONSUMER PROTECTION DOCUMENT WOULD BE EXEMPTED FROM THE REACH DOCUMENTS COMMONWEALTH MONUMENTAL PROPER ACT OF AS 4550471561 817 TIE INC 459 PA 450 329 A2D TIES ID CAUSE 19 CONSUMER IS LOWER COURT RULING ONEILL CONTEND CONTENDS THAT THE EXEMPTION CONTAINED IN 4811 PRE CLUDE APPLICATION CLUDES OF THE ACT TO ACTS ACT AND PRACTICEOF DEBT COLLECTIONAGENCIES PRACTICES AGENCIE SEC PROTECTIONCLE 17 STATE ONEILL AS ARGUE THAT THE LOWER ARGUES FINALLY LLH COURT OF THE ERREDIN ITS APPLICATION TIVE DIRECTIVE OF WHICH 545 OF THE ALASKA ACT PROVIDETHAT PROVIDES OF THIS THI 471 INTERPRETING AND GREAT DUE CONSIDERATION CHAPTER LH OF THE FEDERAL TRADE COMMIS COMMI ALASKA 529 520 REACH THIRD PARTY DEBT COLLECTION SECOND THE COURT FAILED TO ACCURATELY ASSES ASSESS THE OF THE FEDERAL FAIR DEBT COL LICA LECTION PRACTICES PRACTICE ACTR THESE ARGUMENTS ARGUMENT TO BE WEIGHTSHOULD BE GIVENTHE INTERPRETATIONS INTERPRETATION OF SEC INC IGATION MASK 2H MASKS FIRST IT IS WE FIND BOTH OF UNPERSUASIVE THAT THE BEYONDDISPUTE FEDERAL TRADE COMMISSION HAS ASSERTEDITS SION ACT 15 USC MADE BY LH THE FEDERAL TRADE COMMISSION AND THE FED ACT ACTS OVER UNFAIR OR DECEPTIVE JURISDICTION AND PRACTICES OF DEBT COLLECTION PRACTICE AGENCIEBY AGENCIES ERAL Q2Q6H TO ONEILL THE ADMINISTRATIVE RULEMAKING AND ADMINIS ADMINI ERROR WAS TWOFOLD FIRST THE COURT GAVE TRATIVE TO Q2Q6H EXCESSIVE WEIGHTAND UNDUE CONSIDERATION ONEILLS ONEILL WHICH ARE ASSERTIONADJUDICATIONS ADJUDICATION TO ADMINISTRATIVE AND JUDICIAL INTERPRETARESOLVED BY CONSENT DECREE CONSTITUTE AN TION OF THE FEDERAL TRADE COMMISSION ACT TIONS ADMINISTRATIVE INTERPRETATION OF THE FEDERAI WHICH ARE NEITHER TRADE COMMISSION ACT WHICH HAVE CLEAR ANALOGOUNOR PER ANALOGOUS SUASIVE BECAUSE THE FEDERAL ACT DOES DOE NOT Q2Q6 PRECEDENTIAL 25 SECTION 5A1 OF THE FTC ACT READS READ UNFAIR METHODS METHOD OF COMPETITION IN COM AND UNFAIR OR DECEPTIVEACTS ACT OR PRAC MERCE TICE TICES IN ARE DECLARED UNLAWFUL COMMERCE 26 THE SUPERIOR COURT HELD LANGUAGEOF AS 4550471 IS SUFFI COLLECTIONIVI CIENTLYBROAD TO ENCOMPASS ENCOMPAS TIE TIES THE LANGUAGEOF AS 545H INSTRUCT INSTRUCTS THE COURT THAT IN INTERPRETING SECTION 471 OF THI THIS CHAPTER DUE CONSIDERATION AND GREAT WEIGHT SHALL BE GIVEN TO THE INTERPRETATIONS INTERPRETATION OF THE FEDERAL TRADE COMMISSION ACT 15 USC FIND THAT THE GENERAL 45A1 ARE NOT WORD OF SECTION 471A WORDS RESTRICTEDIN BECAUSE MEANING OF OBJECTS OBJECT EJUSDEMISH OF THE CLEARINTENT EXPRESSED BY AS 4550545 THAT GREAT WEIGHTSHOULD BE GIVEN TO THE IN THI LANGUAGEUNDER THE FED TERPRETATION OF THIS TERPRETATIONS ERAL TRADE COMMISSION ACT 27 28 15 USC 1692 ET SEQ SUPP1977 SEE 16 CFR PART 237 1979 ENTITLED GUIDELINES AGAINST DEBT COLLECTION DECEPTION GUIDELINE ADOPTEDBY THE FEDERAL TRADE COMMISSION IN 1967 THESE REGULATIONPROVIDEIN PERTINENT REGULATIONS PART THAT NO DEBT COLLECTION AGENCY SHALL USE OR DECEPTIVE REPRESENTATION DECEPTIVE DEBT OR COLLECTOR ATTEMPT TO COLLECTDEBTS TO OBTAIN INFORMATION CONCERNING 16 DEBTORS DEBTOR CFR THESE REGULATIONS 23711979 REGULATIONREBUT ONEILL ONEILLS ATTEMPT TO DISTINGUISHTHE FEDERAL ACT AS LACKING OF PARTICULAR INSTANCE INSTANCES OF UNFAIR OR DECEPTIVEPRACTICES PRACTICE TO MEAN MEANS 29 SEE ALSO HEARST CORP 82 FTC 218 1973 NEIGHBORHOODPERIODICAL CLUB INC 81 FTC 93 81 1972 KEY LEARNING SYSTEMS INC SYSTEM FTC 296 1972 ACCOUNT SERV INC EMPIRE ACCOUNTS 80 FTC 80 FTC 257 1972 794 1972 ASSOCIATED CLAIMS CLAIM INC INTERSTATE CREDIT CORP 78 FTC 963 1971 FINANCIAL SERV IMH 77 FTC 1138 1970 ILLINOI COLLECTION SERV ILLINOIS 77 FTC 1336 1970 MUTUAL CREDIT BUREAU INC 76 FTC 448 1969 EDWARD COX 71 FTC 485 CREDITOR 1967 INTERNATIONAL CREDITORS 70 FTC 19 1966 STATE CREDIT CONTROL ASS 70 FTC 1318 1966 PORT RD JOSEPH WOOD 73 FTC 68 1966 HISTORYBOOK CLUB INC 66 FTC 951 1964 GREYSTONE CORP 66 FTC 1108 1964 65 TIMED ENERGY INC FTC 914 1964 65 WALTER CLACK INC FTC 1268 1964 65 DOUBLEDAY CO 1280 1964 FAMILY PUBLICATION SERV 63 FTC 971 1963 CREDIT LION BUREAU OF MD 67 FTC 277 1965 PAR ENT ENTS 980 MAGAZINE ENTERPRISEINC 68 FTC HOUSE OF PLATE INC 47 FTC 1411 1965 FTC INC 1951 STATE CREDIT ASSN 86 FTC 502 TO THIRD 30 SEE MANDEL BROS 359 US 1975 UNFAIR AND DECEPTIVE QUESTION BRO 385 DEBTOR HOUSEHOLD ABOUT THE DEBT 79 SCT 818 LED2D 893 1959 THE CON PARTIE IN THE DEBTORS PARTIES ROCK TO USE COLLECTION FORMS FORM WHICH MISREPRESENTED SENT ORDER PROCEDURE IS SUMMARIZED IN THAT LEGALACTION WAS ABOUT TO BE INITIATED ON PRACTICE AND PROCE LLER DESK BOOK OF DURE 8588 FOR PURPOSES DEBT OR THAT UNPAID DEBTS DEBT WOULD BE 2D ED 1976 UNPAID DEBTS PURPOSE SEE REFERREDTO AN ATTORNEY OR THAT FAILURE TO MAKE FULL PAYMENT WOULD RESULT IN IMPAIRMENT OF CREDIT STATUS STATU AND PRIVILEGES CREDIT PRIVILEGE ICAN 609 CONSUMER BUREAU INC 84 FTC 1582 1974 DECEPTIVE OR UNFAIR TO DISCUSS DISCUS DEBTORS DEBTOR OBLIGATIONWITH DEBTOR EMPLOYERS DEBTORS RELATIVE AND FRIENDS TO EMPLOYER RELATIVES FRIEND DEBTOR THAT FAILURE TO PAY MISREPRESENTTO DEBTORS AMOUNT AMOUNTS WILL RESULTIN CRIMINAL PROS REQUESTED PRO ECUTION BY LAW ENFORCEMENT AUTHORITIES AUTHORITIE GAR NISHMENT OF WAGES OR OTHER IMMEDIATE WAGE LEGAL AND SUNSHINE ART STUDIOS 81 ACTION STUDIO INC FTC 836 1972 DECEPTIVE PRACTICETO MISRE DEBT WOULD BE REFERREDTO PRESENT THAT UNPAID DEBTS WILSON ATTORNEY FOR IMMEDIATE LEGALACTION CHEMICAL CO 64 FTC 168 1964 SAME TREAT CONSENT OR COMPLIANCETHE COMMISSION TREATS DER IDENTICALLY DERS TO THOSE WHICH HAVE BEEN LITI AT 98 GATED 12 PROTECTIONCLE 18 ALASKA 530 609 PACIFIC SECONDWE DO RECENT ENACTMENT 2D SERIES SERIE REPORTER NOT AGREE THAT THE OF THE FEDERAL FAIR DEBT COLLECTIONPRACTICES PRACTICE ACT 15 USC DENIALOF THEMOTION FOR SUMMARY JUDGMENT ARE WITHOUT MERIT 1692 PROHIBITALL PROHIBITS SUPP1977 WHICH SPECIFICALLY UNFAIR OR HA FALSE DECEPTIVE MISLEADING COLLECTIONPRACTICES IS EVIDENCE THAT IN GRANTING ONEILL ONEILLS MOTION FOR RULE RASSING PRACTICE SUCH PRACTICES WERE NOT PROHIBITED COURT HELD THAT PRACTICE BY PRIOR 41B DISMISSAL THE SUPERIOR FEDERAL 3S THI CLAIM IGNORES THIS AS 4550471A IS UNCONSTITUTIONALLY IGNORETHE NEW VAGUE REMEDIE CREATED BY THE FAIR RIGHT AND REMEDIES RIGHTS AS APPLIED TO THE PARTICULAR ACT ACTS PROVEN AT PRACTICE ACT CONSUMER CONSUMERS DEBT COLLECTION PRACTICES TRIAL IN ITS CONCLUSIONS CONCLUSION OF LAW THE COURT HAVE NOW PRIVATE RIGHTOF ACTION AGAINST STATED CREDITOR CREDITORS UNAVAILABLE UNDER THE FEDERAL ALASKA STATUTE 50 STATUTES STANDING TRADE COMMISSION ACT THE CONSUMER NOW ALONE IS VAGUE AND UNCERTAIN IN APPLICA HAS THE RIGHTTO CUT OFF COLLECTIONAGENCY TION TO THE DEFENDANTS DEFENDANT ACTIVITIES ACTIVITIEAS SET AND COLLECTION AGENCIES CONTACT CONTACTS AGENCIE NOW FORTH ABOVE AND AS EVIDENCED DURING THE HAVE AN AFFIRMATIVE DUTYTO FURNISH ALLEGED IN THAT SAID PROVISION AF DOE DOES NOT TRIAL DEBTOR WITH DETAILED INFORMATION REGARDING DEBTORS FORD DEFENDANT EQUAL OF THE PROTECTION THE AMOUNT OWEDM THE NEW ACT EXPAND EXPANDS FEDERAL TRADE COMMISSION ALREADY EXISTING OVER UNFAIR OR DECEPTIVE ACT ACTS JURISDICTION AND PRACTICES OF COLLECTIONAGENCIES PRACTICE AGENCIE IT IS NOT WRITTEN ON CLEAN SLATE THI THIS CONSTITUTION AND ARTICLE SECTION OF THE CONSTITUTION OF THE STATE OF ALASKA THE FEDERAL THE FAILURE BY THE STATE TO EXERCISE OF JURIS PRIOR JURI TRADE COMMISSIONS COMMISSION DICTION IN LAW AND DUE PROCES PROCESS OF LAW AS REQUIRED BY THE FOURTEENTH AMENDMENT TO THE US ADOPT REGULA TION SPELLING TIONS OUT THE INTENT OF THE UNFAIR IS ENTITLED TO GREAT GRAIN ELEVA SHREVEPORT AREA IT SEEKS SEEK TO CON DECEPTIVE PRACTICE PRACTICES THE DEFENDANT DEFENDANTS AND OTH PRECLUDE PRECLUDES ERA SIMILARLY SITUATED FROM BEINGAPPRISED CLUSION THAT THE NEW ACT MERELY AS TO WHAT CONDUCTIS PROHIBITED OR OTHER SUPPLE MENT MENTS THE OLD WE ARE OF THE OPINION THAT WISE PRESCRIBED IT IS NOT THE COURTS COURT THE SUBSEQUENT ENACTMENT OF LEGISLATION PREROGATIVE TO INTERVENE IN THE LEGISLATIVE DOE NOT ESTABLISH AFFIRMATIVE PROOFOF NO DOES AREA OR THE EXECUTIVE BRANCH BY GUESSING PRIOR RQITY AS TO WHAT ACTS ACT OR PRACTICES THE LEGISLA PRACTICE TURE HAD IN MIND IN ADOPTING AS 4550471 IN SUMMATION WE CONCLUDE THAT THE ABOVE ET SEQ GROUNDURGED FOR REVERSAL OF THE GROUNDS WEIGHT AND CO 287 US 77 84 53 SCT 42 44 77 AND LEADS LEAD TO THE CON LED 175 179 1932 DEMN TOR 31 NOTE THAT THE SERI LEGISLATIVE HISTORYNOTES ABUSE IN THE DEBT LEC WIDESPREADABUSES AREA AND THE INADEQUACYOF EXISTINGSTATE AND FEDERAL LAWS LAW MAKE THIS THI LEGISLATION NECE NECES SENATE REPNO 38 SARY AND IATEE AT 95TH CONG2D SESS SES REPRINTEDIN 1977 CODE CONG ADMINNEW ADMINNEWS PP 1695 1697 WILL TERMINATE THE AND OUS THE 1978 F2D 672 94 TH 696 1973 CERT DENIED 15 US 951 567 1974 1475 39 LED2D SUBSE DOES NOT DOE QUENT GRANT OF CONGRESSIONAL AUTHORITY IS PROVE AGENCYS AGENCY PRIOR LACK OF AUTHORITY EQUALLYPOSSIBLE THAT CONGRESS CONGRES GRANTEDTHE POWER OUT OF UNCERTAINTYUNDERSTANDABLE CAU DESIRE TO AVOID LITIGATION TION AND ACT BECAME EFFECTIVE ON MARCH 20 AFTER THE FILING OF THE COMPLAINTIN THIS THI NEW CASE 32 15 USC 1692K 33 15 1692C 1977Q 34 15 1692G 1977 SUPP1977 36 THI THIS CONCLUSION WAS CONTRARY TO THAT WHICH REACHED BY THE SUPERIORCOURT IN ITS DECI SION DENYING ONEILLS ONEILL MOTION FOR SUMMARY WAS JUDGMENT WHEN 35 SEE 610 86 SCT FOODS CO 384 FOOD 1746 16 LED2D DEAN US 597 811 1738 802 COURT WILL NOT CONSTRUE AN AGENCYS AGENCY RE AS AFFIRMATIVE QUEST FOR AUTHORIZING LEGISLATION PROOFOF NO AUTHORITY POLICYREQUIRES REQUIRE THAT AGENCIES WHICH AGENCIE FEELFREE TO ASK LEGISLATION 1966 CONSUMER PROTECTIONCLE AVOID ADVERSE CONTENTIONS CONTENTION AND NATIONAL PETROLEUM REFINER REFINERS 157 USAPPDC 83 107482 OR LITIGATION LITIGATIONS 2OO1 SECTION 471A THE ILLUSTRATIVE IS READ AS WHOLE WITH EXAMPLESDEFININGUNFAIR PRAC EXAMPLE TICE PROVIDEDIN 471B TICES THE STATUTE GIVES GIVE ADEQUATENOTICE OF PROSCRIBEDCONDUCT SINCE CURSORY LEGALRESEARCH WOULD REVEAL DOZEN OF FEDERAL COURT AND AGENCY DOZENS LITERALLY INTERPRETATIONOF STATUTORY LANGUAGENEARLY INTERPRETATIONS 19 STATE INVESTIGATION INVESTIGATIONS ONEILL CIT INC THI RULING ALASKA ACT IS URGE AFFIRMANCE OF THIS URGES WHEREA THE STATE ARGUES WHEREAS THAT THE COURT PLIEDTO ARGUE VAGUE IMPERMISSIBLY ONEILL ERRED IN THE STATUTE FINDING PLIEDAND IN VAGUE AS THAT IT IS WELLESTABLISHED UTE AP THE MOTION TO DISMISS DISMIS GRANTING WHICH EITHER FORBIDS FORBID OR ALASKA 531 ALASKA SOS STAT REQUIRETHE REQUIRES THE UNFAIR OR AS AP READ READS CHALLENGED LANGUAGE METHOD OF COMPETITION METHODS AND UNFAIR ACT ACTS DECEPTIVE UNLAWFUL AND ARE DECLARED PRACTICE PRACTICES WE FIND THAT THIS THI STATUTE DOES DOE FACT CHILL CONSTITU APPLIEDTO THE FACTS TIONALLY PROTECTED SPEECH THE SPEECHIN OF COMMON INTELLIGENCEMUST NECESSARILY INVOLVE INVOLVES COMMUNICATION COMMUNICATIONS REGARD QUESTION GUES AT ITS MEANINGAND DIFFER AS TO ITS GUESS DEBT AND THUS DEBTS AS ONEILL CON THU ING ALLEGED VIOLATE THE FIRSTESSENTIALOF DUE VIOLATES APPLICATION FALL WITHIN THE RUBRIC OF COMMERCIAL CEDE FALLS CEDES OF LAW THERE ARE THREE PRINCI PROCES PROCESS COMMERCIALSPEECH SPEECH ENJOYS LESSER ENJOY CONSIDERATION IN DETERMINING WHETHER PALCONSIDERATIONS FIRST AMENDMENT PROTECTION THAN NONCOM STATUTE IS UNCONSTITUTIONALLY VAGUEUFIRST MERCIALSPEECHTHUS SOME FORM FORMS OF COM THU THE STATUTE MAY NOT OPERATETO INHIBIT THE MERCIAL SPEECH ARE REGULATION PERMISSIBLE EXERCISE OF FIRST AMENDMENT IG BECAUSE COMMERCIAL SPEECH IS HARDIERLESS HARDIERLES THE STATUTE MUST PROVIDE SECOND ADEQUATE SUBJECT TO S2H UNITED STATES STATE SU NOTICE OF WHAT CONDUCT IS 4S STATE RESTRICTIONS RESTRICTION PREME COURT HAS UPHELD THIRD THE STATUTE MAY NOT BE DRAWN SO AGAINSTFALSE DECEPTIVEAND MISLEADING THAT IT ENCOURAGES AND IMPRECISELY ENCOURAGE ARBITRARY COMMERCIAL STATEMENTS STATEMENT IN FRIEDMAN ENFORCEMENT OF THE 41S 99 SCT 887 59 DISCRIMINATORY ROGER 440 US ROGERS WE MUST ADDRESS ADDRES EACH OF THESE CONSIDERA 100 1979 QUOTINGVIRGINIASTATE BD OF TION IN DECIDING TIONS WHETHERSECTION471 OF THE CITIZEN CONSUMER PHARMACY VIRGINIA CITIZENS DOINGOF AN ACT IN TERMS TERM SO VAGUE THAT MEN IDENTICAL TO ALASKA ALASKAS DEFENDANTS DEFENDANT ARGUMENT OR LYH THAT HE WAS NOT REASONABLY PUT ON NOTICE OF PROHIBITEDCONDUCT MUST FAIL DO NOT FIND THAT SECTION 471A AS USED IN THI SUIT AND AS THE BASIS THIS BASI FORTHE CIVIL REMEDY UNCON PRAYEDFOR BY PLAINTIFF TI VAGUE AS PRESENTEDWITHIN THE ISSUE ISSUES OF THIS THI MOTION FOR SUMMARY JUDG MENT THE STATE TO VIEW US AN OVERSIGHT EQUALPRO URGE URGES THE COURTS COURT LANGUAGE WITH RESPECT TO TECTION OF THE LAW AND TO REVERSE THE CONCLUSION OF LAW BECAUSE IT WAS BY MISTAKE NEITHER SIDE HAS PROPERLYBRIEFED THIS THI ARGU WE MENT ISSUE THEREFOREWILT NOT CONSIDER IT ON PROPERLY PRESERVED APPEAL SEE CITED IN NOTE 37 CONNALLY US 385 391 328 1926 38 39 13 AS AN CASE CASES SUPRA GENERAL CONSTRUCTION CO 269 46 SCT 126 127 70 LED 322 LARSON STATE 564 P2D 365 72 ALA ALAS HA 1977 ANDERSON STATE 562 P2D 351 56 ALASKA 1977 STOCK STATE 526 P2D 78 STATE MARATHON OIL ALASKA 1974 CO 528 P2D 293 29798 ALASKA 1974 GRAYNED 109 92 SCT CITY OF 2294 2299 33 408 US LED2D 222 104 228 1972 40 CONSUMER PROTECTIONCLE AS 41 OF JACKSONVILLE 405 83984331 LED2D 110 CITY OF ANCHORAGE 500 156 17092 SCT 83984731 LED2D 405 110 120 1972 42 THE BASI BASIS FOR AFFORDING COMMERCIAL SPEECH LESSER FIRST AMENDMENT EX PROTECTIONWAS PLAINEDSUCCINCTLY BY JUSTICE STEWART THE PRINCIPLE IN THE LIBEL DECI PRINCIPLESRECOGNIZED SIONS SUGGEST THAT GOVERNMENT MAY TAKE SION BROADER ACTION TO PROTECT THE PUBLIC FROM INJURYPRODUCED BY FALSE OR DECEPTIVEICE OR PRODUCTADVERTISINGTHAN FROM HARM CAUSED IN CONTRAST TO THE PRESS BY DEFAMATION PRES WHICH MUST OFTEN ATTEMPT TO ASSEMBLE THE TRUE FACTS FACT FROM SKETCHYAND SOMETIMES SOMETIME CON SOURCE UNDER THE PRESSURE OF PUBLI FLICTINGSOURCES CATION DEADLINES THE COMMERCIAL ADVERTISER DEADLINE IS IN POSITIONTO VERIFY THE ACCURACY OF HIS FACTUAL REPRESENTATIONS REPRESENTATION BEFORE HE DISSEMINATES DISSEMINATE THE ADVERTIS ADVERTI GENERALLY ERS ACCESS ACCES TO THE TRUTH ABOUT HIS PRODUCT AND ITS PRICE SUBSTANTIALLY ELIMINATE ELIMINATES ANY DANGER THAT GOVERNMENTAL OF FALSE OR MIS REGULATION LEADINGPRICEOR PRODUCT ADVERTISINGWILL ILL ACCURATE AND NONDECEPTIVECOMMERCIAL EX PRESSION THERE IS THEREFORELITTLE NEED TO SANCTION SOME FALSEHOOD IN ORDER TO PROTECT MATTER SPEECHTHAT MATTERS VIRGINIA STATE BD OF PHARMACY VIRGINIA CITI CONSUMER COUNCIL 425 US 748 77778 96 SCT 17 1833 48 LED2D 346 368 CON CURRING 1972 2001009 CITY OF PAPACHRISTOU US ZEN ZENS PAPACHRISTOU CITY US 156 16292 SCT 115 1972 MARK MARKS P2D 644 646 LAS NOT 20 532 ALASKA 609 PACIFIC 748 77172 346 COUNCIL425 US 18301831 48 I2D 96 36465 1817 1976 THE COURT STATED UTHFUL SERIE SERIES REPORTER COMMERCIAL OR OTHER SPEECH BEEN PROTECTED FOR EXTENDED TO THE CONTENT OF COM DECEPTIVE MERCIALSPEECHBATES BATE STATEBAR OFARI 97 SCT 2691 ZONA 433 US 50 84 53 LED2D 835 810 270809 1977 ASSOCIATESINC ASSOCIATE TOWNSHIPOF 431 97 SCT 1614 US 85 96 OWN SAKE GERTZ ROBERT WELCH INC 52 LED2D 164 418 US 94 SCT 41 1620 155 1977 YOUNG 323 340 2997 3007 AMERICAN MINI 427 US 806 THEATER THEATERS INC 50 LED2D 789 1974 KONIGSBERG 68 96 SCT 2440 2451 49 2DH 310 325 STATE BAR 366 US 36 49 AND N10 81 2DH 1976 BIGELOW VIRGINIA421 US 809 SCT 997 10051006 105 116 2235 44 LED2D 600 615 1961 OBVIOUSLYMUCH COMMERCIAL 828 95 SCT THE ALASKA ACT DOE DOES NOT 1975 ATTEMPTTO FALSEOR EVEN SPEECHIS NOT PROVABLY WISE HAS NEVER LINMARK FORITS SUPPRES TRUTHFULCOMMERCIAL SPEECH SUPPRESS OR MIS WHOLLY FALSE BUT ONLYDECEPTIVE EXTEND ONLY EXTENDS TO UNFAIR OR DECEP WE FORESEE NO OBSTACLE TO PROHIBITION LEADING REGULATION STATE DEALING STATES WITH THIS THI PROB TIVE SPEECHWE THINK THAT THE REGULATIONS EFFECTIVELY AND LEM THE FIRST AMENDMENT AS WE CON IMPOSEDBY THE ACT ARE PERMISSIBLE STRUE IT DOE NOT PROHIBIT THE STATE TODAYDOES FROM INSURING THAT THE STREAM OF COM MERCIAL INFORMATION FLOW CLEANLY AS WELL AS Q43S Q43 DIMINISHED FOR COMMER PROTECTION EXTENSION OF THE LOGICAL MARKETPLACE THEORYOF THE FIRST AMEND MENT OF FREEDOM EMERSON THE SYSTEM OF EXPRESSION 67 1971 EMERSON TO WARD GENERAL THEORY OF THE FIRST AMEND MENT 315 THE CRUX OF THE THEORY IS 1966 THAT TRUTHIS DISCOVEREDTHROUGH ITS COMPE CIAL SPEECHIS TITION WITH FALSEHOOD FOR ACCEPTANCE THE COURT HAS CONSISTENTLY RELIED UPON SUPREME THE MARKETPLACE OF IDEAS IDEA TO DETERMINE WHAT SEE RED LION SPEECHIS PROTECTED CO 395 US BROADCASTING 367 390 89 SCT 1794 1806 23 LED2D 371 389 NEW YORK TIMES TIME CO 1969 SULLIVAN 876 US 254 269 84 SCT 710 720 11 LED2D ROTH 354 686 700 1964 US 476 484 77 SCT 1304 1308 IF THE PURSUIT OF TRUTH IS 1498 1506 1957 THE TOUCHSTONEFOR FIRST AMENDMENT PRO TECTIONOF THAT PROTECTION WILL NOT SPEECH 43 IF EVEN BE FALSE NECESSARYTO ENSURE THAT THE STREAM OF INFORMATION REGARDING DEBT WILL DEBTS ALLEGED EVEN FLOW CLEANLY WORD OF SECOND WE FIND THAT THE WORDS SECTION471A HAVE WELLDEFINED MEAN INGIN TION TO THE FTC OF PRETATIONS PRETATION CONSUMER CONSIDERA SQ THE IS AXIOMATIC THAT WORDS WORD WILL BE WORD HAVE WORDS THE INFUSED WITH THE MEANINGOF PRIOR JUDICIAL RELEVANT PRIOR JUDICIAL CONSTRUCTIONHERE IS THAT WHICH HAS EMERGED FROM AGENCY AND JUDICIALINTERPRETATION OF Q4Q3H THE IDENTICAL WORDS WORD OF THE FEDERAL STATUTE THE FEDERAL TRADE COMMISSION ACT AS ENACTED IN 1914 PROHIBITED UNFAIR INITIALLY METHOD METHODS OF COMPETITION CONGRESS CONGRESCON SIDERED AND REJECTED THE SUGGESTION THAT IT MINIMIZE THE AMBIGUITY OF THIS THI PHRASETHE HOUSE CONFERENCE COMMITTEE EXPLAINED 418 US 94 323 33941 41 LED2D 789 80506 THEH WEIGHT IT WOULD BE GIVEN WHEN BALANCED AGAINSTTHE STATES STATE INTERESTIN PROTECT CONSUMER OR UNFAIR ACTS ACT ING CONSUMERS IVEH INST 45 PROTECTIONCLE DUE AND FEDERAL COURT INTER WHICH HAS 44 WOULD BE DE PRACTICE IN TRADE OR COMMERCE PRACTICES ININIMUS ININIMU EAR SEE NOTE UNSAFE FOR LITTLE EARS THE REGULATIONOF BROADCAST ADVERTISING TO CHILDREN 25 AQI 1131 1142 1978 ARE FEDERAL STAT ANALOGOUS ANALOGOU FIXED MEANING SURVIVED CHALLENGES FOR VAGUE CHALLENGE UTEM OR MISLEADING COMMERCIAL GIVEN FULLFIRST AMENDMENT PROTEC FALSE POLITICALSPEECH HAS GERTZ OR OF TRADE REGULATION AND GIVINGGREATWEIGHT AND AS 4550545 SEE DISCUSSION ACCOMPANY ING NOTE 25 SPEECHWERE TIONAS TIONA ROBERT WELCH INC SCT 2997 07 THE AREA THEREFORENOT VAGUE SINCE THE ALASKA ACT DIRECT THAT THIS DIRECTS THI SECTION BE INTERPRETED BY SEAR ROEBUCK SEARS 1919 CO 258 307 311 7TH CIR LARSON STOCK 1977 HARRI 1974 HARRIS KA 1969 STATE 564 P2D 365 372 ALASKA 12 ALASKA STATE 526 P2D STATE 457 P2D 638 649 ALAS ALA 21 ONEILL STATE INVESTIGATION INVESTIGATIONS P2D ALASKA IT IS WHICH TO IMPOSSIBLE FRAME DEFINITIONS DEFINITION EMBRACE UNFAIR THERE IS ALL EVEN IF ALL KNOWN UNFAIR DEFINED AND PRACTICES PRACTICE SPECIFICALLY BE AT IT WOULD ONCE NECESSARY PROHIBITED TO BEGIN OVER AGAIN IF CONGRESS WERE TO CONGRES ADOPTTHE METHOD OF DEFINITION IT WOULD WERE UNDERTAKE AN ENDLESS ENDLES TASK TO THE WHICH REPORT SAME US 643 51 587 75 LED 1324 THE COVERAGEOF THE ORIGI RESTRICTING NAL ENACTMENT TO PROTECTION OF THE PUBLIC EVIL LIKELYTO RESULT FROM THE FROM THE EVILS OR THE RESTRICTION DESTRUCTIONOF COMPETITION OF IT IN SUBSTANTIALDEGREE 283 AT 647 51 SCT AT 590 75 LED ENDOWED WITH BROAD WOULD ATTEMPT TO DEFINE THE MANY AND VARIABLE UNFAIR PRACTICES WHICH PREVAIL IN PRACTICE AND AND TO FORBID THEIR CONTINUANCE WHETHERIT DECLARA WOULDBY GENERAL UNFAIR PRACTICES LEAVE IT CONDEMNING PRACTICE THE COMMISSION TO THE LATTERCOURSE THE REASON DETERMINE WHAT TO UNFAIR WERE PRACTICES PRACTICE 316 NIZED THAT THE FEDERAL TRADE COMMISSION IS STATE STATES TRADE PRACTICES UNFAIR PRACTICE TION US 2D SESS SES CONG COMMITTEE GAVE CAREFULCONSIDERA AS TO WHETHER IT TION TO THE QUESTION OR AT 1329 384 EFFECT IS THE SENATE THE COMMERCE CO BROWN SHOE 321 86 SCT 1501 1504 16 LED2D 587 591 UNANIMOU UNANIMOUS COURT 1966 SUPREME RECOG 63RD 142H 1914 533 PRACTICE 1930 PRACTICES LIMIT TO HUMAN INVENTIVENESS INVENTIVENES NO IN THIS THI FIELD SKA INC 520 IT CONCLUDEDTHAT WOULD BE THE BETTERFOR OF THE REPRE STATED BY ONE POWERS TO DECLARE POWER THE FEDERAL TRADE COMMISSION HAS USED BOTH ITS LEGISLATIVE ADJUDICATORY POWER TO FIND DECEPTIVE POWERS COLLECTION UNFAIR IT HAS ADOPTED PRACTICE PRACTICES GUIDELINEAGAINSTDEBT COLLECTION DECEP GUIDELINES 47H HAS FOUND ACTS ACT AND PRACTICES OF PRACTICE DEBT COLLECTIONAGENCIES AGENCIEIDENTICAL TO THOSE CHARGED BY THE STATE HERE TO BE UNFAIR AND ACT ACTS AND PRACTICES DECEPTIVE PRACTICE PROHIBITED BY SECTION OF THE FEDERAL TRADE COMMISSION ACT SENTATIVE OF THE ILLINOIS SENTATIVES ILLINOI MANUFACTURERS MANUFACTURER ASSOCIATIONTHAT THERE WERE TOO MANY UNFAIR PRACTICES TO DEFINE AND AFTER WRIT PRACTICE ING20 OF THEM INTO THE LAW IT WOULD BE TO INVENT OTHERS OTHER QUITEPOSSIBLE SENATE REPORT NO 597 63RD CONG 2D SESS SES 13 1914 16 IN THE 1938 CONGRESS CONGRESADOPTED AMENDMENT 52 STAT 11 THE FAILURE OF THE STATE TO ADOPT OUT THE CONTOURS CONTOUR OF THE REGULATION REGULATIONS FLESHING ALASKA ACT IS IN LIGHT OF SECTION 545 OF THE COMMI ACT SAVED BY THE FEDERAL TRADE COMMIS SION INTERPRETATION SIONS OF IDENTICAL STATUTORY INTERPRETATIONS THI THIS INFUSION OF FTC LAW AND 4SQH SATISFIE THE SATISFIES REGULATION REGULATIONS PROCES INSISTENCE THAT PROCESS FUNDAMENTAL DUE GIVETHE PER UNFAIR OR DECEP SON OF ORDINARY INTELLIGENCEREASONABLE PHRASE TO KNOW WHAT IS PROHIBITED SO TIVE ACTS ACT AND PRACTICES LAN OPPORTUNITY PRACTICETO THE ORIGINAL THI THIS WAS GUAGE LEGISLATIVE ABNEGATIONTHAT HE MA ACT ACCORDINGLYGRAYNED OF THE HOLDING OF RALADAM CO CITYOF ROCKFORD408 US 104 108 92 SCT WHEELERLEA LAW LAWS WHICH ADDED THE 47 16 48 SEE 49 CFR NOTE PART 237 29 SUPRA SEE NOTE 28 SUPRA AND ACCOMPANYING TEXT THE ATTORNEYGENERAL HAS STATUTORYAUTHORI TY TO ADOPTINTERPRETATIVE REGULATION AS 45 REGULATIONS 50491 PROPERLYPROMULGATEDINTERPRETATIVE NOT IN ON THE COURT GENER RULE ALTHOUGH RULES FORCE AS STATUTE DA ALLYHAVE THE SAME VIS ADMINISTRATIVE LAW AND GOVERNMENT 126 THE EFFECT OF ADOPTING REGULATIONS 1960 REGULATION WOULD BE TO GIVE GREATERSPECIFICITY AND CLARITY TO THE BROAD STANDARD OF QUNFAQ METHOD OF COMPETITION METHODS AND UNFAIR OR ACT OR WHICH DECEPTIVE ACTS PRACTICE PRACTICES THE VENT GENERALIS EMPOWERED TO PRE NATIONAL PETROLEUM REFINERS REFINER ASS 157 83 84 482 F2D 672 673 CIR CERT DENIED 415 US 951 94 SCT 567 1974 SUBSTAN 1475 39 CONSUMER PROTECTIONCLE 2001009 TIVE RULEMAKING IS AN INVALUABLE ADJUNCT TO PURELY ADJUDICATIVEPROCEEDINGS PROCEEDING BECAUSE IT SHORTEN SHORTENS AND SIMPLIFIES SIMPLIFIE THAT PROCESS PROCES AND AD VANCE VANCES THE ORDERLY CONDUCT OF BUSINESS BUSINES ID 157 AT 90 482 F2D AT 679 INCREA INCREAS USAPPDC COURT ARE THAT USE OF RULE INGLY COURTS RECOGNIZING INNOVATION IN AGENCY POLICY MAKING TO MAKE INNOVATIONS BE FAIRERTO REGULATED MAY SILY PARTIE THAN PARTIES TOTAL RELIANCE ON CASEBYCASE ADJUDICATION ID AT 92 482 F2D AT 681 USAPPDC WE THINK THAT IT WOULD BE THE BETTER PRACTICE FOR THE ATTORNEY LH TO EXERCISE HIS DISCRE TIONARY RULEMAKING POWER TO FILL IN THE ORQ ICE OF THE ALASKA ACT RATHER THAN ON ADJUDICATION SEE EXCLUSIVELY 194 202 67 CHENERY CORP 332 US 1575 1580 LED 1995 2002 1946 22 RE ALASKA 534 PACIFIC 09 33H REPORTER LED2D THE CONSTITUTIONAL OF THE WARNING OF ADEQUACY CONDUCT SHOULD BE MEASURED NOT PROSCRIBED ONLYBY BUT INTELLIGENCE COMMON PRACTICE COMMON ALSO BY REL SHOTT EX TEHAN 365 F2D 191 198 6TH CIR 1966 CERT DENIED 385 US 1012 87 SCT 716 17 LED2D 548 1967 SEE ALSO JORDAN DE 341 US 223 32 71 SCT 703 95 LED HAD 70708 886 892 1951 ONEILL TICE LOOKED INTO THE COMMERCIAL AS REGULATED BY NOTICE THAT PRAC THE FEDERAL TRADE WOULD HAVE BEEN PUT ON OR UNFAIR DEBT COLLEC DECEPTIVE COMMISSION 2D SERIES SERIE IT WE WHETHER IT TO WAS LEFT ARE NOW TO CONSIDER FORTHE SUPERIOR COURT ERROR GRANTTHE MOTION TO DISMISS DISMIS AT THE CLOSE OF THE STATES STATE EVIDENCE THE STANDARDFOR DISMISSAL GRANTINGMOTION FOR INVOLUNTARY UNDER ALASKA RULE OF CIVIL PROCEDURE 41B WHETHER THE PLAINTIFFHAS FAILED IS PRESENTPRIMAFACIE PHENS 429 P2D 254 PHEN POPE ANDERSON10 1962 CORREA CASE 256 TO STE ALASKA 1967 185 187 ALASKA AT THI THIS STAGEOF THE PROCEEDINGS THE PROCEEDING BE VIEWED IN THE LIGHTMOST EVIDENCE MUST ACT AND PRACTICES TIONS ACTS TION PRACTICEWERE PROHIBITEDFAVORABLE TO THE CONDUCT ANY DEFECTS DEFECT IN THE CONSTITUTIONAL 429 P2D PLAINTIFF CORREA 254 265 ALASKA 1967 PHEN PHENS OF THE WARNING SUFFICIENCY PROVIDED BY THE WHERE THE COURT IS SITTING AS TRIER OF FACT ALASKA ACT IS THUS THU CURED BY AUTHORITATIVE IT NOT RESOLVETHE MOTION TO DISMIS BY DISMISS MAY ADMINISTRATIVE INTERPRETATIONS WHICH CLARIFY INTERPRETATION THE IF THE HAS EVIDENCE WEIGHING PLAINTIFF OBSCURITIE OR RESOLVEAMBIGUITIES OBSCURITIES AMBIGUITIE PARKER ON FACIE EASE BASED UNIM PUT PRIMA UPON LEVY 417 US 733 75256 94 SCT 2547 DISMIS EVIDENCE THE MOTION TO DISMISS POACHED 255961 41 LED2D 439 45658 1974 MUST BE DENIED ALASKA STATE KING ENFORCEMENT IS FINALLY ARBITRARY 512 P2D 890 HOUSING AUTHORITY 887 ALA ALAS NOT CONSIDERATION KA PROPER DUE PROCESS PROCES JONE 369 P2D 420 422 1973 TRUSTY JONES WHERE STATUTE IS CHALLENGED AS VAGUE NOT ALASKA 1962 ROGGE WEAVER368 P2D ON ITS FACE BUT AS APPLIED TO WHOM 810 813 ALASKA1962 OF IS CONSTITUTIONAL APPLICATION WILL NOT BE HEARD TO ATTACK THE ON THE THAT IMPLIEDLY IT MIGHTALSO BE GROUND TAKEN AS APPLYING TO OTHER PERSONS PERSON OR OTHER SITUATION IN WHICH ITS APPLICATION SITUATIONS MIGHT BE UNCONSTITUTIONAL RAINE 362 US RAINES LED2D 17 21 80 SCT 519 522 524 529 AS WE SAID IN STOCK STATE526 1960 12 ALASKA 1974 WHILE WE MAY BE TWO ELEMENTS ELEMENT MUST BE PROVED TO PRIMA FACIE CASE OF UNFAIR OR ACT OR PRACTICES ACTS UNDER THE ALASKA DECEPTIVE PRACTICE ACT THAT THE DEFENDANT IS ENGAGED IN ESTABLISH TRADE OR AND COMMERCE CONDUCTOF TRADE OR COMMERCE THAT IN THE UNFAIR ACT AN HAS OCCURRED PRACTICE OR ABLE TO CONCEIVE OF INSTANCES INSTANCE IN WHICH THE STATUTE COULDBE WE ENFORCED CANNOT ON THE BASIS BASI OF SUCH MERE HYPOTHESI IN THE ABSENCE OF ANY HIS HYPOTHESIS INVALI TORYOF ACTUAL ARBITRARY APPLICATION IN QUOTED DATE THE STATUTE ATHON OIL CO ABSENT 1974 HOOD OF UNEVEN 526 P2D TO BE THE VAGUE 50 528 STATE P2D MAR 298 293 ALASKA OR STRONG LIKELI HISTORY STOCK STATE APPLICATION THE ALASKA ACT CANNOT BE SAID UNCONSTITUTIONALLY VAGUE THE TRIAL COURT ERRED IN ALASKA AND ACT WE AS TO THE FIRST ELEMENT THE TRIAL AND CAPRICIOUSLY ARBITRARILY WAS MUST THAT CONCLUDING FOUND THAT ONEILL IS EN PROPERLY AS BUSINES BUSINESS GAGEDIN TRADE OR COMMERCE UNDER THE OF ENTITYREGULATED DEPARTMENT COURT COMMERCE AS TO THE SECONDWE TERMINE WHETHER THE DEMONSTRATE THAT UNFAIR ACTS DEMONSTRATES ACT OR TENDENCY TO CAPACITY TRADE COMMISSION 149 152 62 UNCONSTITUTIONALLY ITS HOLDING 1340 1942 PROTECTIONCLE 2001009 DE PRACTICE PRACTICES AN ACT OR IS DECEPTIVE OR UNFAIR IF IT HAS THE PRACTICE REVERSE SEE ALSO RESORT CAR RENTALS RENTAL SYS INC 518 F2D 962 964 9TH CIR 1975 DENIED SUB NOM MACKENZIE 423 US OR BY ONEILL WERE MUST ADDUCED AT TRIAL PROOF 827 96 SCT 512 SPIEGEL INC SCT INH FEDERAL CO 316 US 966 968 86 LED ACTUAL INJURYAS 41 46 LED2D F2D DECEIVE 176 23 1336 RESULTOF 42 1975 THIRET 180 10TH CIR 1975 494 F2D 59 7TH CIR INVESTIGATION INVESTIGATIONS ONEILL STATE IT INC ALASKA 535 P2D 520 ASK SUBSTANTIAL CONSUMER INJURYTO CONSUMERS OR OR OTHER BUSINESSMEN COMPETITOR COMPETITORS THAT THE ACTS ACT AND IS CO 405 SHOWING REQUIRED SPERRY CHIN 24445 92 SCT WERE OF US N5 898 905 N5 CAPABLE BEING INTERPRETED 233 PRACTICE PRACTICES OF CON IN 31 LED2D 170 179 N5 1972 MISLEADING WAYU TESTIMONY THE 1H PROVED ALL IS DECEPTION DECEIVE NEED NOT BE SUMER SUMERS THAT THEYWERE TO CAUSE CAUSES THAT IS MISLED IS SUFFICIENT AGENCIE BY DEBT COLLECTIONAGENCIES ACTION WHEN NO SUCH AC LEGAL AN ACT OR PRACTICETION IS ACTUALLY IS DECEPTIVE CONTEMPLATED DECEPTIVE NEED NOT BE DECEPTIVE TO BE UNFAIR TRAN WORLDACCOUNTS TRANS ACCOUNT ACT OR PRACTICE UNFAIRNES WILL BE DETERMINED BY VARIETY UNFAIRNESS 215 9TH CIR 1979 594 OF FACTORS HEARST CORP 82 FTC FACTOR INCLUDING 951 954 1966 EVIDENCE AT TRIAL THAT SUCH THERE WAS AMPLE WITHOUT NECES NECE WHETHER THE PRACTICE THREAT WERE MADE AND NEVER CARRIED CONSIDERED THREATS SARILY HAVINGBEEN PREVIOUSLY AS IT HAS OFFEND PUBLIC UNLAWFULOFFENDS POLICY THREAT TO DEBTORS THREATS DEBTOR THAT FAILURE TO BEEN ESTABLISHED BY STATUTES IN STATUTE THE COMMON WOULD RESULT IMMEDIATE ARREST OR JAIL PAY CRIMINAL COMPLAINT ARE LAW OR OTHERWISEWHETHER IN OTHER OR THE FILINGOF THREAT WERE WORD IT IS WITHIN AT LEASTTHE PENUMBRA UNFAIR ACTS WORDS ACT IF THE THREATS ACTUALLY THE RECORDIS RE OF SOME COMMONLAW DEBTOR STATUTORYOR OTHER BELIEVED BY THE DEBTORS ESTABLISHED CONCEPTOF UNFAIRNESS WITH TESTIMONY THAT ONEILL MADE SUCH UNFAIRNES PLETE WHETHER IT IS IMMORAL UNETHICAL THREAT TO ALLEGED THREATS DEBTOR AND THEIR SPOUSES DEBTORS OPPRE OPPRES SPOUSE WHETHER IT AND THAT SUCH THREAT THREATS WERE SIVE OR UNSCRUPULOUS UNSCRUPULOU TO SUSTAIN CERT 42 LED2D PRIMA FACIE CASE OF UNFAIR AND DENIED 419 US 140 1974 896 95 SCT CO 183 US APPDC 230 244 562 F2D 749 CO 1977 MONTGOMERYWARD F2D 666 672 7TH CIR 1967 53 RESORT CAR RENTAL RENTALS SYS INC F2D 962 964 9TH CIR 1975 54 BENEFICIAL CORP CERT 3RD CIR 1976 SCT 1679 52 LED2D 763 542 F2D 430 US DENIED 377 1977 DCCIR 379 518 IN FIVE WITNESSE WITNESSES TESTIFIED THAT THEY WERE OF ONEILL THAT FAIL FORMED BY REPRESENTATIVES REPRESENTATIVE URE TO PAY WITHIN HOUR SPECIFIEDNUMBER OF HOURS LAWSUIT TWO WOULD RESULT IN THE FILINGOF PAID ONE WITNESS WITNES TESTIFIED THAT ON ONE OCCASION SHE WAS CALLED BY MRS LEE OF THE LEGAL MENT AND WAS TOLD ON ANOTHER OCCASION THAT THE PAPERS ONEILL DESK AND THAT PAPER WERE ON MR ONEILLS ON ANOTHER OCCASION THAT MRS LEE HAD ALREADY GONE TO THE COURT HOUSE DESPITE THE FACT THAT SHE IGNOREDTHE CALLS CALL SHE WAS NOT SUED MRS WALTON AN ONEILL EMPLOYEE ADMITTED THAT THE EMPLOYEE EMPLOYEESWERE NOT INSTRUCTED TO ONLY TELLDEBTORS DEBTOR THEY WOULD BE SUED IF ONEILL ACTU PROTECTIONCLE SUE THEM SHE ALSO TESTIFIED 56 IN TESTIFIED THAT SHE WAS TOLD DONNA BUCKALEW FRONT OF HER CHILDREN THAT SHE WOULD BE AR RESTED THE FOLLOWING DAY AND THAT HER CHILDREN WOULD BE TAKEN FROM HER BY THE STATE MRS NINTH BUCKALEW ALSO TESTIFIED THAT SHE HAD GRADEEDUCATION AND BELIEVED THAT SHE WOULD BE ARRESTEDAND THAT THE CHECK CHECKS WHICH ONEILL IN VESTIGATIONWAS TRYINGTO COLLECTWERE ABOUT 10 VESTIGATIONS YEAR OLD SHE ALSO TESTIFIED THAT SHE HAD BEEN YEARS LIVING AT THE 618 983 97 11 OTHER WITNESSE WITNESSES TESTIFIED THAT THEY CONCLUDED NOTICE RECEIVED FROM THE DEFENDANT THAT FROM NOTICES THEY WOULD BE SUED IF THE DEFENDANT WAS NOT CONSUMER TO DEBTOR THAT IT WAS VERY POSSIBLECOLLECTORS COLLECTOR TOLD DEBTORS THAT THEY WOULD BE SUED ON DEBTS DEBT OF LESS LES THAN 100 SAME ADDRES FOR FIVE YEARS ADDRESS AND YEAR BEEN CONTACTED REGARDING THE CHECKS CHECK THI INCIDENT PRIORTO THIS HAD 48 55 THREAT THREATS ALLYINTENDED 175 FLOERSHEIM 411 F2D 874 878 9TH CIR 1969 CERT DENIED 396 US 1002 90 SCT 494 1970 551 24 LED2D DECEPTION ITSELF IS THE EVIL THE STATUTE IS DESIGNEDTO PREVENT WARNER LAMBERT 26 OF IMMINENT NEVER KERRY MAE HILL TESTIFIED SHE WAS TOLD SHE HAD HOUR HOURS TO BRING THE MONEY SHE OWED TO ONEILL OR HER HUSBAND WOULD BE PICKED UP AND ASKED PUT IN JAIL SHE ALSO TESTIFIED SHE WAS WHETHER SHE HAD BEEN IN ANY TROUBLE WITH THE PLACEFOR POLICEBEFORE AND WHETHER SHE HAD HER TWO YEAR OLD SON TO STAY WHEN SHE WENT TO CALL JAIL MRS HILL WHO WAS 17 AT THE TIME THE CALLS WERE TESTIFIED SHE BELIEVED SHE WOULD RE ONEILL WAS NOT PAID BE SENT TO JAIL IF ONEILLS JEFF HILL TESTIFIED HE WAS TOLDHE COULD SERVE SIX MONTH SENTENCE FOREACH CHECK HIS WIFE HAD WRITTEN SHERYLZERBA TESTIFIEDSHE BE PUT IN JAIL IF ONEILL WAS SHE BELIEVED THE THREAT TOMMY LONG TESTIFIED HE WAS NOT TOLD SHE WOULD PAID AND THAT WAS CALLED AT WORK AND TOLDTHAT IF HE DID NOT PAY ONEILL THE STATE OUT AND PICK IM TROOPER WOULD COME TROOPERS UP 24 536 609 ALASKA PACIFIC HARASSMENT OF DEBTORS DEBTOR BY TELE CALL TO THEM THEIR RELATIVES RELATIVE OR THEIR PHONECALLS CONSTITUTE AN UNFAIR ACT OR PRAC CONSTITUTES EMPLOYER EMPLOYERS TICE HEARST 82 1792 1797 PERIODICAL CLUBINC NEIGHBORHOOD SIX WITNESSES WITNESSE TES 93 101 1972 TIFIED THAT THEY WERE CONTACTED BY TELE DEBT OF 57H DEBTS REGARDING PHONE EES OF ONEILL TESTIFIED THAT LOYE OF 1973 81 FTC DEBTOR DEBTORS WERE 2D SERIES SERIE REPORTER CONTACTED FOR ASSISTANCE IN COLLECTING DEBT OR FOR INFORMATION ABOUT DEBTS TO JUDGMENT GARNISHING WAGE WAGES PRIOR THE USE BY LEGAL OC SIMULATED FORM LABELLEDFINAL FORMS COLLECTIONAGENCIES AGENCIEOF Q5 COLLECTION DEMAND BEFORE LEGAL LEGALACTION IS IN FACT TAKEN CONSTITUTES CONSTITUTE ACT TRAN TRANS DECEPTIVE 83 FTC AMERICA COLLECTIONS COLLECTION INC 525 532 PERIODICAL CLUB 1973 NEIGHBORHOOD 81 FTC 93 101 1972 LIQUIDATION CORP OF AMERICA 69 FTC 628 636 1966 THERE WAS TESTIMONY AT TRIAL THAT SUCH NO TICE WERE SENT TO DEBTORS TICES DEBTOR BY IQLL WITH OUT REGARD TO ONEILLS ONEILL INTENTION EITHER TO INTENTIONS ACTION FILE SUIT WHEN OR NO TO RECOMMEND THAT MERCHANTS MERCHANT MISREPRESENTATION BY DEBT COLLECTION FILE CRIMINAL COMPLAINTS COMPLAINT DEBT AGENCY THAT FAILURE TO PAY AN ALLEGED WILL RESULT IN IMPAIRMENT OF ONES ONE CREDIT IN SHORT THERE WAS SUBSTANTIAL EVI RATINGHAS BEEN HELD TO BE AN UNFAIR AND DENCE PRESENTED BY THE STATE TO DEMON ACT OR PRACTICERQS CASE THAT ONEILL EN DECEPTIVE CORPORA STRATE PRIMA DE ACT ACTS OR PRAC TION 82 FTC 1792 1797 1973 NEIGHBOR GAGEDIN UNFAIR OR DECEPTIVE HOOD PERIODICAL CLUB INC 81 FTC TICE TICES UNDER THESE CIRCUMSTANCES IT WAS 93 101 CIRCUMSTANCE DISMIS THE 1972 LEARNINGSYSTEMS SYSTEM INC 81 ERROR TO GRANTTHE MOTION TO DISMISS FTC 306 BOOK CLUB DECISION OF THE COURT MUST BE VA 296 1972 GUILD SUPERIOR THERE WAS CATEDAND THE CASE REMANDED FORCOMPLETION INC 65 FTC 785 790 1964 THAT LH MADE SUCH MISREPRE OF THE TRIAL KING ALASKA STATE HOUSING TESTIMONY SENTATION SENTATIONS 512 P2D 887 890 ALASKA1973 AUTHORITY ANNIE PATKOTAK TESTIFIED SHE WAS CALLED AND TOLD SHE WOULD GO TO JAIL AND THAT SHE BELIEVED SHE WOULD IQLL EMPLOYEE TESTIFIED THAT SUCH EMPLOYEES THREAT WERE IN FACTMADE THREATS 57 WALLACE VOUGHT TESTIFIED THAT HE RECEIVED FOUR CALLS CALL REGARDINGDEBTS DEBT OF TWO EMPLOYEES EMPLOYEE MADELINE POCOCK TESTIFIED THAT SHE RECEIVED AP CALL WEEK OVER PROXIMATELYTWO PHONE CALLS THREE MONTH PERIODOF TIME REGARDING THE DEBT OF HER BROTHER PASTOR TESTIFIED THAT HE WAS CALLED SEVERAL TIMES TIME REGARDINGTHE DEBT OF MEMBER OF HIS CONGREGATIONBARNEY SEILER AND DOUGLAS JONE TESTIFIED THAT THEY WERE DOUGLA JONES CALLED BY ONEILL REGARDING THE DEBT OF AN EM PLOYEE MARY NOLL TESTIFIED THAT SHE WAS CON TACTED BY ONEILL AND INFORMED THAT HER YEAR OLD DAUGHTERINLAW BAD PROBABLY COMMITTED FORGERY BY SIGNING CHECK IN COVERINGLAW ON ASSIGNMENTS ASSIGNMENT AND PAY NO BUT THI THIS OFFICE THI THIS CREATE CREATES THE FALSE IMPRESSIONTHAT THE DEBTOR CAN NO LONGERDEAL DIRECTLYWITH THE CREDITOR AND THAT THE NOTICE ONE HAS 60 SHE DID NOT PAY THE DEFENDANT 59 CONSUMER ONE FORM HAS WARNING PRINTEDALONG THE TOP OF THE CARD IN RED INK AND STATES STATE THIS THI IS OFFICIAL NOTIFICATION AND READ THE CITA YOUR PROTECTIONCLE SOURCE ANOTHER IS ENTITLED NOTICE FERRAL AND DECLARES DECLARE BEFORE LEGALRE WILL BE REFERREDTO OUR ATTORNEY WITH OUR AUTHORIZATION TO TAKE ANY ACTION HE DEEM APPROPRIATE DEEMS THI NOTICE WAS USED WITHOUT REGARD THIS TO WHETHER THE ACCOUNT WOULD ACTUALLY BE REFERRED TO AN ATTORNEY ONEILL ALSO SENT OUT FORMS FORM WHEN NO LEGAL ACTION WAS PENDING WHICH READ THI THIS OF PENDINGACTION TO IS TO NOTIFY TAKE PLACEON ALL ADDITIONAL COSTS COST WHICH MAY BE INCURRED IN SAID ACTION WILL BE ADDED TO BALANCE NOW DUE AND HER HUSBANDS HUSBAND CAROLE LINDBLADE TESTIFIED SHE WAS TOLD THAT IF SHE DID NOT PAY DISPUTEDDOCTOR BILL HER CHILDREN WOULD NOT RECEIVE MEDICAL SERVICES SERVICE IN THE STATE OF ALASKA NED HAHN TESTIFIED HE WAS TOLD HE WOULD NOT BE ABLE TO DO BUSINESS BUSINES IN UNLES THE DEFENDANT WAS ANCHORAGE UNLESS PAID BAS TESTIFIED THAT SHE WAS TOLD BETTYJEAN BASS PENNEY WOULD TAKE AWAY HER CREDIT CARD IF PENNEYS OFFICIAL THI ACCOUNT THIS NAME 58 AN THISIS TO NOTIFY THISI OF ACTION PENDING TO BE FILED WITH PROPER AUTHORITIES AUTHORITIE ON AS IS REQUIREDYOU HAVE BEEN NOTIFIED OF THIS THI RETURNED CHECK PRIORTO THE ACTION BEING FILED STATUTE BY THE MERCHANT ALASKA CRIMINAL STATUTES SEC 1120220 61 BECAUSE OF THE UNTIMELYDEATH OF JUDGE KAL AMARIDES THE TRIAL JUDGE SHOULD HAVE THE OP AMARIDE TION OF EITHER FAMILIARIZING HIMSELF WITH THE CASE OF THE BY LISTENINGTO THE TAPE RECORDING PROCEEDINGSOR GRANTING PROCEEDING 25 NEW IE STATE ONEILL IN THE ISSUEOF DISPOSITION FEE TO ONEILL IS FEES ATTORNEYS ATTORNEY VIEW OF THIS THI THE AWARD OF MOOT REVERSED AND REMANDED BOOCHEVER AND BURKE JJ INC INVESTIGATION INVESTIGATIONS NOT PAR TICIPATING SENIOR JUSTICE WITH WHOM CHIEF JUSTICE RABINOWITZ JOIN CONCUR JOINS DIMOND RING ALASKA GWYNA530 P2D ALASKA PUNITIVESANCTION MAY GIVE RISE TO THE NEED FOR PROCEDURAL SUCH AS THE RIGHT TO SAFEGUARD SAFEGUARDS JURYTRIAL EVEN THESANCTION BE THOUGH MAY DESIGNAT 1975 CONNOR IN HIS OPINIONIN THE AUTHORITIES AUTHORITIE EVER SUGGESTTHAT ON THI THIS CASE HOW RELIE WHICH HE RELIES SHOULD NOT BE STATUTE 1312 1311 THE POSSIBILITY OF ED CIVIL IN NATURE AGREE WITH THE COM MENTATOR WHO SAID THAT COMPLETE DEFERENCE TO THE IS LABEL LEGISLATIVE GROS ABDICATION OF THE GROSS ROLE JUDICIAL AVOID THE SUBSTANTIVE QUES AVOIDS QUE TION OF WHETHER IN THE RESULTREACHED BY JUSTICE CONCUR 537 ZD OTSA LA OTSAS HAS LEGISLATURE EX CEEDEDITS CONSTITUTIONALAUTHORITY WHEN CONSTITUTIONAL SAFEGUARDS ARE SAFEGUARD IN COURT VOLVEDIT IS THE FUNCTION OF THE COURTS CON TO DECIDE WHETHER AND UNDER ULTIMATELY LA AS THE LEGISLATURE LONG WHAT CIRCUMSTANCES CIRCUMSTANCE THESE PROTECTIONS PROTECTION AP BEL THE PENALTIES BELS PENALTIEFOR ITS VIOLATION CIVIL PLY AS THE PROVISION SO LABELEDIS NOT AND SO LONG CHARNEYTHE NEED FOR CONSTITUTIONAL PRO OF THE CLASS CLAS OF TRADITIONALLY CRIMINAL PRO TECTION FOR DEFENDANTS TECTIONS DEFENDANT IN CIVIL PENALTY WIL VISION VISIONS SEE UNITED STATES STATE CASE 59 CORNELL LREV CASES 478 494 1974 498 F2D 414 421 2D CIR 1974 QUOT THI THIS COURT HAS HELD THAT IT FURTHERMORE ED IN JUSTICE CONNORS CONNOR OPINION TO THE WILL NOT BE BOUND TRADITION IN DETERMIN BY EXTENT THAT JUSTICE SH CARRIE CARRIES OPINION WHETHER STATUTE IS CRIMINAL OR CIVIL ING THAT IMPLICATIONDISAGREE SIDERED PENALSO SOCIAL VALUES VALUE RATHER THAN DEFERENCE TO THE LEGISLATURES COMPLETE LEGISLATUREHISTORICAL SHOULD DETERMINE CATEGORIZATION CATEGORIZATIONS OF STATUTE OR SANCTION AS CIVIL IS LABELING WHETHER IS MINA PROSECUTION THI INCONSISTENT WITH PRIORDECISIONS DECISION BY THIS STATE BROWDER486 P2D 925 936 ALASKA COURT IN BAKER OF CITY FAIRBANKS FAIRBANK 471 AT 396 1971 CITING BAKER 471 P2D 390 WE NOTEDTHAT IT 386 NATURE AMOUNT THAN ITS MINE ALASKA 1970 OF THE OFFENSE AND THE OF PUNISHMENT RATHER PRESCRIBED IS THE IN PLACE THE STATUTES STATUTE DETER WHETHER IT IS TO BE CLASSED AMONG QUOTINGSCHICK SERIOU OR PETTYOFFENSES SERIOUS OFFENSE UNITED STATES STATE 195 US LED 65 68 24 SCT 101 1904 BY NATURE OF THE ACT 826 827 99 SAME TOKEN IT IS THE 49 AND THE AMOUNT PENALIZED OF THE THE THU THUS BELIEVE THAT NEITHER THE CRIMINAL TRADITIONALLY SON FOR THE CONCLUSIONTHAT THE STATUTE IN VOLVED IN THIS THI PUNITIVE IN BAKER WE EXCLUDED FROM THE CATEGORY PROSECUTION PROSECUTIONS LEGAL THAN CRIMINAL IN THAT CHOICE IS ALLOWED UNDER ALASKA RCIVP WHICH PROVIDES PROVIDE AFTER VERDICT ETC IF BY REASON OF DEATH SICKNES OR OTHER DISABILITY SICKNESS JUDGE BEFORE WHOM AN ACTION HAS BEEN TRIED IS UNABLE TO DUTIE TO BE PERFORMEDBY THE PERFORMTHE DUTIES COURT UNDER THESE RULES RULE AFTER VERDICT IS 63C RETURNED OR FINDINGS CONCLUSION FINDING OF FACT AND CONCLUSIONS OF LAW ARE FILED THEN ANY OTHER JUDGEOF THE COURT ASSIGNEDBY THE PRESIDINGJUDGEOF THE DISTRICT WHERE THE ACTION HAS BEEN LH TRIED OR BY THE CHIEF JUSTICEOF THE SUPREME BUT IF SUCH PERFORMTHOSE DUTIES DUTIE CAN PROTECTIONCLE MEASURE MEASURES BE CONSIDERED REGULATORY RATHER THEIR INCARCERATIONIS NOT ONE THRUSTSO LONGAS OF THE POSSIBLE MOD OTHER JUDGE IS SATISFIED THAT HE CANNOT PER FORM THOSE DUTIES DUTIE BECAUSE HE DID NOT PRESIDE AT THE TRIAL OR FORANY OTHER REASON HE MAY IN HIS DISCRETION GRANT NEW TRIAL IN PARTICULAR REFER TO UNITED STATES STATE WILLIAMS 498 F2D 414 421 2D IR WILLIAM SEE 1974 ALSO FRANK IREY INC OCCUPATIONAL SAFETYAND HEALTH REVIEW COMMISSION 529 F2D 1204 3D CIR 1975 ATLA ROOFINGCO ATLAS AND PATIONAL SAFETY SION 518 F2D 990 COURT MAY CONSUMER ANALYSI IS ANALYSIS AVAILABLE THE SANCTION INVOLVED IN THIS THI OR REASONED MORE WHICH IS CIVIL REA IS REMEDIAL RATHER THAN CASE WHICH SHOULDDETERMINE WHETHER PRESCRIBED CASE IS SUFFICIENT NOT PENALTY OF CRIMINAL THI COURT INDICATED IN GWYNN PENAL AS THIS LEGISLATIVE LABEL NOR THE FACT THAT THE UNLAWFUL ACT IS 26 HEALTH REVIEW 1011 5TH CIR 1975 OCCU ALASKA 538 609 PACIFIC 2D SERIES SERIE REPORTER OF SUCH PERSONS THE MUNITY JUDGMENT MUNITYS PERSON IS THAT DECEPTIVETHE EXTENT AND NATURE OF THAT JUDGMENT TRADE PRACTICES RATHER THAN THE SEVERITY OF COLLATERAL PRACTICEIS REGULATORY HELP ONE PREDICT HELPS CRIMINAL IN ITS THRUST CONSEQUENCE WHICH MAY BE SUFFERED BY THE CONSEQUENCES DEFENDANT BAKER 471 AT 395 IN IN ALASKA PUBLIC DEFENDER AGENCY SU COLLATERAL DISCUSSING POTENTIAL CONSEQUENCE CONSEQUENCES COURT 584 P2D 1106 ALASKA1978 PERIOR OF AT 402 S2H OF UNFAIR STATUTORY PROHIBITION USED WE WHETHER CUTION WHETHER OR TEST TO DETERMINE THREEPART WAS CRIMINAL PROSE PROCEEDING THE INQUIRYFOR ONE PART WAS VIOLATION EQA STATUTORY CRIMINAL CONDUCT IN THE TRADITIONALSENSE THE TERM AT 1110 OF QUOTINGBAKER 471 THI THIS PART OF THE TEST IS NOT FAVORABLE TO ONEILLS ONEILL ARGUMENTTHAT THE AT STATUTE 402 INVOLVED HERE IS PENALIN NATURE OF CONVICTION UNDER THE ORDINANCE IN BAK NOTED THAT ONE CONVICTED UNDER THIS THI WE ER ORDINANCE MIGHTSUFFERSEVERE FUTURE OBTAINING NES NESS HAS COMMITTED UNFAIR 4H OFFENSE IN OFFENSES THE SENSE SHOWN TRADITIONAL THAT SOCIALCONDEMNA TION OF SUCH BEHAVIOR HAS BEEN LISHED AS PARTOF THE COMMON ING CRIMINAL CONDUCT 584 THE OTHER TWO FORTH IN ALASKA RELATE P2D AT 1110 TEST AS PUBLIC DEFENDER SET AGENCY TO WHETHER THE UNLAWFUL ACT SO OFFEND CONTEMPORARY OFFENDS SOCIALVALUES VALUE AS TO BE IS MONETARYPENALTY CATE CATES IN THE PRACTICE PRACTICES NOT ONEILL ONEILLS CASE OR DECEPTIVE CONDUCTOF TRADE OR OF THIS THI NATURE THE UNLAWFUL ACTS ACT IN ALLEGED HARMED DEBTORS DEBTOR BUT NOT ONEILLS ONEILL CUSTOMERS CUSTOMER ESTAB LONG FORWHOM DEBTS DEBT WERE COLLECTEDTHEREFORE LAW PROSCRIB WITH FINDINGOF UNFAIR PRACTICES PRACTICE BYLQLH PART OF THE PARTS CONSIDEREDCRIMINAL AND HAVING OF SOCIAL THE COLLATERAL CONSEQUENCE OF CONSEQUENCES FINDING DEBT COLLECTION AGENCY OR OTHER BUSI DEFENDER NOT IN CERTAIN AMOUNT THAT ACT OR ACTS AGENCY ONEILL HAS ARE PRACTICE PRACTICES OR EMPLOYMENT HEAPED UPON HIM OPPROBRIUM IN ALASKA PUBLIC BECAUSELIKE THE PETITIONER THAT UNFAIR TRADE DISABILITIE IN DISABILITIES TO WHETHER THE HEAVYTHAT IT INDI OF CRIMINALI COMMUNITY JUDGMENT TO DEBTORS DEBTOR IS UNLIKELY TO HAVE RESPECT SEVERE COLLATERALCONSEQUENCES ONEILL CONSEQUENCE FOR ONEILLS BUSI NES NESS FOR THESE REASONS REASON 471561 IS NOT AGREE THAT AS 4550 STATUTE PENAL SO MATTHEW MATTHEWS FOR THE 3H JUSTICE DISSENTING EXPRESSED BY JUSTICE DI CONCURRING OPINION AGREE THAT REASON REASONS MOND IN HIS SOCIAL VALUES VALUE MAY BE SE CONTEMPORARY THE PENALTIES PENALTIE TO BE EXACTED UNDER AS 4550 VERELYOFFENDED BY UNFAIR OR DECEPTIVE AS CIVIL RATHERTHAN 551B MAY BE REGARDED TRADE PRACTICES THOSEALLEGED IN PRACTICEPARTICULARLY CRIMINAL BELIEVE THAT ONEILL HOWEVER THI CASE THIS THE ARGUMENTTHAT FURTHERMORE HAS THE RIGHT TO CIVIL JURYTRIAL BECAUSE OF OF 5000 INDICATE PER VIOLATION INDICATES PENALTY THE CLAIM FOR MONETARYPENALTIES PENALTIE DESERVE CONSIDERATION HOW DESERVES CRIMINALITY THE WHETHER THEREIS RIGHT TO THAT THE COURT HAS USED EVER THE REASON QUESTION CIVIL TRIAL IN THI THIS CASE IS BUT SOCIALVALUES VALUE AND HEAVINES HEAVINESS OF RAISED BY JURY CONTEMPORARY NOT BRIEFED VERY WELL IN ONEILLS ONEILL THE AUTHORIZED PENALTY AS MEASURES MEASURE OF CRIM OPENING BRIEF THE STATES STATE BRIEF ON THIS THI INALITYIS THAT THEYARE GAUGE OF THE POINTIS OF ONEILL BRIEF COMMUNITYETHICALAND SOCIAL JUDGMENT COMMUNITYS ADEQUATE HOWEVERAND ONEILLS REPLY ACT IN PERSONS WHO COMMIT THE UNLAWFUL PERSON THE CORN TURN THE REASON FOR DETERMINING AT THE TIME OF ONEILLS ONEILL TRIAL INCARCERATION AN AUTHORIZED FORM OF PUNISHMENT UNDER AS 4550551C AS 4550471D HOWEVER PROVIDEDTHAT THE CRUNINAL PROVISIONS PROVISION WERE AP THE DEFENDANT ACTED LY PLICABLELY AND WITH INTENT WHICH THE STATE DID NOT ALLEGE IN THIS THI CASE AND AS NOTED BY JUSTICE CONNOR REPEAL OF HE PROVISION BECAME EFFECTIVE PROVISIONS ACT OF JULY 17 1978 CH 166 JANUARY 1980 WAS 21 CONSUMER ADDRESSE IT WITH REFERENCE ADDRESSES TO TIE TIES ON BALANCE BRIEFING HEAVY ENOUGH FINE MIGHT ALSO INDICATE CRIMINALITYBECAUSE IT CAN BE TAKEN AS GAUGE OF THE ETHICAL AND SOCIAL JUDGMENTS JUDGMENT OF THE COM MUNITY BAKER 471 P2D AT 402 29 QUOTED ALASKA LIC 1110 IN DEFENDER AGENCY AS 4550471A 1978 PROTECTIONCLE AUTHORI SOME BELIEVE THAT THE 27 584 P2D AT LOCK AT IS SUFFICIENT SO THAT THE STATE SHOULDNOT POINT BE CONSIDEREDWAIVED IN PART PROVIDES PROVIDE IN CIVIL CASE CASES 539 IS OF BEINGABUSEDESPECIALLY WHERE CAPABLE IS BROAD AND THE PLAINTIFF HAS LANGUAGE THE RESOURCES RESOURCE OF THE GOVERNMENT THE RIGHT TO TRIAL BY JURYIS SAFEGUARD AGAINST ITS SECTION16 OF THE CONSTITUTIONOF ARTICLE ALASKA ALASKA P2D AS WHERE THE AMOUNT IN CONTRO THE DO NOT THINK IT OF ABUSE POSSIBILITY FIFTYDOLLARS DOLLAR SHOULD BE ABANDONED HERE IS OF TWELVE JURY ACCORDINGLYWOULD REVERSE EXCEED TWO HUNDRED VERSY EXCEEDS THE RIGHTOF TRIAL BY TO THE SAME PRESERVED EXTENT AS IT EXISTED LAW AT COMMON ELECTRONIC PROTECTIONINC SCHAEFER549 P2D 1341 ALASKA 1976 IN RELIEF LOOMI LOOMIS WE AND REMAND AND PUT THE STATE TO AN ELECTION IF THE STATE PERSISTS PERSISTIN ITS REQUESTFOR MONETARY TRIAL BEFORE NEW CIVIL JURY IS CHOOSESTO PURSUE ONLYIN NECESSARY IF IT CHOOSE RELIEFTHE TRIAL WHICH WAS TERMI JUNCTIVE THI PROVISION THIS AS INTERPRETED AFFORDING STATE CASE MAY BE RIGHTTO TRIAL BY CIVIL JURYTO ONE ACCUSED OF NATED AT THE CLOSEOF THE STATES CONTINUED BEFORE JUDGE WITHOUT DISCRIMINATORY HIRINGPRACTICETHE STAT SITTING LOOMI REQUIRED THE COURT TO UTE INVOLVED IN LOOMIS UNLES THE JUDGEDECIDES DECIDE TO ORDER JURY UNLESS ACT AND NEW TRIAL UNDER ALASKA RULE OF CIVIL PROCE ENJOINANY ILLEGAL DISCRIMINATORY ALLOWED SUCH OTHER RELIEF INCLUDING THE DURE 63C APPROPRIATE THAT IS PAYMENT OF MONEY LOOMI THE COURT IN LOOMIS AS CON STRUEDTHE STATUTORY TO ENCOMPASS LANGUAGE ENCOMPAS BOTH COMPENSATORY AND PUNITIVEDAMAGES DAMAGE AND NOTED THAT THESE REMEDIES REMEDIE WERE OF THE SORT TRADITIONALLY TRIED BEFORE MON LAW JURYAT COM THE COURT STATED IS COM PARTOF THE RELIEF SOUGHT AND PUNITIVE PENSATORY DAMAGE WE BE DAMAGES LIEVE THAT ART SEC 16 OF THE CONSTITU TION OF ALASKA GUARANTEES GUARANTEETHE PARTIES PARTIETHE JURYTRIAL TO RIGHT AT ID 1344 STATE OMITTED 94 SCT 196 LED2D OF ALASKA COURT ALSO NOTED THE NO THE OBSERVATIONTHAT THE RIGHT TO APPROVAL JURYTRIAL CANNOT BE ABRIDGED BY CHARAC THE LEGAL CLAIM AS INCIDENTAL TO TERIZING THE EQUITABLE RELIEFSOUGHT ID AT 1344 15 QUOTING CURTI CURTIS 189 LOETHER415 US AT LOCK APPELLANT DAVID 1005 AT 1009 260 AT 267 11 39 1974 DO NOT THINK THAT THE RESULTIN LOOMIS LOOMI 4195 COURT SUPREME APRIL OF ALASKA 1980 DEFENDANT TO ESCAPE AND TO PLEDGUILTY DWELLINGTHE SUPERIOR COURTTHIRD JUDICIAL DISTRICT RALPHMOODY REVOKED DEFENDANTS DEFENDANT PROBATION AND SEN NOT BURGLARY WOULD HAVE BEEN ANY DIFFERENT ONLY PUNI TIVE DAMAGES DAMAGEHAD BEEN SOUGHTLIKEWISE APPELLEE IN TENCED DEFENDANT TO MAXIMUM TERM TERMS OF DISTINCTION BETWEEN MEANINGFUL AND CIVIL PENALTY PUNITIVEDAMAGES DAMAGE FIVE YEAR OFFENSE AND THREE YEARS FOR BURGLARY SENTENCE TO RUN CON YEAR FOR ESCAPE WITH SENTENCES YEARS THEREFORE AND DEFENDANT APPEALED THE SECUTIVELY SUPREMECOURTCONNOR HELD THAT TIME SPENT BY DEFENDANT IN TWO FACILITIES FACILITIE CAN SEE ONEILL NO THINK LOOMI LOOMIS IS ENTITLED TO CONTROL AND CONTROLS CIVIL JURY TRIAL IN REACHING THI CONCLUSION THIS DO LENGETHE MAJORITY STATEMENT MAJORITYS NOT CHAL THAT THE ALASKAUNFAIR TRADE PRACTICES PRACTICE AND CONSUM ER PROTECTION ACT AGAINSTUNETHICAL DUCT OPINION STAND STANDS AS SENTINEL UNDER REHABILITATION PROGRAM PROGRAMS OF PROBATION WAS TIME SPENT WITHIN MEANINGOF CONDITION CUSTODY THAT PROVIDING CON TOWARD SERVICE UNSCRUPULOUS UNSCRUPULOU PERSON IS TO RECEIVE CREDIT TOWARDS OR THE SALUTARYOF HIS SENTENCE FOR TIME SPENT IN CUSTODY TRIALOR SENTENCING IMPOSITION PURPOSE OF THE ACT HOWEVER PURPOSES ANY STATUTE PENDING CONSUMER FLI AND STATUTE AS 523 PROTECTIONCLE 2001009 28 KITTLESON NICHOLA NICHOLAS 9058 STREET DEWBERRY ALASKA 99502 ANCHORAGE 907 3450830 FORPLAINTIFFS PLAINTIFF ATTORNEY IN THE SUPERIOR THIRD JOSEPH AND MARY FOR COURT JUDICIAL DISTRICT THE STATE AT OF ALASKA ANCHORAGE PLAINTIFF PLAINTIFF PLAINTIFFS VS INNOCENT CAR SALE SALES INC CASE NO 3AN2000 CI DEFENDANT THE THE ABOVE DEFENDANT AS PLAINTIFFFORTHEIR COMPLAINT PLAINTIFFS AGAINST ALLEGE FOLLOW FOLLOWS THE PLAINTIFFS PLAINTIFF ARE RESIDENTS RESIDENT OF THE THIRD JUDICIAL DISTRICTOF ALASKAAND HAVE BEEN ALLRELEVANTTIMES TIME DURING THE DEFENDANT INNOCENT AUTO SALE INC IN SALES OF BUSINESS BUSINES AT 1200 ITS PRINCIPAL PLACE DEFENDANTIS IS BUCK BIG BUCKS IN TRADEAND COMMERCE ENGAGED BUSINES AND IS REGULATED BUSINESS BYTHE ALASKA AN DRIVE IN ALASKAN WITH CORPORATION ALASKA ANCHORAGE ITS NEW THROUGH AND USED OFCOMMERCE DEPARTMENT CAR THE SALE SALES AND ECONOMIC DEVELOPMENT ON OR ABOUT APRIL TWO PURCHASE NEW 1998 THE PLAINTIFFS PLAINTIFF VISITED THE DEFENDANTS DEFENDANT VEHICLE VEHICLES PROTECTIONCLE LOTLOOKING TO THEYWERE APPROACHED BYSALESMAN SMITH WHO PLAINTIFF INNOCENT CAR SALE SALESINC CONSUMER CAR 000H CI COMPLAINT 29 ASSISTED THEM IN TWO VEHICLES VEHICLE 1998 CHOOSING OLDSMOBILEBRAVADAAND THE TOTAL VEHICLE WAS PRICEFORTHETWO VEHICLES PURCHASE THE 56000 USED VEHICLE THE PLAINTIFFS PLAINTIFFWERE JIMMY WAS WANTED FULLWARRANTIES WARRANTIE BECAUSE THEY IN THE MARKET FORNEW HOWEVERBASED THE JIMMY WAS SMITH SMITH PLAINTIFF THAT1996 PLAINTIFFS NOT AND STATEDTHATTO THE BEST THE FINAL PURCHASE FOR PRICE DEAL BECAUSE IT CAME GREAT THATTHE JIMMY WAS REPRESENTED STARCRAFIPACKAGE ADDED SMITH DID THE PLAINTIFFS PLAINTIFF 26204 THATTHE JIMMY WAS EXPLAINED PACKAGE THATREAD 13121 THI MILEAGE THIS IS ACCURATE KNOWLEDGE OF THE DEFENDANTS DEFENDANT VEHICLE VEHICLES THATSMITH REPRESENTATION REPRESENTATIONS ON PLAINTIFF THEY DECIDEDTO PURCHASE THE USED JIMMY GAVE TO THE PLAINTIFFS RECEIVED AN ODOMETERDISCLOSURESTATEMENT 1996 GMC JIMMY 10000 TO WORTH 33000 THE VALUE OF THE VEHICLE BECAUSE THE SMITH ALSOTOLDTHE THE LASTYEAR STARCRAFICONVERSION CONVERSIONSWERE WAS WITH AVAILABLE TELLTHE PLAINTIFFS PLAINTIFF THATSTARCRAFL CONTINUESTO OFFERCONVERSIONS CONTINUE CONVERSIONBUT THE DEFENDANTBEGAN TO SELLTHECONVERSION IN 1996 BECAUSETHECONVERSIONS CONVERSION REFUSING ELECTRICAL SYSTEMOVERLOADAND FAILUREON CAUSE BASI AND THATTHE DEFENDANT BASIS REGULAR HAS HAD TROUBLEWITH STARCRAFT ITS WARRANTIES WARRANTIE HONORING ALICE ALLKNOW SMITH PLAINTIFF THATTHE JIMMY HAD BEEN MANAGER TOLDTHE PLAINTIFFS OWNED BY ONE PREVIOUSLY IT BUT NEEDED OF THE OTHERMANAGERS MANAGER WHO SOMETHING BIGGERNEITHER MS DID REALLY ALLKNOW NOT WANT TO PARTWITH SMITH TOLDTHE PLAINTIFFS PLAINTIFF NOR THATTHE JIMMY HAD BEEN IN THE SERVICE SHOP NUMBER OF TIMES TIME FORREPAIRS REPAIR THE PLAINTIFFS PLAINTIFF TOLDSMITH THATTHEY WOULD LIKE TO HAVE INSTALLEDON THE VEHICLE AN ALARM AND REMOTE STARTER SMITH TOLDTHE PLAINTIFFS PLAINTIFF THATTHESE ITEMS ITEM COULDBE INSTALLEDBY THE DEFENDANTS DEFENDANT SERVICE DEPARTMENT AT COST OF 300 THE DEFENDANTS DEFENDANT SALESMAN ATTEMPTED TO SELLTHE PLAINTIFFS PLAINTIFF SERVICE CONTRACT JIMMY FOR1500 WAS THATIT WOULD TO PAY AGREED 10 BASED 11 ON THE PLAINTIFFS PLAINTIFF SAID COME WITH NO BECAUSE THE REASON INCLUDED SMITH WARRANTY ON THE WINTER OF 1998 DURING WANTED THEY TO PAY 788 AGREED IN THE JIMMY ON BATTERY SEVERAL OCCASIONS OCCASION CONSUMER PROTECTIONCLE NEW THE VEHICLES VEHICLE PURCHASED THE PLAINTIFFS PLAINTIFF EXPERIENCED DEAD PLAINTIFF INNOCENT CAR SALES SALE INC THE 0Q00 CAR BEHALF OF THE DEFENDANT HALFTHE COST OF THE SERVICE CONTRACT LAINT THESE REPRESENTATIONS THE PLAINTIFFS PLAINTIFF REPRESENTATION ON COMPLAINT 30 12 ON OR PLAINTIFF BROUGHT ABOUTAUGUST 1999 THEPLAINTIFFS THEJIMMY BACKTO THEDEFENDANTS DEFENDANT THATTHE SEAT WARMERS THE PLAINTIFFS PLAINTIFF EXPLAINED WARMER THE SEAT MASSAGERS MASSAGER AND THE CD DID NOT WORK PROPERLY THE DEFENDANTCOUNTEREDTHATIT WAS NOT PLAYER FOR RESPONSIBLE THECD PLAYER BECAUSETHECOMPONENTS MARKET THE COMPONENT WERE INSTALLEDAFLER REPAIRING DID SERVICETHEVEHICLE FORTHECD DEFENDANT REPAIRMAN DEFENDANTS EXCEPT THATTHE PROBLEMS HAD BEEN FIXED PROBLEM 13 OCTOBEROF 1999 DURING THE WERE PROBLEMS PROBLEM PLAYERANDCLAIMED FIXED NOT THE PLAINTIFFS PLAINTIFF BROUGHT THE VEHICLE INTO SUPER TRICK OUT THE OF THE DEFENDANT THATINSTALLS INSTALL ALARMS ALARM STEREO PARTS DEPARTMENT PART ETC AND REMOTE STARTER INSTALLED WHEN THE PLAINTIFFS PLAINTIFF RETURNEDTO TO HAVE ALARM AN PICKUP THE VEHICLE TOM THATTHEY COULD NOT INSTALL TECHY THE MANAGER EXPLAINED REMOTE BECAUSE THE ELECTRICAL SYSTEMWAS THE TECHYEXPLAINED OVERLOADED ALREADY MR STARTER OR ALARM WITH STARCRAFT CONVERSION AND STATEDTHATHE RECOGNIZED CONVERSIONS THE JIMMY BECAUSE PROBLEMS PROBLEM IT HAD BEEN IN THE SHOP SEVERALTIMES TIME BEFOREWITH ELECTRICAL PROBLEMMR PROBLEMS STATEDTHATTHE VEHICLE USED TO HAVE AN ALARM BUT IT HAD TO BE TAKEN OUT TECHY MR TECHY ALSOTOLDTHE PLAINTIFFS PLAINTIFF THATHE HAS SERVICEDALARMS ALARM ON OTHERVEHICLES VEHICLE WITH ARC CONVERSIONSBECAUSE THE ALARM WOULD CONVERSION DRIVER WERE DRIVERS COME SPORADICALLY ON ANYTIMEEVEN WHILE THE THE VEHICLES VEHICLE MR TECHYINDICATED THATTHE JIMMY WAS DRIVING LEMON PLAINTIFF SHOULDCHECK THE LEMON LAWS LAW AND THE PLAINTIFFS 14 ON OR ABOUT NOVEMBER PLAINTIFF TOOK THE JIMMY BACK 11 1999 THE PLAINTIFFS TO THE DEFENDANT SERVICE DEPARTMENT DEFENDANTS WITH MIKE MECHANIC IN THE SERVICE THEYSPOKE PLAINTIFF EXPLAINED TO MR DEPARTMENT JOSEPH BEEN HAD NOT HAVINGAND HOW THEY MECHANIC ABOUT THE PROBLEMS HAD PROBLEM THEY BEEN CORRECTED IN WHEN THE PLAINTIFFS PLAINTIFF HAD AUGUST THE VEHICLE IN FORREPAIRS PLAINTIFF ASKED MR BROUGHT REPAIRJOSEPH MECHANIC ABOUT WHAT MR MR THE STARCRAFT CONVERSION TECHYHAD EXPLAINED REGARDING WITH THE PROBLEMS PROBLEM MECHANIC EXPLAINED AND SAID THATIS WHYTHE DEFENDANT NO LONGER SELL THE SELLS STARCRAFT STARCRAFT CONVERSIONPACKAGE 15 PLAINTIFF SHOWED MR JOSEPH EXACT CD THATWAS PLAYER MECHANIC THE STARCRAFT OWNERS MANUAL INCLUDES OWNER INCLUDE THE INSTALLEDIN THE PLAINTIFFS PLAINTIFF JIMMY MR MECHANIC ARE RESPONSIBLE FORREPAIRING THE CD PLAYER AS WELL THEY PLAINTIFF INNOCENT CAR SALES SALE INC CONSUMER 2Q COMPLAINT 31 THAT AGREED 16 THE PLAINTIFFS PLAINTIFFALSOTOLDMR MECHANICTHATTHEREWAS OIL IN THE RADIATORMR MECHANIC TOLDTHE PLAINTIFFS PLAINTIFF THATIT RUST AND WAS HAD PUTWATER IN THERADIATORTHE SOMEBODY PLAINTIFFTOLDMIKE MECHANIC THAT SMITH HAD INFORMED THEM THATTHE RADIATOR PLAINTIFFS WOULD NOT NEED DONETO IT FORANOTHER100000 MILES MILE ANYTHING 17 MR MECHANIC HAVE LOOK AT SPECIALIST VEHICLE FORTWO 18 ON THATTHEREPAIRS AND THEY WOULD NEEDTO EXPLAINED REPAIRWOULD BE DIFFICULT THE PLAINTIFFS PLAINTIFF WITH WEEKSBUT DID PROVIDE WEEK ABOUT NOVEMBER OR THE ELECTRICSYSTEMS DEFENDANT SYSTEM THE DEFENDANTS PICKUP THE JIMMY MR THE DEFENDANTS DEFENDANT HAD THE BATTERY BUT DID REPLACED NOT FIX ANYTHING BLOWN SPEAKER BUT THIS THI WAS REPLACED NOT MECHANIC STATEDTHATTHEY HAD RECEIVED THE WRONG PARTS PARTFORTHE JIMMY AND THATTHE CORRECT PART PARTSWERE 19 LOANERVEHICLE PLAINTIFF RETURNEDTO THE DEFENDANTS DEFENDANT SHOP 23 1999 THE PLAINTIFFS TO THE SERVICE STATEMENT STATEDTHATTHEY HAD TRUE THE REPAIR SHOP KEPT TWO APPROXIMATELY ON WEEK WEEKS ORDER THE PICKUP FOLLOWING HEARDFROM THE DEFENDANT OFTHEIR VEHICLE THE PLAINTIFFS PLAINTIFF HAD NOT PLAINTIFF CALLEDTHE SERVICE DEPARTMENT TO FIND OUT JOSEPH WHETHER THEY HAD RECEIVED THE PARTS PART MR MECHANIC STATEDTHATSOME AND JOSEPH PLAINTIFFCOULD BRING THE CAR IN ARRIVED OFTHE PARTS PART HAD TO HAVE THEM INSTALLED WHEN TRANSFERRED TO THE SECRETARY SHE EXPLAINED IT WOULD BE SEVERALWEEKS WEEK BEFORETHEY COULD PLAINTIFF INTO THE SCHEDULE SQUEEZE JOSEPH 20 NOVEMBER DURING 1999 THE PLAINTIFFS PLAINTIFF BEGAN THE NEED TO SELLTHE JIMMY DISCUSSING THEYALSOKNEW THEYWOULD NOT BE ABLE TO SELLIT IN ITS PRESENT CONDITION DECIDED TO WOULD TO TAKE THE JIMMY BACK GIVETHEM THE DEFENDANT TO SEE THEY HOW MUCH THE DEFENDANT FORTHE VEHICLE 21 SOMETIME IN NOVEMBER OF 1999 THE PLAINTIFFS PLAINTIFF APPROACHED SMITH ABOUT BUYING BACK THE JIMMY SMITH TOLDTHE PLAINTIFFS PLAINTIFF THATTHE DEFENDANT WOULD REPURCHASE THE JIMMY FOR14000 PLAINTIFF ASKED SMITH WHYTHE JIMMY HAD FALLENSO JOSEPH FROM33000 HAD NO PACKAGE TO 14000 IN LESS LES THAN TWO YEARS YEAR SMITH ACTUALVALUE THE ONLYWAY THE BLUE BOOKWHICH DOES DOE NOT CONTAIN CONSUMER VALUE THE VEHICLE WAS INNOCENT CAR PROTECTIONCLE TO LOOK IT UP IN THATTHE PACKAGE WAS WORTH REPRESENTED WHEN THEY THEJIMMYIN 1998 BOUGHT PLAINTIFF THATTHE STARCRAFI EXPLAINED VALUE INCREASEFORTHE STARCRAFT PACKAGE 22 THE PLAINTIFFS PLAINTIFF CHALLENGED SMITH THATHE HAD 10000 TO MUCH IN VALUE SALE INC SALES 0Q0Q SMITH REPLIED NOBODYKNEW ABOUT COMPLAINT 32 THE STARCRAFT WHEN YOU PROBLEM PROBLEMS THE PLAINTIFFS PLAINTIFF EXPLAINED THAT THE JIMMY BOUGHT FELTTHEY WERE SMITH SAID HE WOULD TALK TO THEY BEINGTREATEDVERY UNFAIRLY SOMEBODY TO SEE IF HE COULDGET THEM MORE MONEY FORTHE JIMMY ELSELATER 23 ON OR ABOUTDECEMBER THE MATTER FORABOUTTWO WEEKS WEEK 1999 AFTER DISCUSSING SMITH TOLDTHE PLAINTIFFS PLAINTIFF THATHE COULD GETTHEM FORTHE JIMMY AND THATWAS DEAL FORTHE PLAINTIFFS PLAINTIFF GOOD REALLY 24 ON THE SAME DAY SMITH OFFEREDTHE PLAINTIFFS PLAINTIFF WORTHALMOST 12000 HYUNDAIWAS DEALHE WOULD BE ABLE TO SELLIT WORTHNEARLY 12000 WAS TO BUT SINCE HE HAD PICKED IT UP FOR THE PLAINTIFFS PLAINTIFF FOR9000 TO 25 ON THE SAME SMITH STATEDTHATSINCE IT PLAINTIFF ASKED SMITH JOSEPH WHOLESALESMITH REPLIED YES DEALERFOR9000 GO AND SELLIT ARE REALLY GOOD THE PLAINTIFFS PLAINTIFF WOULD BE ABLE TO TURN AROUND AND SELLIT RETAIL THEMSELVE ON THE STREET FORTHATMUCH THEMSELVES SELLIT TO HYUNDAI SMITH CLAIMED THATTHE BUT YOU IF ARE COULD THEY NOT GOING YOU DAYBASED ON THESEREPRESENTATIONS THE PLAINTIFFS PLAINTIFF DECIDED REPRESENTATION TO ACCEPTTHE DEFENDANT AGENTS DEFENDANTS STATEDTHATTHE PLAINTIFFS PLAINTIFF WERE AGENTOFFER ALL OF THE PAPERWORK HYUNDAIEXCEL GL PURCHASING CAR 26 ON THE PLAINTIFFS PLAINTIFF ACTUALRECEIVED HYUNDAIACCENT WORTHMUCH LESS LES THAN 12000 OR ABOUT DECEMBER COMPANY AND 1999 PLAINTIFF SMITH CONTACTEDTHE SERVICE CONTRACT REFUNDOF POTION OF THE 1500 REQUESTED THE SERVICE CONTRACT COMPANY STATEDTHATTHE CONTRACT PAIDFORTHE SERVICE CONTRACT WAS ONLYWORTH788 THE AMOUNT OF APPROXIMATELY 300 BACK TO THE COMPANY FORWARDEDTHE PRORATED PLAINTIFF PLAINTIFFS 27 ON OR ABOUT DECEMBER 779700 1999 THE PLAINTIFFS PLAINTIFF RECEIVED CHECK FROM THE DEFENDANT FOR THE DIFFERENCEBETWEEN THE HYUNDAI AND THE JIMMY JOSEPH REPRESENTING PLAINTIFF EXPLAINED THATTHE HYUNDAI DID NOT HANDLE VERY WELL AND THATHE WOULD LIKE TO PLAINTIFF THEY SHOULDNOT GETRID OF THE HYUNDAI BECAUSE GETRID OF IT SMITH TOLDTHE PLAINTIFFS WOULD NOT FIND THEY WHEN BETTERDEAL SMITH TOLDTHE PLAINTIFFS PLAINTIFF TO WAIT UNTIL THE SUMMER WOULD REALLY HOW THEY APPRECIATE THE HYUNDAI HANDLE HANDLES PLAINTIFF INNOCENT CAR SALE SALESINC CONSUMER PROTECTIONCLE 0Q0Q COMPLAINT 33 28 SEVERALDAYS DAY LATERIN DECEMBEROF 1999 TO SEE 3400 FORTHE HYUNDAI PLAINTIFFCALLEDSMITH ANDTOLDHIM JOSEPH CAR CARS SMITH SAID THE HYUNDAI WAS ABOUTTHECONVERSATION WITH EXCELLENT WORTH FARMORE TO BUYTHE CAR LOOKING USED CAR DEALERWAS THAN 40 VERY LOW SO HE WOULD MAKE THE SAME DURING THATHE WOULD TAKE CARE REPLIED PLAINTIFF MADE JOSEPH 1999 RETURN THE HYUNDAI SMITH SEVERALCALLS CALL TO SMITH THE REMAINDER OF DECEMBER THROUGH EACH TIME SMITH PUT OFFJOSEPH PLAINTIFF AND TOLDHIM FORONE ABOUT JANUARY 2000 OR THE CAR BRINGING BACK TO CALLBACK TO SPEAK HAD WAS SMITH SMITHS WORKINGSMITH PULL UP PLAINTIFF DAY OFF JOSEPH PLAINTIFF JOSEPH THE NEXT DAYWHEN SMITH THEYCOULDTALKABOUT IT ABOUT JANUARY 2000 THE PLAINTIFFS PLAINTIFF CAME SMITH DID LETSMITH KNOW HARD TO BELIEVE THATSMITH WOULD DO LIKE THATBUT THATTHE PLAINTIFFS PLAINTIFF SHOULD COME SOMETHING FOUNDSMITH THE THE VALUE OFTHE HYUNDAI TO THE MISREPRESENTED PLAINTIFF THE MANAGER STATEDTHATIT WAS PLAINTIFFS OR IN BRING THE SECRETARY THAT WHEN TRANSFERRED TO THE MANAGER MANAGER THATHE FELTSMITH EXPLAINED WOULD BE THERESO ABOUT AGAININQUIRE PLAINTIFF CALLEDTHE DEFENDANT TO JOSEPH ANSWEREDTHE PHONE TOLDJOSEPH PLAINTIFF THATIT ASKED TO OR TAKEN CARE OF LATEBUT HE WAS BRINGING THE HYUNDAI BACK RUNNING HE WAS 34 ON TO SMITH TOLDJOSEPH PLAINTIFF THATHE WOULD NEED TO ABOUT JANUARY 2000 OR REASON LATERDATE ON PLAINTIFF CALLEDSMITH JOSEPH WAS HYUNDAITHE NEXT DAYAND EVERYTHING 33 ON PROFIT OF EVERYTHING PLAINTIFF WOULD HAVE ANOTHER JOSEPH 32 ON MORE CONVERSATIONJOSEPH PLAINTIFF TOLDSMITH THATHE BELIEVED SMITH HAD THE VALUE OF THE VEHICLE AND WANTED TO MISREPRESENTED 31 AND THATTHE EXCELLENT SOLDIT FOR HIGHER THEY PRICE WHEN 30 CAR CARS WHATHE COULD GETIN TRADEFORTHEHYUNDAI THE REPRESENTATIVE FORLENT USED CARS CAR SAIDTHATTHEY WOULDPAY 29 PLAINTIFFCALLEDEXCELLENTUSED JOSEPH INTO THE DEFENDANTS DEFENDANT OFFICES OFFICE AND TOLDTHE PLAINTIFFS PLAINTIFF TO COME BACK THE NEXT THE INFORMATION ABOUT THE PURCHASE HIS DAY HOWEVER SCREEN COMPUTER THE SCREEN SHOWEDTHATTHEDEFENDANTHAD SOLDTHE PLAINTIFFS PLAINTIFF HYUNDAI EXCEL COMPUTER SMITH EXCLAIMEDNO JOSEPH MORE THANAN ACCENT SO WE GOTAN ACCENT THATIS WHYYOU WERE PLAINTIFF INNOCENTCAR SALES SALE INC CONSUMER IE PROTECTIONCLE SMITH SAID AN EXCEL IS WORTH SMITH EXPLAINED THATHE OVERCHARGED 0Q0Q COMPLAINT 34 WOULDNEEDTO TALKTO THEMANAGERS THI AND THATTHE PLAINTIFFS PLAINTIFFSHOULD COME MANAGER ABOUTTHIS BACKTHENEXT FORNOT BEINGAT THEDEFENDANTS DEFENDANT OFFICES OFFICE THE DAY SMITH APOLOGIZED PREVIOUDAY PREVIOUS 35 ON ABOUTJANUARY 2000 THE PLAINTIFFS PLAINTIFF RETURNEDTO THE DEFENDANTS DEFENDANT OFFICES OFFICE AT THIS THI OR TIME SMITH TOLDTHE PLAINTIFFS PLAINTIFFTHATHE WOULD GIVETHEM 5500 HE INDICATED THIS THI WAS JUSTIFICATION YOU BETTER THAN WHAT THE OTHERLOTWAS TO GIVE GOING SMITH SAID THATTHE MANAGER COULDNOT UNDERSTANDWHYIT TOOK MORE MONTH TO BRING THE CAR BACK THATTHEY HAD BEEN 36 FORTHEHYUNDAIAS THE PLAINTIFFS PLAINTIFF BECAME TO RETURN TRYING THI CONVERSATION THIS SMITH DURING AND REMINDED EXASPERATED SMITH THE CAR FORTHREEWEEKS WEEK TOLDTHE PLAINTIFFS PLAINTIFF THEY WOULD NEED TO TALKTO COMMITTEE OF MANAGER DEFENDANT MANAGERS AND THE DEFENDANTS IF THEY WANTED TO RETURN THE ATTORNEY VEHICLE THE PLAINTIFFS PLAINTIFF EXPLAINED THATTHIS THI OPTION WAS REVIEW THEIR CASE THAN UNFAIR THE PLAINTIFFS PLAINTIFF RETURN THE CAR ONLYLETTING THANTHE VALUE OFRETURNING THECAR AN ATTORNEY HAVING IF THE CASE WAS WORTHMORE THE PLAINTIFFS PLAINTIFF DEMANDEDTO SPEAK WITH SMITHS SMITH MANAGER 37 SMITH LEFTTHE PLAINTIFFS PLAINTIFF FOR FEW THE MAN MOMENT MOMENTS AND RETURNEDWITH ON THE HYUNDAI WAS CHARGED RETAILVALUE OF THE JIMMY BUT WHOLESALEVALUE THE TO WILLING BECAUSE THE DEFENDANT HAD THE PLAINTIFFS PLAINTIFF REPLIED THATTHEY WERE THE SAME DURING NOT MAN THEREONLY TO RECEIVE RETAILVALUE RETURN THE HYUNDAI DECLINED AND WALKED AWAY CONVERSATION THE PLAINTIFFS PLAINTIFF ASKED WHYTHEY HAD THE HYUNDAI SMITH OR THE PLAINTIFF FULL GIVEN SAID THATTHE ONLY THE DEFENDANTS DEFENDANT WOULD BE THING AND GETTHEIRMONEY BACK THE UNIDENTIFIED 39ON IN THE THATTHE REASON THEY WERE EXPLAINED MAN THE PLAINTIFFS PLAINTIFF REPLIED THATTHEY DID MAN NOT MAN DO IS LETTHE PLAINTIFFS PLAINTIFF CHOOSEANOTHERCAR AND RECEIVE CREDITFORTHE AMOUNT ALREADY PAID 38 UNIDENTIFIED THE PLAINTIFFS PLAINTIFF VERY POORLY THATTHEY WERE BEGAN TREATING STATING BUSINES OF ACCEPTING BUSINESS RETURNEDVEHICLES VEHICLE THE OVER AN NOT RECEIVED TITLETO THATTHE ACCOUNTING WAS BACKED UP RESPONDED DEPARTMENT ABOUT FEBRUARY PLAINTIFF RETURNEDTO THE DEFENDANTS DEFENDANT 15 2000 THE JOSEPH SERVICE DEPARTMENT AND REQUESTED RECORD FORTHE JIMMY THESE RECORDS COPY OF THE REPAIR RECORD SHOW SEVERALODOMETER DISCREPANCIES RECORDS BOTH BEFOREAND AFTERTHE PLAINTIFFS PLAINTIFF DISCREPANCIE OFTHEVEHICLE OWNERSHIP PLAINTIFF INNOCENT CAR CONSUMER PROTECTIONCLE SALESINC SALE 0Q0H CL COMPLAINT 35 40 ON OR ABOUTFEBRUARY 15 2000 PLAINTIFFWENT JOSEPH TO THEDEPARTMENT OFMOTOR VEHICLE TO FIND OUT ABOUTTHETITLETO THEHYUNDAI THE CLERKTOLDTHEPLAINTIFFTHATHE VEHICLES NEEDEDTO CHECKWITH THE DEALERSHIP 41 ON OR ABOUT FEBRUARY PLAINTIFF RECEIVED 16 2000 THE PLAINTIFFS THATTHE THEREIS NO STATING MAKE 42 ON OR AN WITH THEM APPOINTMENT ABOUT MARCH 30 2000 FICTITIOU CUSTOMER FICTITIOUS WITH SPOKE WAS CURRENT IM AN TO LETTER FROMTHE DEFENDANT THE HYUNDAIAND THATTHEY WOULD NEED TEST ON GETAN IM TEST PLAINTIFF CALLEDTHE DEFENDANT POSING AS JOSEPH ABOUT THE ASKING FORTHE JIMMY JOSEPH PLAINTIFF INQUIRE PRICE TO UNIDENTIFIEDFEMALEEMPLOYEETHE ON SALE RIGHT NOW AND WAS STATEDTHATTHE JIMMY EMPLOYEE BEINGOFFEREDAT THE PRICE 995 CLAIM OF FRAUD ASSERTEDAGAINST INNOCENT CAR 43 THE PLAINTIFFS PLAINTIFF RE 44 VALUE TO SALESINC SALE ALLPREVIOUS ALLEGE PREVIOUFACTUALALLEGATIONS ALLEGATION THE THE ITS EMPLOYEES DEFENDANT THROUGH EMPLOYEEMADE AFFIRMATIVE THATTHE VALUE OF THE JIMMY WAS 33000 REPRESENTATIONS REPRESENTATION DEAL GETTING VERY GOOD DUE TO AND THE PLAINTIFFS PLAINTIFF WERE THE STARCRAFIPACKAGE THE VALUE OF THE JIMMY WAS BELOW THE QUOTATION THATTHE DEFENDANTS DEFENDANT EMPLOYEE MADE SUBSTANTIALLY AND THE DEFENDANT HAD REASON AND TO ABILITY TO THE PLAINTIFFS PLAINTIFF KNOW THIS THI THE DEFENDANT PROFITED FROM THE MISREPRESENTATIONS THE DEFENDANT INTENDED TO INDUCE RELIANCEON THESE MISREPRESENTATION STATEMENT STATEMENTS AND THE PLAINTIFFS PLAINTIFF JUSTIFIABLY RELIED ON THE STATEMENTS STATEMENT SUFFEREDDAMAGEAS 45 RESULTOF THESE MISREPRESENTATIONS MISREPRESENTATION ODOMETER THE ITS EMPLOYEE MADE AFFIRMATIVE DEFENDANT THROUGH TO THE PLAINTIFFS PLAINTIFF THATTHE ODOMETER READ 13121 REPRESENTATIONS REPRESENTATION THE VEHICLE AND THATTHIS THI MILEAGE WAS SHOW THATTHEREWAS THE PLAINTIFFS PLAINTIFF AN ACCURATE WHEN THE DEFENDANTS DEFENDANT OWN ODOMETER DISCREPANCY THE DEFENDANT HAD THEY PURCHASED SERVICERECORDS RECORD TO REPORT DUTY ACCURATE ODOMETER INFORMATION TO THE PLAINTIFFS PLAINTIFF AT THE TIME OF SALEUNDER THE FEDERAL ODOMETER DISCLOSURE REQUIREMENTS 49 CFR REQUIREMENT OF VEHICLE VEHICLES IS MILEAGE 580 MISREPRESENTATION CRIME UNDER ALASKA STATUTE1146720 THE DEFENDANT FROM THE MISREPRESENTATIONS THE DEFENDANT INTENDED FORTHE PLAINTIFFTO RELY PROFITED MISREPRESENTATION PLAINTIFF INNOCENT CAR SALES SALE INC CONSUMER PROTECTIONCLE 0Q0H COMPLAINT 36 THI INFORMATION THIS ANDTHELA ON PLAINTIFFSUFFEREDDAMAGE AS 46 RELIEDON THIS THI INFORMATION THE RESULT OFTHESEMISREPRESENTATIONS MISREPRESENTATION THE JIMMY UPON TRADE VALUE THE DEFENDANTTHROUGH ITS EMPLOYEE MADE AFFIRMATIVE THATTHEY WERE REPRESENTATION REPRESENTATIONS THEJIMMY IN HAD ACCESS ACCES THEY AS GREATER RETAIL VALUE FOR THE DEFENDANTS DEFENDANTKNEW OR SHOULDHAVEKNOWNTHE THEM 17000 PAYING RETAILVALUE WAS THE PLAINTIFFS PLAINTIFF GIVING TO BLUE BOOK VALUE QUOTATIONS AND THE SALES SALE QUOTATION TOLDJOSEPH AS REPRESENTATIVE PLAINTIFF POSING FICTITIOUSCUSTOMER THATTHE FICTITIOU 9995 MARKED DOWN SALEPRICETHE DEFENDANTPROFITED FROMTHE MISREPRESENTATIONS MISREPRESENTATION WAS THE DEFENDANT INTENDED TO INDUCE RELIANCEON THE PARTOF THE PLAINTIFFS PLAINTIFF AND THE PLAINTIFF REASONABLY PLAINTIFFS RELIED ON THESEREPRESENTATIONS THE PLAINTIFF SUFFEREDDAMAGE AS REPRESENTATION RESULTOF THESEMISREPRESENTATIONS MISREPRESENTATION 47 VALUE THE THE ITS EMPLOYEES DEFENDANT THROUGH EMPLOYEEMADE AFFIRMATIVE TO THE PLAINTIFFS PLAINTIFF THATTHE HYUNDAI WAS REPRESENTATION REPRESENTATIONS WOULD BE ABLE TO TURN AROUNDAND SELLIT FOR9000 LES THAN EVEN LESS SUBSTANTIALLY VALUATION OF 5500 THE 9000 THE DEFENDANT AS WORTH12000 RETAILAND THE VALUE OF THE CAR THEY WAS DEMONSTRATEDBYTHE DEFENDANTS DEFENDANT OWN FROM THE MISREPRESENTATIONS THE PROFITED MISREPRESENTATION DEFENDANT INTENDED TO INDUCE RELIANCEON THE PARTOF THE PLAINTIFFS PLAINTIFF AND THE PLAINTIFFS PLAINTIFF RELIED ON THESEREPRESENTATIONS THE PLAINTIFF SUFFEREDDAMAGE AS REASONABLY REPRESENTATION RESULTOF THESEMISREPRESENTATIONS MISREPRESENTATION CLAIM VIOLATION OF THE ALASKA VIOLATIONS ASSERTING CONSUMER PROTECTIONACT INNOCENT AGAINST CAR SALES SALE INC 48 THE PLAINTIFFS PLAINTIFF RE 49 THE AND ALLPREVIOUS ALLEGE PREVIOUFACTUALALLEGATIONS ALLEGATION BUSINES CORPORATION IN THE TRADEAND COMMERCE DEFENDANTBUSINESS ENGAGED VEHICLE VIOLATED ALASKA VEHICLES SELLING STATUTE455047 IN OF BUYING NUMBER OF WAYS WAY INCLUDING THATTHE JIMMY HAS REPRESENTING VALUE OF 33000 WHEN THE VEHICLE IS WORTH LES THAN THATAMOUNT LESS SIGNIFICANTLY PLAINTIFF INNOCENT CAR SALES SALE INC CONSUMER FLI PROTECTIONCLE 2Q COMPLAINT 37 THATTHEPLAINTIFFS PLAINTIFF ARE GEUING REPRESENTING DEAL WHEN VERY GOOD CHARGING MORE THANTHEJIMMY IS WORTH SIGNIFICANTLY THATTHESTARCRAFI ADD 10000 ADDS REPRESENTING PACKAGE TO THE VALUE OFTHE JIMMY AND FAILING TO DISCLOSE THAT IT CREATES CREATE SERIOUS SERIOU ELECTRICAL WHEN THE PROBLEM PROBLEMS DEFENDANTKNEW OR HAD REASON TO KNOW PROVIDINGFEDERALODOMETER DISCLOSURE STATEMENT ON THE JIMMY TO THE PLAINTIFFS PLAINTIFF OFTHEDEFECTS DEFECT THATSTATES STATE THAT 13121 IS THE ACTUALMILEAGE OF THE VEHICLE WHEN THE DEFENDANT HAS REASON TO KNOW OF AN ODOMETER DISCREPANCY THE PLAINTIFFS PLAINTIFF THATTHEYCOULD INSTALLAN TELLING JIMMY WHEN ALARM AND AUTOMATIC STARTER IN THE THESECOULD NOT BE INSTALLED WITH THE GIVENTHE ELECTRICALPROBLEMS PROBLEM VEHICLE TO PAY OFFERING HALFOF THE COST OF AN EXTENDED SERVICE CONTRACT ON THE JIMMYAND THEN MAKING NO SUCH PAYMENT THE PLAINTIFFS PLAINTIFF THATTHE PROBLEMS TELLING PROBLEMIN THEIRJIMMY HAVE BEEN WHEN THOSEPROBLEMS HAVE NOT REPAIRED PROBLEM BEEN FIXED OR FIXED AND PARTS PART REPAIRED THE PLAINTIFF THATHE WAS GETTING FULLRETAILVALUE FORTHE JIMMY AS TELLING WHEN HE ACTUALLY GOTWHOLESALEVALUE THE PLAINTIFFTHATTHE JIMMY WAS TELLING 10 TRADEIN THE PLAINTIFF WITH PROVIDING ON SALE AND THATIT WAS MARKED DOWN TO LES THAN THE MODEL LESS HYUNDAIWORTHSUBSTANTIALLY STATEDIN THE PURCHASE AGREEMENT AS 455047 STATE STATES IN RELEVANTPART SEC 455047 UNLAWFUL ACTS ACT AND AND UNFAIR OR COMPETITION OR COMMERCE ARE METHOD OF PRACTICES UNFAIR METHODS PRACTICE IN THE CONDUCTOF TRADE DECEPTIVE PRACTICE PRACTICES ACT OR ACTS DECLARED TO BE UNLAWFUL THE TERMS TERM UNFAIR METHODS METHOD OF COMPETITION AND UNFAIR OR ACT ACTS DECEPTIVE ACT ACTS INCLUDEBUT ARE NOT LIMITED TO THE FOLTOWING PRACTICES PRACTICE THATGOODS SERVICE HAVE SPONSORSHIP REPRESENTING GOODOR SERVICES APPROVAL OR CHARACTERISTIC CHARACTERISTICS THATTHEY DO NOT HAVE INGREDIENT INGREDIENTS USE USES BENEFIT BENEFITS QUALITIE QUALITIES OR THAT PERSON HAS SPONSORSHIP O R STATU AFFILIATION CONNECTION STATUS APPROVAL THATTHEPERSONDOES DOE NOT HAVE OR PLAINTIFF CONSUMER INNOCENT CAR PROTECTIONCLE SALESINC SALE 0Q0Q COMPLAINT 38 10 THATGOODS SERVICE ARE REPRESENTING GOODOR SERVICES OR GRADE OR THATGOODS GOODARE OF OF STANDARD PARTICULAR QUALITY ARE OF PARTICULAR STYLE MODEL IF THEY OR ANOTHER STATEMENT OF FACTCONCERNING STATEMENTS THE REASONS REASON 10 MAKINGFALSEOR MISLEADING AMOUNT OFPRICE FOREXISTENCE OF OR AMOUNTS REDUCTION REDUCTIONS IN ANY OTHERCONDUCT THE LIKELIHOODOFCONFUSION OR 11 ENGAGING CREATING OFMISUNDERSTANDING ANDWHICH MISLEADS DECEIVE OR DAMAGES OR MISLEAD DECEIVES DAMAGE BUYER IN CONNECTIONWITH THE SALE OR ADVERTISEMENT OFGOODS COMPETITOR GOODOR SERVICE SERVICES OR EMPLOYING 12 USING FRAUDFALSEPRETENSEFALSEPROMISE DECEPTION OR KNOWINGLY OR OMITTING MISREPRESENTATION CONCEALING SUPPRESSING MATERIAL FACTWITH INTENTTHATOTHERS OTHER RELY UPON THE CONCEALMENT SUPPRESSION OR OMISSION IN CONNECTION WITH THE SALEOR ADVERTISEMENT OF GOODS GOODOR SERVICE WHETHEROR SERVICES NOT PERSONHAS IN FACTBEEN MISLED DECEIVED OR DAMAGED STATEMENT CONCERNING STATEMENTS THE NEED 15 KNOWINGLY MAKINGFALSEOR MISLEADING FORPARTS OR PART REPLACEMENT SERVICE REPAIR BACK THE ODOMETEROF VEHICLE TO 18 DISCONNECTING TURNING OR RESETTING REDUCETHE NUMBER OF MILES MILE INDICATED TO COMPLY WITH AS 4545130 23 FAILING 4545240 THE UNLAWFUL ACTS ACT AND PRACTICES LISTEDIN OF THIS THI SECTIONARE IN PRACTICE ADDITION TO AND DO NOT LIMIT THE TYPES OF UNLAWFUL ACT AND PRACTICES ACTS TYPE PRACTICE ACTIONABLEAT COMMON LAW OR UNDER OTHERSTATE ALASKA STATUTE1146720 OF USE MISREPRESENTATION STATUTE STATUTES STATE STATES OF VEHICLE PROPELLED THE CRIME OF MISREPRESENTATION OF USE OF COMMIT PERSON COMMITS VEHICLE IF PROPELLED WITH INTENTTO DECEIVE ANY PERSON THE PERSONSELLS LEASE OR OFFERS OFFER OR EXPOSE SELL LEASES EXPOSES TO SALE OR LEASE VEHICLE KNOWING THAT PROPELLED DEVICE USAGE REGISTERING OR REPLACED SO AS DISCONNECTED ADJUSTED TO ON THE VEHICLE HAS BEEN THE DISTANCETRAVELEDBY MISREPRESENT THEVEHICLEOR THE HOURS HOUR OFENGINE USE AS USED IN THIS THI SECTION DEVICE USAGEREGISTERING OR TACHOMETER HOBBSMETER SPEEDOMETER RECORDING MEAN MEANS ANY ODOMETER OTHERINSTRUMENT THATREGISTERS REGISTER THEDISTANCETRAVELED HOUR OFENGINE USE BYTHEVEHICLEOR THEHOURS PLAINTIFF CONSUMER INNOCENT CAR PROTECTIONCLE SALESINC SALE 009H 0Q0Q COMPLAINT 39 11 OFUSE OF PROPELLED VEHICLEIS MISREPRESENTATION CLAS CLASS MISDEMEANOR CLAIM FORBREACHOF EXPRESS ASSERTEDAGAINST INNOCENT CAR SALES SALE EXPRES WARRANTY 50 THE PLAINTIFFS PLAINTIFF RE 51 ALLPREVIOUS ALLEGATION ALLEGATIONS ALLEGE PREVIOUFACTUAL EXPRESWARRANTY THE VALUE EXPRESS MADE EMPLOYEES EMPLOYEE 52 WORTH33000 VEHICLE WORTH33000 AS DAMAGES DAMAGE BUT ONE THE DEFENDANTS DEFENDANT DID NOT PLAINTIFF PLAINTIFFS PROVIDE WORTH SIGNIFICANTLY LES THE PLAINTIFFS LESS PLAINTIFF SUFFERED RESULT FAILURE TO HONOR SERVICE CONTRACT FOR788 THE DEFENDANTSOLDTHE PLAINTIFFS PLAINTIFF SERVICE THE DEFENDANT ITS SERVICE DEPARTMENT THROUGH EMPLOYEETOLDTHE EMPLOYEES PLAINTIFF THATREPAIRS PLAINTIFFS REPAIRHAD BEEN MADE DEFECT WERE KNOWN DEFECTS 53 THE DEFENDANTTHROUGH ITS THE TO THE PLAINTIFF DURING THE PURCHASE EXPRES WARRANTY EXPRESS NEGOTIATION NEGOTIATIONS AN THATTHATTHE JIMMY WAS WITH INC NOT FIXED DEFENDANT DID DEFENDANTS AN NOT THE JIMMY NO SUCH REPAIRS REPAIRWERE THE PLAINTIFFS PLAINTIFF SUFFERED AS DAMAGE ON THE VALUE EXPRES WARRANTY EXPRESS MADE EMPLOYEE ON THE THE WORTH12000 VEHICLE WORTH12000 LES THE PLAINTIFFS LESS PLAINTIFF SUFFEREDDAMAGES DAMAGEAS SIGNIFICANTLY RESULT ITS DEFENDANT THROUGH THATTHE VEHICLE WAS EXPRES WARRANTY EXPRESS PLAINTIFF WITH PLAINTIFFS PROVIDE THE BUT ONE WORTH RESULT CLAIM FORREVOCATIONOF ACCEPTANCE ASSERTEDAGAINST INNOCENT CAR 54 THE PLAINTIFFS PLAINTIFF RE MADE AND SALESINC SALE ALLPREVIOUS ALLEGE PREVIOUFACTUALALLEGATIONS ALLEGATION 55 THE NONCONFORMITIES NONCONFORMITIE IN THE HYUNDAILISTEDIN THE PURCHASE AGREEMENT AND THE RECEIVED SUBSTANTIALLY HYUNDAIACTUALLY IMPAIR THE VALUE OF THE VEHICLE IMPAIRS 56 THE PLAINTIFF ATTEMPTED TO REVOKE ACCEPTANCE UNDER THE ALASKA UNIFORM COMMERCIAL CODE AS 4502608A2 FORCAUSE AUTHORIZED BYTHATSTATUTE THI THIS STATUTE STATES STATE RELEVANT PART SEC 4502608 REVOCATION OF ACCEPTANCE ON WHOLE IN PART COMMERCIALUNIT WHOSE OR THE OF LOTOR BUYER MAY REVOKEACCEPTANCE IF THE BUYER HAS NONCONFORMITY SUBSTANTIALLY IMPAIR ITS VALUE TO THE BUYER IMPAIRS PLAINTIFF CONSUMER INNOCENT CAR PROTECTIONCLE SALE INC SALES 2Q COMPLAINT 40 12 IN IT ACCEPTED WITHOUTDISCOVERY OFTHENONCONFORMITY IF THEBUYERS BUYER WAS REASONABLY INDUCEDEITHERBY THEDIFFICULTY OFDISCOVERY OR ACCEPTANCE SELLER ASSURANCES ASSURANCE BYTHE SELLERS 57 THE DEFENDANTS DEFENDANT DID NOT THE PLAINTIFF WITH PROVIDE HYUNDAIEXCEL GL AND REFUSED TO RETURN THE ENTIREAMOUNT OFTHE PLAINTIFFS PLAINTIFF MONEY 58 THE PLAINTIFFS PLAINTIFF CONTINUE TO THE HYUNDAI UNDER USE SOME NEEDING FORM OF TRANSPORTATION 59 THE HAVE SUFFERED THEFOLLOWING INCIDENTALAND PLAINTIFF PLAINTIFFS GENERAL SPECIAL RESULTOFTHEDEFENDANTS DEFENDANT CONDUCT CONSEQUENTIAL DAMAGEAS DAMAGES ECONOMIC DAMAGE AS RESULT OFLOSS LOS OFTHE BARGAIN ON BOTH THE HYUNDAI AND THE JIMMY OUT OF POCKET EXPENSE AS EXPENSES WAS LITTLEOR NO RESULTOF PURCHASING SERVICE CONTRACT FORWHICH THERE BENEFIT OUT OFPOCKET TO DISCOVER THE FRAUD EXPENSE REGARDING EXPENSES INVESTIGATION TIME WITH AND ATTEMPTING TO FIX AND RETURN THE DAMAGED SPENT DEALING CAR EMOTIONAL DISTRESS DISTRES FOLLOWING FROM THE AGGRAVATION INCONVENIENCE AND OVER ANXIETY OF BEING AND CHEATED DISCOVERY OTHER DAMAGES DAMAGETO BE PROVEN AT TRIAL 60 THE DEFENDANTS DEFENDANT CONDUCTTOWARDTHE PLAINTIFFS PLAINTIFF WAS MALICIOU MALICIOUS RECKLES DISREGARD FORTHE STATE AND FEDERAL MOTIVESOR WITH RECKLESS MOTIVE RIGHTOFTHE RIGHTS PLAINTIFF THE CONDUCTOFTHE DEFENDANT PLAINTIFFS THE ALASKA PUBLIC POLICIEUNDERLYING POLICIES ODOMETERDISCLOSURELAWS LAW AND UNDERTAKENWITH HOSTILEAND CONTRACT AS WELL AS LAW WARRANTY WAS NUMBER OF THE OUTRAGEOUVIOLATING OUTRAGEOUS CONSUMER PROTECTIONACT AND THE FEDERAL 1AW COMMON CREATEDUNDER TORTFRAUD AWARD IS JUSTIFIED AS PUNITIVE DEFENDANT AND OTHER OTHERSFROM ENGAGING IN SIMILAR COURSE DETERRENT TO THE OF CONDUCTTOWARDCUSTOMERS CUSTOMER THE PLAINTIFF PLAINTIFFS FOLLOW PRAY FORRELIEFAS FOLLOWS PLAINTIFF CONSUMER INNOCENT CAR PROTECTIONCLE SALE INC SALES 0Q0Q COMPLAINT 41 13 FOR GENERAL INCIDENTALAND CONSEQUENTIAL IN AN SPECIAL DAMAGE DAMAGES PROVEN AT TRIALBUT IN ANY EVENT IN EXCES EXCESS TO OF 50000 TO HONORTHEREVOCATION REQUIRED FOR AN AWARD OF PUNITIVE IN EXCESS EXCES DAMAGES DAMAGE FOR AN UNDER AS INJUNCTION 4550535 OF 50000 THE DEFENDANTS DEFENDANT FROM PREVENTING IN MISLEADING AND DECEPTIVE CONDUCT ENGAGING FOR COSTS COST INTERESTAND AN AWARD OF ACTUALTOR FEE INCLUDING FEES ATTORNEY ATTORNEYS FEE UNDER AS 455053 FEES FOR SUCH OTHERRELIEFAS THE COURT DEEMS DEEM APPROPRIATE DATED THIS THI DAYOF APRIL2000 NICHOLAS NICHOLA KITTLESON ABA 9711090 PLAINTIFF CONSUMER BE DECLARATION THATTHE PLAINTIFFS PLAINTIFF REVOCATION WAS VALID AND THE DEFENDANTS DEFENDANT FOR ARE AMOUNT AN AMOUNT INNOCENT CAR PROTECTIONCLE SALE INC SALES 0Q0H CI COMPLAINT 42 14 POWERPOINT AUTO CONSTRUCTION HARD COPY ANTITRUST OVERVIEW SAMPLE COMPLAINT ASSURANCE CONSUMER PROTECTIONCLE SAMPLE OF AN OF VOLUNTARYCOMPLIANCE 43 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 44 CLYDE SNIFFENJR 11501 AND AUTOCONSTRUCTION CLYDEED ASSISTANT SNIFFEN JR GENERAL ATTORNEY FAIR BUSINESS BUSINES PRACTICES PRACTICE SECTION OF LAW DEPARTMENT ALASKA INTRODUCTION UNFAIRTRADE PRACTICES PRACTICE UTP FORM AND FORMS ARE TAKE NOT LIMITED TO ANY ON MANY PARTICULAR KIND OFTRANSACTION DO NOT KNOW THEREARE UTPS UTP LAWYERS LAWYER IN MANY TRANSACTIONS TRANSACTION PRESENT MOST AND ANTITRUSTOVERVIEW AUTO CONSTRUCTION CONSUMER UTU PROTECTIONCLE 45 ED CLYDE JR SNIFFEN AUTOTRANSACTIONS TRANSACTION MOST CONSUMER THEALASKA COMPLAINTRECEIVED BY COMPLAINTS GENERAL INVOLVE ATTORNEY MOTOR VEHICLE PURCHASE MOTOR VEHICLE TRANSACTIONS TRANSACTION ARE AND PROVIDE COMPLICATED PRIME FORFRAUDAND DECEPTION OPPORTUNITY PURCHASES PURCHASE PRESENTDIFFERENT ISSUE THAN USED CAR PURCHASES ISSUES PURCHASE NEW CAR NEW CAR PURCHASES PURCHASE LOVE LOVES EVERYONE NEW CAR MAY NOT NOTICE SCAM SCAMS MOST NEW CAR ISSUE ISSUES ARE ISSUE ISSUES WARRANTY WATCH FORADVERTISING SCAM SCAMS CAR CARS SELLING FOR PRICEHIGHER THAN ADVERTISED PRICE COMPARISON ADVERTISING IBE DECEPTIVE AND ANTITRUST OVERVIEW AUTO CONSTRUCTION CONSUMER PROTECTIONCLE PRICE 46 ED CLYDE JR SNIFFEN 11501 NEW CARWARRANTIES WARRANTIE THERE IS BREACH WHENEVER THE VEHICLE WARRANTY MADE ON DOE NOT CONFORM TO THE REPRESENTATIONS DOES REPRESENTATION THEVEHICLEDOCUMENTATION BREACH OF WARRANTY DOE NOT DEPENDON SELLERS DOES SELLER FAULT NO INTENT REQUIRED WARRANTIE FROM MANUFACTURER INCLUDED WARRANTIES FACTORY IN PRICE NO NEGOTIATION REQUIRED EXTENDED WARRANTIES WARRANTIE OFFEREDBY DEALEROR THIRD PARTY EXTEND WARRANTY COVERAGEBEYONDFACTORY AND ARE LIMITED TERM WARRANTY BY THEIRTERMS NEW CAR WARRANTIES WARRANTIE CONTINUED ALASKA LEMON LAW IS VEHICLE USED TO PRIMARY BREACH OF NEW CAR WARRANTY CHALLENGE PROBABLY NEED TO FOLLOWPROCEDURE BEFORE ASSERTINGUTP CONSIDER UCC REMEDIES REMEDIE OFREVOCATION AS AND WITHHOLDING 4502608 PAYMENTTO PAY DAMAGE OR REPAIRS DAMAGES REPAIRAS 027 STATUTEOFLIMITATIONS LIMITATION GOVERNED BY UCC YEAR FROM DATE OF SALE AS 4502705 YEARS AND ANTITRUSTOVERVIEW AUTO CONSTRUCTION CONSUMER PROTECTIONCLE 47 FOR FOUR CLYDE JR SNIFFEN 11501 USED CARPURCHASES PURCHASE MOST AUTO INVOLVE COMPLAINTS COMPLAINT PURCHASE PURCHASES USED CAR DIFFICULT TO DETERMINE CONDITIONOFVEHICLE CONSUMER FOR BOUGHT BY CONSUMERS LOOKING BARGAINOR WITH POORCREDITHISTORY RISKYIF SOLDAS IS UNFAIRTRADE PRACTICES PRACTICE TO LOOKFOR PROBLEMSEE AS 4545400 PROBLEMS FAILURE TO DISCLOSE KNOWN DEFECTS DEFECT DUTYINQUIRE DUTYTO INSPECT DUTYTO DISCLOSE MAKINGPROMISES PROMISESEE WARRANTIES WARRANTIE CREATIVE FINANCING ILA VIOLATIONS VIOLATION ODOMETER FRAUDFEDERALODOMETER ACT 49 USC 32701 TITLE ISSUES ISSUE AUTO CONSTRUCTIONAND ANTITRUSTOVERVIEW CONSUMER PROTECTIONCLE 48 CLYDE JR SNIFFEN 11501 USED CARWARRANTIES WARRANTIE NOT FROMMANUFACTURER NORMALLY TERM COVERAGE DEPENDSON TERMS DEPEND MUST DISPLAY FTC BUYERS BUYER GUIDE AND INDICATE WHETHERWARRANTIES WARRANTIE ARE INCLUDEDIN SALE 16 CFR PART4552 DEALER CAN STILLWAIVE STATE IMPLIEDWARRANTIES WARRANTIE IF EXTENDED WARRANTY IS OFFEREDAND SERVICED BY THIRDPARTYPRIEBE AUTOBAM 240 584 7TH CIR 2001 USED CAR WARRANTIES WARRANTIE CONTINUED WATCH FORAUTOMATIC EXCLUSION OF WARRANTY TERM TERMS IF CAR HAS UNKNOWN MAY MILEAGEWARRANTY NOT APPLY MOST WARRANTIES WARRANTIE LIMITED TO RETAILVALUE OF VEHICLE STATUTEOF LIMITATIONS LIMITATION GOVERNED BY UCC FOUR YEARS YEAR FROM DATE OFSALE AS 4502705 UCC REMEDIE REMEDIES DAMAGE OR DAMAGES DO NOT PROVIDE FORPUNITIVE USUALLY FEE FEES ATTORNEYS ATTORNEY ACT DOES DOE PROVIDE FOR MAGNUSONMOS MAGNUSONMOSS WARRANTY FEES FOR BREACH OF WRITTENWARRANTY FEE ATTORNEYS ATTORNEY BEST PLED IN CONJUNCTION WITH OTHERCLAIMS CLAIM GENERALLY AND ANTITRUSTOVERVIEW AUTO CONSTRUCTION CONSUMER PROTECTIONCLE 49 ED CLYDE JR SNIFFEN 11501 WARRANTIE IN WARRANTIES EXPRESS EXPRES USED CARSALES SALE CREATED WHENEVER SELLERMAKES MAKE STATEMENT OFFACT OR RELATE TOTHE CAR AND PLAYS PROMISEWHICH RELATES PLAYANY ROLEIN THE BARGAINING PROCES PROCESS DOE NOT HAVE TO BE DOES SPECIFICAND CAN BE ORALWRITTENOR BROADCAST RELIANCE ON THE STATEMENT IS NOT REQUIRED ONLY THATTHE STATEMENT FORMED BASI FORTHE BASIS BARGAIN AS 4502313 VIOLATION OF EXPRESS WARRANTIE CAN CONSTITUTEAN UTP EXPRES WARRANTIES UNDER AS 4550471 B6 CONSTRUCTION CONTRACTOR CONTRACTORS GOOD SOURCE OF UTPS UTP OR VERYWEAK STATUTORY SUPPORT REGULATION INTENSIVE IE EXPERT LITIGATE ADDING UTP EXPENSIVE CLAIM TO TO CONSTRUCTION FEE DISPUTECAN GETYOU FULLFEES DAMAGE DAMAGES AND TREBLE AND ANTITRUSTOVERVIEW AUTO CONSTRUCTION CONSUMER PROTECTIONCLE 50 CLYDE SNIFFENJR 11 CONSUMERLAW ISSUES ISSUE IN CONSTRUCTION DISPUTE DISPUTES OFWORKMANLIKE PERFORMANCE CAN BE IMPLIEDWARRANTY WAIVED IN OR CONSTRUCTION WHENEVER SOMEONE CONTRACT BUILDING HOLD HIMSELF OUT TO BE SPECIALLY HOLDS TO DO PARTICULAR QUALIFIED OF THERE IS THATWORKWILLBE TYPE WORK IMPLIED WARRANTY DONE IN WORKMANLIKE MANNER AND THAT RESULTING BUILDING FITFORINTENDED USE ETC WILLBE REASONABLY PRODUCT LEWI LEWIS ANCHORAGE ASPHALT PAVINGCO 535 P2D 1188 ALASKA 1975 TIMELYPERFORMANCECOMPLETIO CONTROL OVER CONTRACTORS CONTRACTOR STATUTORY NOT MUCH DIVISION OF OCCUPATIONAL LICENSINGHAS VIOLATION OFAS 0818 VIOLATIONS INVESTIGATE CITATION AS 0818117 CITATIONS TO DIVISION CAN JURISDICTION ISSUE ALSO REVOKE RESIDENTIAL ENDORSEMENTS ENDORSEMENT OF INCOMPETENCE OR FRAUDAS UPON SHOWING 0818123 FAILURETO ACT IN ON THROUGH MANNER PROFESSIONAL OR CONTRACTPROMISES PROMISE IS NOT FRAUD AND ANTITRUSTOVERVIEW AUTO CONSTRUCTION CONSUMER PROTECTIONCLE 51 FOLLOW CLYDE JR SRIIFFEN ANTITRUST ISSUES ISSUE VERYCOMPLICATED EVERYANTITRUSTVIOLATION IS ALSO AN UNFAIR TRADE PRACTICE AS 4545562 ET SEQ IS ALASKAS ALASKA ANTITRUST STATUTE ESSENTIALLY FOLLOWFEDERALLAW FOLLOWS INTENDED THATALASKA COURTS COURT WOULD LEGISLATURE LOOK TO SHERMAN ACT FORINTERPRETATION WEST SEA FOODS FOOD INC 628 P2D 10 LGOH 1981 ALLOW FORPRIVATE ALLOWS SUITES AND TREBLEDAMAGES SUITE DAMAGE AS 4550576 CAN GETTREBLE DAMAGES DAMAGE ANTITRUST ISSUES ISSUE CONTINUED ANTITRUSTSTANDING CAN BE TRICKY UNREASONABLE RESTRAINTS RESTRAINTOFTRADE OR CONSPIRACY BETWEEN TWO OR AGREEMENT OR BUSINES BUSINESS ENTITIE ENTITIES PEOPLE INTEND TO HARM OR RESTRAINCOMPETITION ACTUALCOMPETITIVE INJURY MONOPOLIE MONOPOLIES AND ACQUISITIONS ACQUISITION MERGERS MERGER AND ANTITRUST OVERVIEW AUTO CONSTRUCTION CONSUMER PROTECTIONCLE 52 MORE CLYDE JR SNIFFEN 11501 SUMMARY CONSIDER THE BROADAPPLICATION OFAS IN THESE TRANSACTIONS TRANSACTION 455047 CONSULT FTC SEND ME DECISION FORGUIDANCE DECISIONS COPIESOF ANY UTP COMPLAINT COPIE AND ANTITRUSTOVERVIEW AUTO CONSTRUCTION CONSUMER EFLI PROTECTIONCLE 53 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT INTENTIONALLY 54 BLANK IN THE SUPERIOR THIRD COURT JUDICIAL FOR THE STATE OF ALASKA AT ANCHORAGE DISTRICT IN THEMATTER OFTHE GENERAL GENERALS ATTORNEY OF INVESTIGATION UNSCRUPULOU UNSCRUPULOUS CAR COMPANY CASE NO 3AN CIVIL AS CAR COMPANYUCC UNSCRUPULOUS UNSCRUPULOU PURSUANTTO AS ITS ATTORNEY IMA SCHEISTER AND THROUGH AND 11 AND WITH THE APPROVAL 45505 CONSENT OF THE GENERALOF THE ATTORNEY STATE OF ALASKA HEREBY ENTERS THIS ENTER THI ASSURANCE OF VOLUNTARY AVC COMPLIANCE WITH SPECIFIC OF ALASKAS ALASKA COMPLIANCE PROVISIONS PROVISION CONSUMER PROTECTION ACT SEQ WHICH THE PARTIEREQUESTTHE PARTIES ARE AS COURT COURTS OF THIS THI APPROVAL ASSURANCE AS CONCERNING 4550471 ET THE TERMS TERM AND CONDITIONS CONDITION OF FOLLOW FOLLOWS THI THIS MATTER COME COMES PROVIDETHAT THE ATTORNEYGENERAL PROVIDES TO ANY RESPECT ACT OR PERSON WHO HAS MAY CONSIDERED TO PRACTICE OR WAS ENGAGED BEFORE THE COURT PURSUANTTO AS ACCEPTAN OF ASSURANCE BE IN VIOLATION OF AS ABOUT TO ENGAGE IN SUCH AN ACT OR 4550511 WHICH WITH VOLUNTARY COMPLIANCE 4550471 4550561 FROM PRACTICE THE STATE OF ALASKA THROUGH THE OFFICEOFTHEATTORNEY GENERALINITIATED AN OF UCC INVESTIGATION INTO VIOLATION OF AS VIOLATIONS ALLEGED 545047 PURSUANTTO THE AUTHORITY VESTEDIN THEATTORNEY GENERALUNDERAS 4550495 UCC IS FORMEDUNDERTHELAWS LAW OF THE STATE OF ALASKAAND CORPORATION CONDUCT BUSINESS CONDUCTS BUSINES UNDER THE NAME OF SAVEABUNDLE AUTO SALES SALE ASSURANCEOF CONSUMER PROTECTIONCLE 55 UCC UCCS PRIMARY PLACEOF BUSINESSIS IN BUSINES ALASKA WITHIN THE THIRD JUDICIAL DISTRICT SH ANCHORAGE BUSINESSIS BUSINES PRIMARY THESALEOFUSEDCARS CAR AND TRUCKS TRUCK ON OR ABOUTSEPTEMBER 29 1999 THE ATTORNEY GENERAL OFFICE RECEIVED GENERALS UCC FROMBRITTNEY CLAIMED UCC SOLDHER COMPLAINT AGAINST SPEAR MS SPEAR SPEARS SPEARS KIA THATSHE ALLEGES WAS IN FACTUSED THE VEHICLE PURCHASED SPORTAGE WAS ALLEGE BY MS SPEAR SPEARS SHEHAD RENTEDTHEPREVIOUS MILE PREVIOUWEEKAND ALMOSTALLOF THEMILES MS SPEAR USE OF SPEARS THE VEHICLE MS SPEARALSO CLAIMED SPEARS DISCLOSURE STATEMENT AFTER THE VEHICLEWAS ON OR ABOUT ANOTHERCOMPLAINT UCC AGAINST CAR THAT WAS STILLUNDER IN FACTORY WARRANTY THE CAR HAD BEEN IN TO REPAIRS REPAIR THE VEHICLE THE VEHICLE HAD BEEN MR NOT MR JACKSON FAILED TO DISCLOSE THIS THI JACKSON TOOK THE PREVIOUACCIDENTAND REPAIRS PREVIOUS REPAIRWERE WERE THAT UCC THE RESULT OF ALTEREDTHE ODOMETER THE ATTORNEY GENERAL GENERALS OFFICE RECEIVED FROM MICHAEL JACKSON WHEN THE VEHICLE WERE PURCHASED 29 1999 SEPTEMBER PREVIOUACCIDENTBUT PREVIOUS ON VEHICLE POSSIBLE UCC CAR AT UCC ALLEGED THE TIME OF SALE IN FOR REPAIRS REPAIRIT DONE SOLD HIM WAS AS INCORRECTLY DENIED THAT IT KNEW AT THE CAR WAS DISCOVERED OTHER RESULT THE TIME OF SALE THAT THAT AND VOLUNTARILY THE VEHICLE FROM MR PREVIOUSLY DAMAGED REPURCHASED JACKSON ON OR ABOUT DECEMBER FROM SUGAR UCC COMPLAINT RAY ALLEGING THI CASE COUNTRY IN THIS MR IT IN 14 1999 THE ATTORNEY GENERAL GENERALS OFFICE RECEIVED SOLD HIM GRAY ONE THI FACTAT THE TIME OF SALE CANADABUT FAILEDTO DISCLOSETHIS FROM ANOTHER AS RESULT VALUEOFTHE VEHICLEWHEN HE TRIEDTO SELLIT OR TRADE RAY WAS UNABLETO REALIZETHE EXPECTED UCC THE VEHICLE ALLEGES ALLEGE WAS INTO LEGALLY IMPORTED IT VOLUNTARILY THEVEHICLEFROMMR RAY HOWEVER REPURCHASED CONSUMER MARKET VEHICLE PROTECTIONCLE 56 THE UNITED STATE FROM CANADA STATES INTOTHETHREECOMPLAINTS COMPLAINT INVESTIGATION THE ATTORNEY GENERALINITIATEDAN OUTLINEDABOVE TO IT WAS DISCOVEREDTHATSH DURINGITSINVESTIGATION SOME THE MARKET VEHICLE VEHICLES CASE CASES BY AS MUCH PRICE USED BY UCC WERE SOLD IN THE AS NOT ALWAY ALWAYS MARKET ANCHORAGE 16 CFR SUBSTANTIAL NUMBER OF SIMILAR PRICEAT WHICH NOT THE THE IS PROHIBITED BYAS 4550471 ADVERTISING PRACTICE WAS WAS GENERALBELIEVES BELIEVE SEVERALTHOUSANDDOLLARS DOLLAR THE ATTORNEY WAS GUIDEAGAINST DECEPTIVE PRICINGSEE PRICE WHICH FOLLOWEDBY VEHICLE VEHICLES PROVIDEDMARKET PRICE FOR ITS LOWER IN WAS ADVERTISING PRACTICE AND THE FEDERAL TRADE COMMISSION CH PT 233 ED 1199 ACTIVITIE THATARE PROHIBITED ACTIVITIES IN PRICE ENGAGED COMPARISON BYANY UCC USED CONSUMER THI OFFICE BELIEVES BELIEVE THIS GENERAL GENERALS ATTORNEY PAPER UCC MAINTAINS MAINTAIN THATIT LAW OR REGULATION TO IT BY SEVERAL FINANCIALINSTITUTIONS INSTITUTION PROVIDED GENERALBELIEVES BELIEVE THE FTC IN THE ALASKA MARKETTO FINANCESALES SALE OFUSED VEHICLES VEHICLE THE ATTORNEY LENDER TO DISCLOSETHAT THE LENDER MAY LENDERS REQUIRE REQUIRES AMOUNT CATEGORYAMOUNTS OTHER OTHERS PAID TO INSTITUTION AND USED BY UCC INSTITUTIONS OTHER WHEN NOTIFIED OTHERS NOT DISCLOSE THAT IT MAY BE OF THIS THI PAPER PROVIDED BY FINANCIAL OF THE AMOUNT PAIDTO RETAINING UCC DEFICIENCY NOTIFIED THE RESPECTIVE PAPER TO DISCLOSE THATIT MAY AMOUNT OTHER OF THE AMOUNTS RETAINING PORTION PAIDTO OTHERS WAS WAS 15 USC BOX ON THE 2308A WAS IF OR SEPARATEWRITTENWARRANTY ALSO OFFEREDWITH THE VEHICLE THE MAGNUSONMOSWARRANTY MAGNUSONMOSS STATE IMPLIEDWARRANTIES WARRANTIE IF PROHIBITSDEALER FROM DISCLAIMING PROHIBIT WRITTEN WARRANTY OR EXTENDEDSERVICE SEPARATE NOTIFIEDBY THE ATTORNEY GENERALUCC CONTRACT IS ALSO SOLD WITH THE VEHICLE WHEN SENT VOLUNTARILY CUSTOMER LETTER TO ALL CUSTOMERS LETTERS NF PROTECTIONCLE COMPUTER PROGRAM THAT THE CONTRACT PROVIDING PURCHASE CONSUMER WARRANTIE EVEN WAIVINGALL IMPLIEDSTATE WARRANTIES EXTENDEDSERVICECONTRACT ACT UCC GENERAL ALSO DISCOVEREDTHAT UCCS ATTORNEY IN AUTOMATICALLY FILLING CONSUMER CONSUMER CONSUMER CHANGED BY INTERLINEATION THE CONSUMER THE IIRA IN THE OF THE PROCEEDS RETAININGPORTION PROCEED OF THE GENERAL BYTHE ATTORNEY FINANCIAL INSTITUTIONS INSTITUTION AND BE DID SOME BE 57 SO WHO PURCHASED AN EXTENDEDSERVICECONTRACT WAIVER OF STATE OR HAD WRITTENWARRANTYAND INFORMED THEM SEPARATE WARRANTIEIN THE SALES SALE CONTRACT IMPLIEDWARRANTIES UCC IMPLIEDWARRANTYOF MERCHANTABILITY NOT WAS VOID AND UCC THAT THE WOULD HONORTHE HAS ALSO CHANGED ITS COMPUTERPROGRAM SO IT WOULD REFLECT THEWAIVER 10 HAVE BEEN CONCERN CONCERNS CONSUMER CONSUMERS SUGARRAY RESOLVED BY UCC SATISFACTORILY MADE BY MS SPEARS COMPLAINT COMPLAINTS SPEAR BUT HAS BEEN 11 ALASKA ALASKAS UCC REPRESENTSIT HAS REPRESENT UNABLE TO DO CONSUMER AGREE IT WILL NOT POSTMARKET AGREES SUCHPRICE ESTABLISH IS THE AVERAGE TO RESOLVE ATTEMPTED SO AN OBLIGATION TO COMPLY WITH ACKNOWLEDGES ACKNOWLEDGE UCC UNFAIR TRADE PRACTICES PRACTICE AN UCC SPECIFICALLY MICHAEL JACKSON HAVE INDICATED THEIR AND PROTECTIONACT PRICE FOR ANY PRICES AS THE OF REQUIREMENT REQUIREMENTS 455047 ET SEQ OF IT VEHICLES VEHICLE UNLESS UNLES IT CAN NUMBER OF SIMILAR VEHICLES VEHICLE IN THE PRICE PAIDFOR SUBSTANTIAL AREA USEDCAR MARKET ANCHORAGE 12 15 USC 2308A AGREES THATIT WILL AGREE UCC AND WILL NOT DISCLAIM WITH COMPLY STATE THE MAGNUSONMOSS MAGNUSONMOS ACT WARRANTY WARRANTIE IF IMPLIEDWARRANTIES WRITTEN WARRANTYOR EXTENDED SERVICE CONTRACT IS ALSO SOLD WITH THE VEHICLE 13 USC 1601 UCC OTHER LISTEDON ANY RISC OTHERS SUBMIT AN COMPLYWITH AND WILL DISCLOSETO CUSTOMERS CUSTOMER ET SEQ 14 AGREE THAT IT WILL AGREES THAT THE OF PROVISIONS PROVISION THE TILA 15 OF THE AMOUNT AMOUNTS PAIDTO PORTION MAY BE RETAINED BY UCC WITHIN TEN THI AGREEMENT UCC SHALL DAYSOF THE DATE OF EXECUTIONOF THIS DAY AFFIDAVITTO THE ATTORNEY GENERAL GENERALS OFFICE STATING THAT IT HAS THE INFORMATIONDISCUSSED IN PARAGRAPHTO ALL CUSTOMERS CUSTOMER WHO SENT LETTERCONTAINING VEHICLE PURCHASED AS IS THECUSTOMER ALSOPURCHASED WRITTENWARRANTY OR EXTENDEDSERVICECONTRACT WITH THEVEHICLE NF UONSUMER PROTECTIONCLE 0Q 58 IF 15 WITHIN VOLUNTARY PAYMENT OF 5000 10 TO THI AVC DAYSOF THE EXECUTION OF THIS DAY THE STATEOFALASKA FORUSE ENFORCEMENTAND EDUCATION THE PAYMENTSHALLBE UCC SHALL MAKE BYTHE STATE FORCONSUMER BY CERTIFIEDCHECK OR DELIVEREDTO THE OFFICE OF THE ATTORNEY GENERAL 1031 PROTECTION CASHIER CHECK AND CASHIERS AVENUE SUITE 200 ANCHORAGE ALASKA 16 THI THIS AVC SALESMENSUCCESSORS SUCCESSOR AND SHALLBE BINDINGON ALL EMPLOYEES OFFICER DIRECTORS DIRECTOR EMPLOYEEAGENTS AGENT OFFICERS OF UCC ASSIGNS ASSIGN VIOLATION 17 OTHER STATE UCC OR FEDERALLAW AND THIS THI AVC VIOLATION BY UCC ASSURANCE CONSUMER DENIE THAT IT HAS VIOLATEDANY DENIES FORANY PURPOSE AS OF AS PROVISIONS PROVISION 455047 OR ANY IS NOT TO BE CONSIDEREDAN ADMISSION OF ANY PROVIDED BY AS 4550511 OF 59 BRUCE ATFORNEY DATED BOTELHO GENERAL BY CLYDE SNIFFEN JR ASSISTANTATTORNEY GENERAL ALASKA BAR NO 8906036 CAR COMPANY UNSCRUPULOUS UNSCRUPULOU DATED BY IMA SCHEISTER 1234 CHEATUN BLVD IIR CONSUMER ANCHORAGE 99501 ALASKA BAR NO 8310110 NF PROTECTIONCLE 0Q 60 SUPERIOR IN THE THIRD STATE OF COURT JUDICIAL FOR THE DISTRICT AT STATE OF ALASKA ANCHORAGE ALASKA PLAINTIFF VS CAR UNSCRUPULOU UNSCRUPULOUS INC AND HOWIE COMPANY FLEECEM CASE NO3ANO1 CIVIL DEFENDANT DEFENDANTS COMPLAINT FOR INJUNCTIVE RELIEF AS 455050 THE STATE OF ALASKA BY AND THE OFFICE THROUGH OF THE GENERAL ATTORNEY FORITS COMPLAINT ALLEGE ALLEGES THI THIS CONSUMER PROTECTION 455050 PRACTICEAND IS FILED UNDER THE ALASKA UNFAIRTRADE PRACTICES COMPLAINT ACT AS WHICH CONFERS CONFER JURISDICTION UPON THE REASON HAVING AND COMPLAINT PROTECTIONCLE AS SPECIFICALLY IN ACTS ACT DECLARED ENGAGED AND THATTHESEPROCEEDINGS ARE IN THE PUBLIC INTEREST PROCEEDING VENUE UNDER RULE ANCHORAGE MORE GENERAL COURTTHE ATTORNEY SUPERIOR DEFENDANT HAVE TO BELIEVE THATTHE ABOVE NAMED DEFENDANTS UNLAWFUL BY AS 455047 CONSUMER 4550561 4550471 IN THIS THI ACTION IS PROPER IN THE THIRD JUDICIAL DISTRICT AT OF THE ALASKA RULES RULE OF CIVIL PROCEDURE PAGE OF 61 CAR COMPANYUCC UNSCRUPULOUS UNSCRUPULOU IS AN ALASKA CORPORATION ALASKA BUSINES IN ANCHORAGE BUSINESS DOING HOWIE FLEECEM IS THE PRIMARY SHAREHOLDEROF UCC AND RESIDENT STATE OF WASHINGTON AT NEW BUSINES OF SELLING BUSINESS ALL MATERIAL DEFENDANT HAVE ACTIVELY IN THE TIME DEFENDANTS TIMES ENGAGED AND USED AUTOMOBILES AUTOMOBILE ON ACTIVITIE CONSTITUTETHE CONDUCT OF TRADE OR ACTIVITIES 455047 AND HAVE BEEN CONDUCTED IN RETAILBASIS BASI WITHIN COMMERCE DEFENDANT DEFENDANTS BUSINES BUSINESS THE MEANINGOF ANCHORAGE ALASKA WHICH AS IS IN THE THIRD JUDICIAL DISTRICT ON MARCH UCC 1985 AND THE STATE OF ALASKA OFFICE OF THE GENERAL STATE ATTORNEY ENTERED ISSUE RELATEDTO THE STATES ISSUES STATE OF ALLEGED VIOLATION OF AS VIOLATIONS INVESTIGATION ON THIS THI SAME FOR SETTLEMENT STIPULATION TO RESOLVE SEVERAL 455047 SEQ COURT APPROVED THE STIPULATION AND ENTERED CONSENT DATETHE SUPERIOR UCC JUDGMENTWHICH PROHIBITED FROM IN ENGAGING NUMEROU NUMEROUS POTENTIALLY DECEPTIVE ACTIVITIE SEE EXHIBIT ACTIVITIES IN UCC UCC ALLEGING FAILED TO COMPLAINT CONSUMER RNI 1999 THE STATE RECEIVED SEVERALCONSUMER PROTECTIONCLE COMPLAINT COMPLAINTS AGAINST DISCLOSE CERTAINDEFECTS DEFECT IN CONNECTION WITH THE SALE OF PAGE OF 62 USED AUTOMOBILEAND AUTOMOBILES AND TIMELY TRANSFERTITLES TITLE TO PROPERLY USED CAR CARS DURINGITS VIOLATION VIOLATIONS OF THESE COMPLAINTS THE STATE DISCOVEREDSEVERALOTHERPOTENTIAL INVESTIGATION COMPLAINT OFAS 455047 ET SEQ DESCRIBED BELOW AS FOR SEVERALYEARS YEAR UCC PRICEFOR VEHICLE THAT WAS OCCURREDWHEN CONSUMERS CONSUMER THE VEHICLE UCC WAS PARAGRAPHOF THE OF UNAWARE BYCHARGING LOWER ADVERTISEDPRICEPAID THE HIGHER PRICE PROMOTEDFREE 1985 HIGHER PRICEFOR OF THE LOWER PRICE AT THE TIME OF SALE BUT NONETHELESS NONETHELES TO CHARGE CUSTOMER CUSTOMERS PROCEEDED OF CUSTOMER CUSTOMERS THAN THE VEHICLES VEHICLE CURRENTLY ADVERTISED PRICE THIS THI HIGHER AWARE UCC SOME OVERCHARGED CONSENT 10DAYTRIALEXCHANGE PROGRAM IN VIOLATION JUDGMENTUCC ALSO FAILED TO DISCLOSE THAT COULD ONLYEXCHANGE THE VEHICLE FOR ONE OF EQUALOR GREATER VALUE AND THAT PURCHASER THESEVALUES VALUE WOULD HAVE UCC EXCHANGE PROGRAM TO BE NEGOTIATED ON THE REPRESENTED FTC BUYERS GUIDE THAT ITS 10DAY TRIAL BUYER FEDERAL REGULATIONS WARRANTY APPLICABLE REGULATION SPECIFICALLY WAS EXCLUDE TRIALEXCHANGE PROGRAM FROM THE DEFINITION OF PROGRAMS UCC AND NOW PRICE UCC SAME FOR ADVERTISEMENT AQRI ALSO RAN ADVERTISEMENTS NEW AMOUNT PARTICULAR COMPLAINT CONSUMER PL IN DECEPTIVE ENGAGED ADVERTISING PRACTICE PRACTICES BY USINGWAS FORVEHICLES VEHICLE THAT WERE PRICECOMPARISONS COMPARISON VEHICLE WHEN PROTECTIONCLE WARRANTY FOR EXAMPLEUCC BUT WAS NOW NEVER OFFEREDFOR SALE AT THE WAS VEHICLE WOULD REPRESENT THAT MUCH LOWERAMOUNT PAGE TO PRICES PRICE OF 63 THE PRICE OF THE VEHICLE SELLS SELL NEW AS 455047 ARE INCORPORATED HEREINBY REFERENCE THROUGH PARAGRAPHS PARAGRAPH IN THE OF DEFENDANTS DEFENDANT CONDUCT DESCRIBEDHEREINDEFENDANTS DEFENDANT COURSE IN UNFAIR OR DECEPTIVE ACT ACTS ENGAGED VIOLATION OF AS 455047 ET SEQ OR AND PRACTICE PRACTICES UNFAIR METHODS METHOD OF IN COMPETITION SPECIFICALLY BY CONSUMER CONSUMERS CHARGING AN AMOUNT FORMOTOR VEHICLES VEHICLE IN EXCES EXCESS OF THE CURRENTLY ADVERTISEDPRICE FORTHE VEHICLES VEHICLE ITS TRIALEXCHANGE CHARACTERIZING PROGRAM AS FREE FAILINGTO DISCLOSE THE TERM TERMS AND CONDITIONS CONDITION OF ITS TRIAL EXCHANGE PROGRAM AS ENGAGINGIN DECEPTIVE PRICECOMPARISON ADVERTISING DESCRIBED ABOVE THATITS 10DAY MISREPRESENTING TRIAL EXCHANGE PROGRAM IS WRITTENWARRANTY 10 THESE ACT WERE ACTS COMMITTED FORPECUNIARY GAINAND WITH KNOWLEDGE OFPROBABLE ILLEGALITY 15 11 10 ARE INCORPORATED PARAGRAPHTHROUGH PARAGRAPHS BY REFERENCE 12 IN THE COURSE COMPLAINT CONSUMER QI 23012312 USC PROTECTIONCLE OF DEFENDANTS DEFENDANT CONDUCTDESCRIBEDHEREINDEFENDANTS DEFENDANT PAGE OF 64 VIOLATEDTHE 7003 ACT MAGNUSONMOSWARRANTY MAGNUSONMOSS AND 16 4551 15 USC ITSTRIALEXCHANGE BYREPRESENTING PROGRAM AS 11 ARE INCORPORATED HEREIN BY REFERENCE PARAGRAPHTHROUGH PARAGRAPHS 13 IN THE ENTEREDIN CASE NO COURSE OF DEFENDANTS DEFENDANT CONDUCT DESCRIBED HEREIN DEFENDANTS DEFENDANT 1985 CONSENT JUDGMENT AND 171 EACH SUCH VIOLATION ALSO CONSTITUTING SEPARATE 3AN782 UNFAIR TRADEPRACTICE UNDER AS INDEPENDENT 455047 ET SEQ 14 13 ARE INCORPORATED HEREIN BYREFERENCE PARAGRAPHTHROUGH PARAGRAPHS 15 DEFENDANT CONDUCTDESCRIBEHEREIN CONSTITUTES DEFENDANTS CONSTITUTE COMMON LOR INTENTIONALOR EXCES EXCESS OF 50000 DEMAND JUDGMENT DEMANDS DEFENDANT DEFENDANTS PLAINTIFF AGAINST DEFENDANT UCC DEFENDANTS ENJOINING AND ALL WHO ACT TO ENGAGE IN CONTINUING UNDERBY OR AND HOWIE THEM THROUGH FLEECEM PURSUANTTO AS OR ON THEIR BEHALFFROM THE UNLAWFUL CONDUCTALLEGED HEREIN TO AS 4550501B DEFENDANTPURSUANT DEFENDANTS ORDERING OR LAW FRAUD WHICH HAS RESULTEDIN DAMAGE IN NEGLIGENT MISREPRESENTATION DAMAGES WHEREFORE PERSON MONEY WARRANTY 12 AND INTENTIONALLY VIOLATED PROVISIONS OF THE MARCH WILLFULLY PROVISION 4550501A 16 CFR 23012312 WHICH MAY HAVE BEEN PROPERTY MEAN ACQUIRED BY MEANS TO RESTORETO OF THE UNLAWFUL CONDUCT TO SUCH PERSONS HEREINAND WHICH HAS NOT YETBEEN RESTORED ALLEGED PERSON COMPLAINT CONSUMER PROTECTIONCLE PAGE OF 65 ANY TO AS 4550551B AWARDING PLAINTIFF PURSUANT 5000 UP TO MOTOR FOREACHVIOLATIONOFAS 455047 CIVIL OF PENALTIES PENALTIE WITH EACH RETAILSALE BY DEFENDANTS DEFENDANTOF MADE IN EACH ADVERTISEMENT AND EACH VEHICLE EVERY SEPARATE REPRESENTATION VIOLATION FOR WHICH WARRANTY REPRESENTATION CONSTITUTING SEPARATE CIVIL IS PENALTY SOUGHT BYTHE STATE ITS ACTUALREASONABLECOSTS COST AWARDING PLAINTIFF AND FEES FEE ATTORNEY ATTORNEYS AND SUCH ADDITIONAL RELIEF AS GRANTING DATED THI 8TH THIS DAYOF OCTOBER2000 BRUCE ATTORNEY THE COURT MAY DEEM PROPER AT ALASKA ANCHORAGE BOTELHO GENERAL BY CLYDE SNIFFEN JR ASSISTANT ATTORNEY GENERAL STATEOF ALASKA ALASKA BAR NO COMPLAINT CONSUMER UL PROTECTIONCLE PAGE OF 66 9411123 LEMON LAW MATERIAL MATERIALS FEDERAL ODOMETER SAMPLE CONSUMER UI PROTECTIONCLE 2001009 ACT LETTER LETTERS 67 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT 68 BLANK 0Z CONSUMER PROTECTIONCLE 2001009 69 IL TTJ AQ 2ET G3 AN CONSUMER PROTECTIONCLE 70 41 41 41 41 41 ZO CONSUMER 41 PROTECTIONCLE 71 COO 0E FL 00 IT CONSUMER PROTECTIONCLE 009 72 LEMON SAMPLE LAW DEMAND LETTER YOUR NAME YOUR ADDRESS ADDRES ALASKA 995 ANCHORAGE DEALEROR NAME SHOP REPAIR DEALEROR ADDRES ADDRESS REPAIR SHOP ALASKA 995 ANCHORAGE NAME MANUFACTURER ADDRES MANUFACTURER ADDRESS MONTHDAY CITY STATEZIP VIA CERTIFIEDMAIL RE VEHICLE YEAR MAKE MODEL AND VIN RETURN RECEIPT REQUESTED UNDER AS FOR REPLACEMENT REQUEST DEAR DEALER 2001 4545305 ET SEQ MANUFACTURER NONCONFORMITYIE REQUEST REFUNDOF THE ABOVE VEHICLE THE VEHICLEHAS ASEVERALNONCONFORMITYIES WITH THE THE VEHICLEDESCRIBE THE PROBLEMS VEHICLE PROBLEM THE ON NUMBER OFOCCASIONS OCCASION TO HAVE THE DEFECTREPAIRED DESCRIBE ATTEMPTED THE SERVICE DEPARTMENT TO FIX THE CAR AND WHAT THE SERVICE OCCASION UPON WHICH YOU REQUESTED OCCASIONS THE UNFIXED AS OF THE DATE OF THIS THI LETTER DID AND TOLD YOU REMAIN PROBLEM REMAINS PROBLEMS DEPARTMENT HAVE WRITE THIS THI LETTERIN WITH CONFORMITY AS 45453 10 GIVING YOU NOTICE THAT YOU HAVE 60 THE TOTAL THI LETTERTO REFUNDMY MONEY FORTHE ABOVE STATEDVEHICLETO ME DAYSFROM THE DATE OF THIS DAY AND WHAT YOU WILL NEED TO AMOUNT IS STATEENTIREAMOUNT INCLUDING THEAMOUNTS AMOUNT PAIDIN INTEREST MORE OF THIS THI VEHICLEWITHIN CREDITOR YOU ALSOHAVE THE T O ONE OFF OPTION ATTEMPT REPAIR PAY THE 30 DAYS THI LETTER DAY OFTHIS THANK YOU FORYOUR ATTENTIONTO THIS THI MATTER IF YOU HAVE ANY HESITATE TO CALLME AT 907 NUMBER YOURTELEPHONE DO NOT QUESTIONPLEASE QUESTIONS SINCERELY YOUR NAME CC NICHOLA KITTLESON NICHOLAS ESQ CONSUMER PROTECTIONCLE 73 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT 74 BLANK FEDERALSTATUTES STATUTE APPENDIX FEDERAL ODOMETER DEFINITION FROM DEFINITIONS 108 AND AMERICAN SAMOA AND THE DISTRICTCOURT FORTHE ISLAND ISLANDS FORMERLY NORTHERN MARIANA STAT 1049 LEDH WAS BY PUB NO SUPRA FOR DISCUSSIONOFTHERECODIFICATIONCONVERSIONTABLES TABLE TO AND FROM 15 USC STATE DISTRICTCOURT MEANS STATES MEAN DISTRICTCOURT OF STATES UNITED STATES STATE STATE COURT FOR GUAM THE VIRGIN 1901 19811991 THE FEDERALODOMETER ACT 103272 32101 UNITED 13 THE UNITED AND SELECTED 3270132711 15 USC ACT 49 USC SECTION ARE SECTIONS JULY 1994 AT 12 PRINTED SEE 312 INFRA 327 CHAPTER 49 USC ODOMETER ODOMETERS 32701 FURTHERCHANGES AS RESULT OF THE RECODIFICATION WERE MADE CHANGE BY PUB 108 STAT 4380 103429 110 STAT 3394 OCT 104287 102 STAT 111 32705A45 110 JUNE A11 2205 NOV ADDED WERE OCT 31 1994 1996 PUB 20 BYPUB 1997 NO PUB NO NO 105 AND SUBSECTIONS SUBSECTION 105178 112 STAT 1998 TEXT OFTHEACT FINDING AND FINDINGS PURPOSE PURPOSES FIND THAT FINDS INGS ING VEHICLE RELY HEAVILY ON THE ODOMETER BUYEROF MOTOR VEHICLES BUYERS AS AN INDEX OF THE CONDITION AND VALUE OF READING VEHICLE ON THE ODOMETER READING AS BUYERARE ENTITLEDTO RELY BUYERS AN ACCURATE INDICATIONOF THE MILEAGE OF THE VEHICLE AN ACCURATE INDICATION OF THE MILEAGE IN ASSIST BUYER ASSISTS ON THE SAFETY AND RELIABILITY OF THE VEHICLEAND DECIDING MOTOR VEHICLES VEHICLE MOVE IN OR AFFECTINTERSTATE AND FOREIGN COMMERCE 49 USC 32101 IN THI PART EXCEPTCHAPTER THIS 329 AND EXCEPTAS SECTION 33101 MAKE MEAN MEANS SQTHE PURPOSE OF PURPOSES TO PROHIBIT WITH TAMPERING DEFINITION DEFINITIONS WHEN PROVIDEDIN VEHICLE ODOMETERS ODOMETER TO TO PROTECTPURCHASERS IN THE PROVIDE SAFEGUARD SAFEGUARDS PURCHASER SALE VEHICLE WITH ALTERED VEHICLES OR RESET ODOMETERS ODOMETER DESCRIBINGPASSENGERMOTOR VEHICLE 49 USC NAME OF THE MANUFACTURER OF THE VEHICLE MODEL WHEN DESCRIBINGPASSENGERMOTOR VEHICLE VEHICLE BASED CATEGORYOF PASSENGER MOTOR VEHICLES AND TYPEOF MAKE OFVEHICLE SIZE STYLE MEAN MEANS ON THE VEHICLE DRIVEN OR DRAWN BY MECHANICALPOWERAND MANUFACTUREDPRIMARILY FORUSE ON PUB LIC STREETS STREET ROADS DOE NOT INCLUDE VEHICLE ROAD AND HIGHWAYS HIGHWAYBUT DOES ON OPERATED ONLY ARE CHAPTER MOTOR AND OF MOTOR THE TRADE MOTOR VEHICLE THI THIS MEAN MEANS RAILLINE IN THIS THI 32702 DEFINITION DEFINITIONS CHAPTER AUCTION COMPANY MEANS MEAN OF PERSONTAKING POSSESSION MOTOR VEHICLEOWNED BYANOTHERTO SELL AT AN AUCTION DEALER MEANS MEAN PERSONTHATSOLDAT LEAST MOTOR VEHI CLE DURING CLES THE PRIOR 12 MONTHS MONTH TO BUYERS FAITH BUYERTHAT IN GOOD THE VEHICLES VEHICLE OTHERTHANFORRESALE BOUGHT DISTRIBUTOR MEANS MEAN PERSONTHATSOLDAT LEAST MOTOR VEHICLESNEG THE PRIOR12 MONTHS VEHICLE MONTH FORRESALE LEASED MOTOR VEHICLE MEAN STATEOFTHE UNITED STATES 12 STATE MEANS STATE THEDISTRICT OF COLUMBIAPUERTORICO THE NORTHERNMARIANA ISLANDS ISLAND AMERICAN SAMOA AND THE VIRGIN EDITOR NOTE EDITORS DEFINITION RELEVANT TO ODOMETER ACT ONLYDEFINITIONS SEE ALSOAPPX A3 INFRA FORDEFINITIONS DEFINITION RELAT REPRINTED INGTO AUTOMOBILE FRAUD 49 USC 30501 ARE MEAN MEANS MOTOR VEHICLELEASEDTO FOR AT LEAST MONTHS MONTH LESSOR THATLEASEDAT LEAST PERSON BY VEHICLE DURING VEHICLES THE PRIOR12 MONTHS MONTH ODOMETER MEAN MEANS AN INSTRUMENTFOR AND MEASURING THE DISTANCE MOTOR VEHICLEIS DRIVENBUT DOES DOE NOT RECORDING INCLUDE AN AUXILIARY INSTRUMENTDESIGNED TO BE RESET BY THE OF THEVEHICLETO RECORDMILEAGE OF TRIP OPERATOR REPAIR AND REPLACEMEAN TO RESTORETO SOUNDWORK INGCONDITIONBYREPLACING ANY PARTOF AN ODOMETEROR BYCOR RECTING ANY INOPERATIVE PARTOF AN ODOMETER 219 CONSUMER PROTECTIONCLE 75 AUTOMOBILEFRAUD APPX TITLE MEAN MEANS OF TITLEOR OTHERDOCUMENT THE CERTIFICATE TRANSFER MEAN MEANS TO BY SALEGIFT OR CHANGEOWNERSHIP LATION EXCEPTIN THE CASE 32703 OF TRANSFERS TRANSFER OF NEW MOTOR VEHICLE VEHICLES VEHICLEMANUFACTURER TO DEALERAND JOINTLY PERSON IN THE BUSINESS BUSINES OF RENTING OR LEASING VEHICLE FOR VEHICLES ENGAGED OF 30 DAYS LES PERIOD DAY OR LESS FOR PURPOSES MO PURPOSE OF SUBPARAGRAPHTHE TERM FROM MEAN ANY OTHERMEANS 49 USC TRANSFEROF MOTOR THI SUBSECTIONSHALLAPPLY THIS TO ALL TRANSFERS 4A VEHICLE UNLESS VEHICLES UNLESOTHERWISEEXEMPTED BYTHE SECRETARYBY REGU ISSUEDBY THE STATEINDICATING OWNERSHIP PREVENTING TAMPERING TOR VEHICLE MEANS MEAN ANY MOTOR VEHICLE DRIVEN WITH NO MORE THANTHE LIMITED USE NECESSARY IN MOVINGTRANSPORTING OR ROAD ADVERTISEFORSALE SELLUSE INSTALLOR HAVE INSTALLED TESTING SUCHVEHICLEPRIOR TO DELIVERY FROM THE VEHICLEMANUFAC DEVICE THAT MAKES MAKE AN ODOMETER OF MOTOR VEHICLE REGISTER TURER TO DEALER OF BUT IN NO EVENT SHALLTHE ODOMETERREADING PERSON MAY NOT DIFFERENTFROM THE MILEAGETHE VEHICLEWAS DRIVEN AS MILEAGE TOLERANCEOF BY THE ODOMETERWITHIN THE DESIGNED REGISTERED SUCHVEHICLEEXCEED 300 MILES MILE THE MANUFACTURER OF THE ODOMETER VEHICLE AS THESECRETARY VEHICLES MQS THE OF CLASSE OR CATEGORIES MAY EXEMPTSUCHCLASSES SECRETARY CATEGORIE FROM THESEREQUIRE APPROPRIATE DISCONNECTRESET ALTEROR HAVE DISCONNECTED RESET OR MENT MENTS UNTIL SUCHTIME AS THE SECRETARY AMEND OR MODIFIES AMENDS MODIFIE MOTOR VEHICLE INTENDING TO CHANGE THE REGULATIONS ALTERED AN ODOMETER OF SET FORTHIN 49 CFR SUCH 5806 REGULATION REGULATION REGULATIONS THE MILEAGE SHALLHAVE FULLFORCEAND EFFECT REGISTERED BYTHEODOMETER STREET WITH INTENT TO DEFRAUD OPERATE MOTOR VEHICLE ON IF THEPERSONKNOWS KNOW THATTHE ODOMETER ROADOR HIGHWAY OR OPERATING TO VIOLATETHIS THI SECTIONOR SECTION32704 CONSPIRE OR NOT OF THE VEHICLEIS DISCONNECTED OR 32705 OF THIS THI TITLE 49 USC STATEMENT REQUIREMENT FOR IC MILEAGE MOTOR VEHICLETHE OWNERSHIP OF WHICH IS TRANSFERRED MAY NOT BE LICENSEDFORUSE IN UNLES THE TRANSFEREEIN SUBMIT STATE UNLESS AN APPLICATION TO STATEFORTHE TITLEON WHICH THE LICENSE TING INCLUDE WITH THE APPLICATION THE TRANSFERORS TRANSFEROR ISSUEDINCLUDES WILL BE 32704 TITLEAND IF THAT TITLECONTAINS CONTAIN THE SPACE REFERREDTO IN PARA OF THIS THI SUBSECTION STATEMENT SIGNED AND GRAPH 3AIII AND REPLACEMENT SERVICEREPAIR DATED BY THE TRANSFEROR OF THE MILEAGE DISCLOSUREREQUIRED UNDER SUBSECTION ADJUSTING PERSON MAY AN ODOMETEROF REPLACE SERVICEREPAIROR MOTOR VEHICLEIF THE TEREDBY THE ODOMETERREMAINS REMAIN THE SAME AS MILEAGE REGI REGIS NOT BEFORETHESERVICE CANNOT REMAIN THE SAME IF THE MILEAGE REPAIROR REPLACEMENT THE PERSONSHALLADJUST THE ODOMETER TO READ ZERO AND THE OWNER APPLYTO OF THE VEHICLE OR AGENTOF THE OWNER SHALL OF THIS THI SECTION THIS THI TRANSFER OF OF OWNERSHIP DOE NOT DOES PARAGRAPH MOTOR VEHICLE THAT HAS BEEN LICENSEDBEFORE THE TRANSFER UNDER 2A TITLE TO MOTOR IF THE REGULATION REGULATIONS PRESCRIBED BYTHE SECRETARY VEHICLE ISSUED TO TRANSFEROR BY STATE IS IN THE POSSESSION OF LIENHOLDERWHEN THE TRANSFEROR TRANSFERS TRANSFER OF THE VEHICLETHE OWNERSHIP TRANSFEROR MAY USE WRITTEN THE MILE IF ALLOWED BY STATELAW IN MAKING POWEROF ATTORNEY REPLACEAGE DISCLOSUREREQUIRED UNDER SUBSECTION OF THIS THI SECTION WRITTEN NOTICE TO THE LEFTDOOR FRAME OF THE VEHICLE ATTACH THE MILEAGE BEFORETHE SERVICEREPAIR OR SPECIFYING MENT AND THE DATE OF THE SERVICE REPAIR OR REPLACEMENT NOTICEA REMOVINGOR ALTERING PERSON MAY NOT WITH INTENTTO DEFRAUD REMOVE OR ALTER NOTICEATTACHEDTO MOTOR VEHICLE AS REQUIRED THI SECTION BY THIS UNDER THIS THI PARAGRAPH REGULATIONS REGULATION PRESCRIBED SHALLPRESCRIBE THE FORMOF THE POWEROF ATTORNEY SHALLPROVIDE THAT THE FORM BE SECURE PRINTING PROCES OR OTHER SECURE PROCESS MEAN PRINTED BY MEANS PROCES PROCESS OF SHALLPROVIDE THATTHE STATE ISSUE THE FORM TO THE TRANS TRAN 49 USC 32705 DISCLOSURE REQUIREMENTS ON REQUIREMENT TRANSFEROF MOTOR VEHICLES VEHICLE DISCLOSURE REQUIREMENTSUNDER A1 REGULATION REGULATIONS PRE THAT INCLUDE THE SCRIBEDBY THE SECRETAZY OF TRANSPORTATION THI WAY IN WHICH INFORMATIONIS DISCLOSEDAND RETAINEDUNDER THIS OF MOTOR VEHICLE SECTION PERSON TRANSFERRING OWNERSHIP FEREE SHALLPROVIDE THAT THE PERSON EXERCISING THE POWER OF RETAIN COPYAND SUBMIT THE ORIGINAL TO THE STATEWITH ATTORNEY THE RESTATEMENT OFTHE MILEAGE COPYOFTHE TITLESHOWING THAT THE STATERETAINTHE POWEROF ATTORNEY MAY REQUIRE AND COPY OF THE TITLEFOR AN APPROPRIATE OR THAT THE PERIOD STATE ADOPT ALTERNATIVE MEASURE MEASURES CONSISTENT WITHSECTION 3270 1B OF THIS THI TITLE SHALLGIVE THE TRANSFEREE THE FOLLOWING WRITTENDISCLOSURE DISCLOSUREOFTHE CUMULATIVEMILEAGE ON THE REGISTERED DISCLOSEDON THE POWEROF ATTORNEY DOCUMENT ODOMETER VI DISCLOSURETHAT THE MILEAGE IS UNKNOWNIF THE TRANS TRAN FERORKNOWS KNOW THAT THE ODOMETER READING IS DIFFERENTFROM THE NUMBER OFMILES MILE THE VEHICLEHAS ACTUALLY TRAVELED THE COSTS COST TO THE STATE CONSIDERING THATTHE MILEAGE AT THE TIME OF TRANSFER BE SHALLENSURE SHALL ENSURE THATTHE MILEAGE BE RESTATED EXACTLY BYTHE THE POWER OF ATTORNEYIN THE SPACE REFERRED PERSONEXERCISING TO IN VI OF THIS THI SUBSECTION PARAGRAPH IIH THAT MOTOR VEHICLEBE MAY NOT REQUIRE OF MOTOR VEHICLE MAY PERSONTRANSFERRING OWNERSHIP SECTIONOR GIVE NOT VIOLATE REGULATION UNDER THI THIS PRESCRIBED STATE IN WHICH THE POWER OF ATTORNEY WAS ISSUED FALSESTATEMENT TO THE TRANSFEREE IN MAKING THE DISCLOSURE RE QUIRED BYSUCH REGULATION TRANSACTION IN THE SAK TRANSACTIONS MOTOR VEHICLE FORRESALEMAY NOT PERSONACQUIRING UNLES IT IS COMPLETE UNDER THIS THI SECTIONUNLESS ACCEPT DISCLOSURE CONSUMER PROTECTIONCLE 2001009 IX TITLEDIN THE SHALLCONSIDERTHENEED TO FACILITATENORMALCOMMERCIAL OR OF EXCHANGE MOTOR AND VEHICLES VEHICLE SHALLPROVIDE OTHERCONDITIONS CONDITION THE SECRETARY CONSIDER CONSIDERS APPROPRIATE SECTION 32709A AND SECTIONS APPLIETO PERSONGRANTING APPLIES OR GRANTED UNDER THIS THI PARAGRAPH POWER OF ATTORNEY 76 APPXAJ1 FEDERALSTATUTE STATUTES MOTOR VEHICLE THE 3A OF WHICH OWNERSHIP IS TRANS TRAN STATE UNLESS UNLES THE TITLE FERREDMAY NOT BE LICENSEDFORUSE IN ISSUEDBYTHE STATETO THETRANSFEREE TIME STATEREQUIRES REQUIRE MEAN OF SECURE PRINTING PROCES OR PROCESS PRODUCED BY MEANS PROCES PROCESS DISCLOSURE REQUIRED TO BE MADE INDICATE THE MILEAGE INDICATES IS OTHERSECURE II UNDERSUBSECTION SHALLASSIST THE STATE IN STATE REQUESTS REQUEST THESECRETARY OF THIS TO WITH SUBSECTION THI SECTION IF ITSLAWS LAW REVISING COMPLY IF ABLE THE TO DISCLOSE CONTAIN ILL CONTAINS SPACE FORTHE TRANSFEREE MILEAGEAT THE TIME OF FUTURE TRANSFER AND TO SIGNAND DATE 1989 TO REVISE ITS LAWS LAW THE FEDERAL REGISTER THE NOTICE NOTICE IN BY PUBLISHING LQL INCLUDE THE OF THIS THI SECTION AND BEYOND APRIL28 ON REQUESTOF THE STATE THE SECRETARY ACHIEVE COMPLIANCE CONSIDER REASON CONSIDERS TIME THATTHE ADDITIONAL SECRETARY MAY GRANT TO THE ADDITIONAL TIME FOR GRANTING REASON REASONS ADDITIONAL TIME THE SECRETARYSHALLENSURE GRANTING STATE IS MAKINGREASONABLE 49 USC 32706 EFFORT TO ACHIEVE EFFORTS IN THAT THE COMPLIANCE THEDISCLOSURE DOE DOES SUBPARAGRAPHOF THE PARAGRAPH NOT REQUIRE THE MILEAGE STATETO VERIFYOR PRECLUDESTATE FROM VERIFYING INFORMATIONCONTAINEDIN THE TITLE LEASEDMOTOR FOR LEASED MOTOR VEHICLE1 UNDER SUBSECTION THE REGULATIONS REGULATION PRESCRIBED SHALLREQUIRE TQT THE LESSEE TO THE LESSORWHEN THE OF THIS THI SECTION TO MILEAGE BE MADE THATVEHICLE THE LESSORSHALLPROVIDE WRITTEN UNDER THOSE RECORD RECORDS VEHICLE BY OF LESSORTRANSFERS TRANSFER OWNERSHIP ABOUT DISCLOSURE AND INVESTIGATION INVESTIGATIONS INSPECTIONS INSPECTION NOTICE TO THE LESSEEOF TO INSPECT AND AUTHORITY TO SEC OF TRANSPORTATION TION 32707 OF THIS THI TITLE THE SECRETARY MAY CONDUCTAN INSPECTION OR INVESTIGATION NECESSARY TO CARRY OUT OR ORDERISSUED UNDER THI CHAPTER THIS OR REGULATION PRESCRIBED THI CHAPTER THIS THE SECRETARY SHALLCOOPERATEWITH STATEAND LO IN CONDUCTING AN EXTENT POSSIBLE CALOFFICIALS OFFICIAL TO THE GREATEST OR INVESTIGATION THE SECRETARY MAY GIVETHE ATTOR INSPECTION THI CHAPTER OR THI SUBSECTION AND NEY GENERALINFORMATIONABOUT VIOLATIONOF THIS PARAGRAPHOF THIS UNDER THI THIS THE PENALTIES FORFAILURE TO WITH THOSE OR ORDER ISSUED REQUIRE REGULATION CHAPTER PENALTIE COMPLY PRESCRIBED MENT MENTS ENTRY INSPECTIONAND IMPOUNDMENT1 IN CARRYING DISCLOSUREMADE BY LESSEE OUT SUBSECTION OF THIS THI SECTION AN OFFICEROR EMPLOYEE THE LESSORSHALLRETAIN THE DISCLOSURES DESIG CREDENTIAL AND FORAT LEAST YEARS ON DISPLAY OF PROPER CREDENTIALS UNDERPARAGRAPHOFTHIS THI SUBSECTION YEAR FOLLOW NATED BY THE SECRETARY IN CHARGE MAY TRANSFERSTHE LEASEDMOTOR VEHICLE TRANSFER WRITTEN NOTICE TO THE OWNER OPERATOROR AGENT INGTHE DATE THE LESSOR WHICH MO COMMERCIAL PREMISES IN IF THE LESSOR TRANSFERSOWNERSHIP TRANSFER OF LEASEDMOTOR VEHI ENTER AND INSPECT PREMISE HELD THE IN VEHICLE IS MANUFACTURED CLEWITHOUT OBTAINING OF THE VEHICLE LESSOR TORVEHICLE OR MOTOR EQUIPMENT POSSESSION OF THIS THI SEC FOR SHIPMENT OR SALE MAINTAINED OR REPAIRED MAKINGTHE DISCLOSURE REQUIRED BY SUBSECTION DISCLOSEDBY THE ENTER AND INSPECT NONCOMMERCIALPREMISES PREMISEIN WHICH THE TION MAY INDICATE ON THE TITLE THE MILEAGE LESSOR IS MOTOR VEHICLEOR MO OF THI THIS SUBSECTION UNLES UNLESS THE BELIEVE BELIEVES THERE LESSEEUNDER PARAGRAPH SECRETARY REASONABLY UNDER THE LESSEES LESSEE MILEAGE DISCLOSURE REQUIREMENT REQUIREMENTS TO HAS REASON DOE BELIEVE THAT THE DISCLOSURE BY THE LESSEE DOES NOT OF THE VEHICLE REFLECT THE ACTUALMILEAGE OF SUBSECTIONS SUBSECTION REQUIREMENT REQUIREMENTS VEHICLE THE DISCLOSURE OF MOTOR EQUIPMENTTHAT IS AN OBJECTOF VIOLATION OF THIS THI CHAPTER STATE ALTERNATE VEHICLE DISCLOSURE AND VEHICLE TOR REQUIREMENTSTHE OF THIS THI SECTIONON C1 MILEAGEWHEN MOTOR VEHICLE VEHICLE OR MOTOR THAT MOTOR INSPECT EQUIPMENT AND VEHICLE VEHICLES IMPOUNDFOR NOT HOUR FOR THAN 72 HOURS MORE INSPECTION THAT THE SECRETARY IN STATEUNLESS UNLES THE STATE HAS MOTOR VEHICLEOR MOTOR VEHICLEEQUIPMENT TRANSFERRED OR LEASEDAPPLY VIOLATIONOF THIS THI CHAPTER BELIEVE IS AN OBJECT BELIEVES OF IN EFFECT ALTERNATE MOTOR VEHICLEMILEAGEDISCLOSUREREQUIRE REASONABLY ARE MENT MENTS SHALL APPROVE THE SECRETARY BY THE SECRETARY APPROVED SUB ALTERNATE MOTOR VEHICLEMILEAGEDISCLOSURE REQUIREMENT REQUIREMENTS AN OR INSPECTION IMPOUNDMENTUNDER THI THIS REASONABLEWAY REASONABLETIME IN SHALLBE CONDUCTEDAT DECIDE THAT THE REQUIRE AND WITH REASONABLEPROMPTNESS DECIDES MITTED BY STATEUNLESS UNLES THE SECRETARY PROMPTNES THE WRITTEN NOTICE MAY THI TITLE WITH THE PURPOSE OF THE DISCLOSURE SIST OF WARRANT ISSUEDUNDER SECTION32707 OF THIS MENT MENTS ARE NOT CONSISTENT REQUIRED BY SUBSECTION AUCTION OR AS THE CASE MAY BE MOTOR VEHICLEIS SOLDAT AN AUCTION SALESIF REASONABLE THE IOUQWHE OF THIS THI TITLEOR MOTOR VEHICLEEQUIPMENT SHALLPAY OFTHIS THI SECTIONTHESECRETARY TER SALE REASONABLE TO THE OWNER COMPENSATION THE NAME OFTHE MOTOR VEHICLE OF THE OF THE BUYER AND THE NAME THEAUCTION COMPANY EXCEPT OF UNDER CHAP REQUIRED OR REDUCTION IN VALUE OF THE VEHICLE 331 OF THIS THI TITLE TOOKPOSSESSION OF THE MOTOR VEHICLE EQUIP OR EQUIPMENT TO DECIDE SECRETARY WHETHER TO THE TRANSFER OF OF THIS THI SECTIONAPPLY MOTOR VEHICLE AFTER 1989 PROTECTIONCLE DEALER OR DISTRIBUTOR IS COM AND ORDERS ORDER PRESCRIBED REGULATIONS REGULATION THE REQUIRE DEALER THI CHAPTER THESECRETARY ISSUEDUNDERTHIS MAY OR AS AND REVISION OF STATE LAW1 EXCEPT APPLICATION SUBSECTION BE SUBSECTIONS IN PARAGRAPHOFTHIS THI SUBSECTION PROVIDED CONSUMER THE WITH THIS THI CHAPTER AND PLYING THE ODOMETER READING ON THEDATE THE AUCTIONCOMPANY APRIL28 OF THE VEHICLEOR RESULTIN DENIAL OF USE RESULTS MENT IF THEINSPECTION OR IMPOUNDMENT RECORD AND INFORMATIONREQUIREMENTS1TO ENABLE RECORDS THE VEHICLE IDENTIFICATIONNUMBER OR 135 CHAPTER UNDERSUBSECTION B1D MOTOR VEHICLE TER 301 SECRETARY IMPOUND IMPOUNDS TO SUBCHAP FORINSPECTION MOTOR VEHICLE EXCEPT VEHICLESUBJECT THE AUCTIONSHALL MAINTAIN THE AUCTION COMPANY CONDUCTING THE FOLLOWING RECORDFORAT LEAST YEARS RECORDS YEAR AFTERTHE DATE OF THE OF THEMOST RECENT OWNER CON DISTRIBUTOR RECORD KEEPRECORDS INFORMATIONFROMTHOSERECORDS RECORD IF THE SECRE PROVIDE AND IDEN THE INFORMATION STATE THEPURPOSEFORREQUIRING STATES TARY AND EXTENT PRACTICABLE TIFIE THE INFORMATIONTO THE FULLEST TIFIES TO TO 77 APPL 11 AUTOMOBILEFRAUD TO ALLOWAN OFFICEROR TO EMPLOYEE DESIGNATED BYTHE SEC PURPOSESTATEDIN THE WARRANT AND WHEN APPROPRIATE THE PROPERTY IN THE WARRANT RELEVANTRECORDS RECORDOF THE DEALEROR DISTRIBUTOR INSPECT POUND SPECIFIED THE HOURS THI SUBSECTIONAND SUBSECTIONE1B THIS OF THIS THI SECTION DIRECTTHATTHEWARRANT BE SERVEDDURING HOUR SPEC DO NOT AUTHORIZETHE SECRETARY TO REQUIRE DEALEROR DISTRIBU IFIED IN THE WARRANT AND IS NAME THEJUDGE OR MAGISTRATE WITH WHOM PROOF OF SER TOR TO PROVIDE INFORMATIONON PERIODIC REGULAR TO LYH ACTION TO ENFORCE ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS VICE IS TO BE FILED IN CARRYING OUT THIS THI CHAPTER THE SECRETARY MAY AND RECORDOF RECORDS AT REASONABLE ANY PERSON INSPECT COPY TIME TIMES WARRANT UNDER THIS THI SECTION IS NOT OR THEOWNER OPERATOR AGENTIN WHEN REQUIRED OF THE PREMISES CHARGE PREMISE CONSENT CONSENTS ANSWER TO REPORTOR ANSWERS PERSON TO FILE WRITTEN REPORTS OR ANSWER ANSWERS UNDER OATH SPECIFIC QUESTION INCLUDING QUESTIONS REPORT REPORTS AND IT IS REASONABLETO BELIEVE THATTHE MOBILITY OF THE MOTOR ORDER VEHICLETO BE MAKE IT IMPRACTICAL MAKES TO OBTAIN INSPECTED WAR RANT CONDUCTHEARINGS AND AN APPLICATION FOR WARRANT CANNOT BE MADE BECAUSEOF OATH TAKETESTIMONY HEARING ADMINISTEROATHS OR OTHERWISE THE APPEARANCEAND TESTI AN EMERGENCY REQUIRE BY SUBPENA WITNESSE AND THEPRODUCTION OFRECORDS RECORDTHESECRETARY RECORDARE TO BE INSPECTED AND COPIED UNDER SECTION MONY OFWITNESSES OF THIS THI TITLEOR CONSIDER ADVISABLE CONSIDERS EQ1 WITNES SUMMONED UNDERTHIS WITNESS THI SUBSECTION IS ENTITLEDTO WARRANT IS NOT CONSTITUTIONALLY REQUIRED THE SAME FEEAND MILEAGE THEWITNESS WITNES WOULDHAVE BEEN PAIDIN SERVICE AND IMPOUNDMENTOF PROPERTY1 WARRANT OF SERVICE COURT OF THE UNITED STATES STATE ISSUED UNDERTHIS THI SECTIONMUST BE SERVEDAND PROOF OR ORDEROF THE FILEDNOT LATERTHAN 10 DAYS CIVIL ACTION TO ENFORCE SUBPENA DAY AFTERITS ISSUANCE DATE THE JUDGE UNDER THIS THI SUBSECTION IN THE UNITED OR MAGISTRATE SECRETARY MAY BE BROUGHT MAY ALLOWADDITIONAL TIME IN THE WARRANT IF THE STATE DISTRICTCOURT FORANY JUDICIAL STATES DISTRICTIN WHICH THE PRO OF TRANSPORTATION DEMONSTRATE DEMONSTRATES NEED FOR ADDI SECRETARY IS CONDUCTEDTHE COURT MAY PUNISH TIONAL TIME PROOFOF SERVICE MUST BE FILED PROMPTLY WITH CEEDING BYTHESECRETARY FAILURETO OBEYAN ORDEROF THE COURT TO COMPLY WITH THE SUB WRITTENINVENTORY OF THE PROPERTY UNDER THE WAR IMPOUNDED AS OF COURT RANT THE THE OF THE OR ORDEROFTHE SHALLBE MADE IN INDI CONTEMPT INVENTORY PENA SECRETARY PRESENCE PROHIBITIONSA THE WARRANT AND THE INDIVIDUAL FROMWHOSE POS RECORD VIDUAL SERVING PERSON MAY NOT FAIL TO KEEPRECORDS REFUSEACCESS ACCES TO OR COPYING OF RECORDS SESSIONOR PREMISES WAS IMPOUNDED OR IF THAT RECORDFAIL TO MAKE REPORTS REPORTOR PREMISETHE PROPERTY FAILTO ALLOW OR INSPECTION OR FAILTO INDIVIDUAL IS NOT PRESENT CREDIBLEINDIVIDUAL EXCEPT THE INDI INFORMATION PROVIDE AS UNDER THI THIS SECTION VIDUAL THE THE INDIVIDUAL PERMIT IMPOUNDMENT REQUIRED MAKING INVENTORY SERVINGTHE WAR RANT SHALLVERIFY THE INVENTORY ON REQUESTTHEJUDGE OR MAGIS MAGI SHALLSEND TO THE INDIVIDUAL FROM COPY OF THE INVENTORY WHOSE POSSESSION OR PREMISES WAS PREMISETHE PROPERTY IMPOUNDED TRATE 49 USC 32707 WARRANT ADMINISTRATIVE WARRANTS AND DEFINITIONLN THI SECTION THIS CAUSE MEAN MEANS ENFORCEMENTOF THIS THI CHAP VALID PUBLICINTERESTIN THE EFFECTIVE TER OR THI THIS SUFFICIENT TO UNDER REGULATION PRESCRIBED CHAPTER THE INSPECTION OR IN THE CIRCUMSTANCES CIRCUMSTANCE JUSTIFY IMPOUNDMENT THI SECTION STATEDIN AN APPLICATION FOR WARRANT UNDERTHIS AS PRO WARRANT REQUIREMENT AND Q1H EXCEPT VIDED IN PARAGRAPH OF THIS AN INSPECTION OR IM THI SUBJECTION BE UNDER SECTION32706 OF THI THIS TITLE CARRIED MAY POUNDMENT OUT ONLY AFTER WARRANT IS OBTAINED OF COURT OF THE UNITED STATES STATE OR STATECOURT JUDGE OF RECORDOR UNITED STATES STATE MAGISTRATE MAY ISSUE WARRANT FORAN INSPECTION UNDERSECTION32706 OF THIS THI OR IMPOUNDMENT TITLEWITHIN THE TERRITORIAL OF THE COURT OR JURISDICTION MAGI MAGIS TRATE THE WARRANT MUST TO THE APPLICANT FOR THE WARRANT WHEN PROPERTYIS IMPOUNDED UNDER VIDUAL SERVING THEWARRANT SHALL OR PREMISES GIVETHEPERSON FROMWHOSE POSSESSION PREMISETHE PROPERTYWAS IMPOUNDEDCOPY OF THE WARRANT AND RECEIPT FORTHE PROPERTYOR LEAVETHE COPY AND RECEIPT AT THE PLACE FROM WHICH THE PROPERTYWAS IMPOUNDED THE JUDGE OR MAGISTRATE SHALLFILETHE WARRANTPROOF OF DOCUMENT FILED ABOUT THE WARRANT WITH THE SERVICE AND ALLDOCUMENTS CLERKOFTHE UNITED STATES STATE DISTRICTCOURT FOR THELH DISTRICT IN WHICH THE INSPECTION IS MADE 49 USC BE BASED ON AN AFFIDAVITTHAT WARRANT THE INDI OF INFORMATION CONFIDENTIALITY 32708 ESTABLISHE PROBABLE ESTABLISHES CAUSE TO ISSUETHEWARRANTAND IS SWORN TO BEFORETHEJUDGE OR OR BY AN MAGISTRATE OFFICER WHO KNOWS KNOW THE FACTS FACT ALLEGED IN THE AFFIDAVIT EMPLOYEE THE OR MAGISTRATE SHALLISSUE THE WARRANT WHEN JUDGE THEJUDGE OR MAGISTRATE DECIDE THEREIS REASONABLEBASIS DECIDES BASI FOR THATPROBABLE CAUSE EXISTS EXIST TO ISSUETHE WARRANT THE BELIEVING GENERALINFORMATION OBTAINEDBYTHESECRETARY OFTRANS TRAN THI CHAPTER THIS RELATEDTO CONFIDENTIALMATTER REFERRED TO IN SECTION1905 OFTITLE18 MAY BE DISCLOSEDONLY TO ANOTHEROFFICEROR EMPLOYEE OF THE UNITED STATES STATE UNDER PORTATION GOVERNMENT FORUSE IN WARRANT MUST IN THE PREMISES OR MOTOR VEHICLETO BE IDENTIFY PREMISEPROPERTY AND THE ITEMS TO BE IMPOUNDED ITEM OR TYPEOF PROPERTY INSPECTED STATE THE PURPOSEOF THEINSPECTION THE BASIS BASI FOR ISSUING THE WARRANT AND THE NAME OUT THIS THI CHAPTER OR CARRYING UNDER THIS THI CHAPTER PROCEEDING INFORMATION WITHHOLDING TEE OF CONGRESS AUTHORIZEDTO HAVE THE INFORMATION CONGRES OF THE AFFLANT DIRECTAN INDIVIDUAL AUTHORIZEDUNDERSECTION32706 OF THI TITLETO THIS OR THE PREMISES INSPECT PREMISEPROPERTY CONSUMER PROTECTIONCLE VEHICLEFORTHE 2001009 FROM LQHISH DOE NOT AUTHORIZEINFORMATIONTO BE WITHHELDFROM DOES 78 SECTION COMMIT STATUTES FEDERALSTATUTE 49 USC 32709 PENALTIE AND ENFORCEMENT PENALTIES 49 USC 32710 CIVIL ACTIONS ACTION BYPRIVATE PERSON VIOLATE THIS THI CHAPTER VIOLATION AND AMOUNT OF IM PERSON THATVIO PERSON THATVIOLATES ORDER ISSUEDUNDERTHIS THI IS LATE LATES THI THIS OR OR ORDERISSUED CHAPTER CHAPTER REGULATION PRESCRIBED REGULATION PRESCRIBED CIVIL NAL OR OR OF LIABLE TO THE UNITED STATE STATESGOVERNMENT FOR CIVIL PENALTY VIOLATION NOT MORE THAN 2000 FOREACH VIOLATION SEPARATE TIME UNDERTHIS THI CHAPTER WITH INTENTTO DEFRAUD IS LIABLEFOR TIMES THEACTUALDAMAGES DAMAGEOR 1500 WHICHEVERIS THE GREATER CIVIL IONS ION FOREACH MOTOR VEHICLEOR DEVICE INVOLVEDIN THEVIOLA PERSON MAY BRING CIVIL ACTION TO FOR RELATED ENFORCE CLAIM UNDER THI THIS SECTION IN AN APPROPRIATE UNITED TION THE MAXIMUM PENALTY UNDERTHIS THI SUBSECTION STATE DISTRICTCOURT OR IN ANOTHERCOURT OF COMPETENTJURISDIC STATES SERIE OFVIOLATIONS SERIES VIOLATION IS 100000 OCCUR OCCURS NOT LATERTHAN YEARS THE SECRETARY OF TRANSPORTATION SHALL IMPOSE CIVIL TION THE ACTION MUST BE BROUGHT YEAR AFTER REASON UNDERTHIS THI SUBSECTIONTHE ATTORNEY GENERALSHALLBRING THE CLAIM ACCRUES ACCRUE THE COURT SHALLAWARD COSTS COST AND PENALTY WHEN IS ENTERED CIVIL ACTION TO COLLECT THE PENALTY BEFORE REFERRING ABLE FEE TO THE ATTORNEY ATTORNEYS PERSON JUDGMENT PENALTY CLAIM TO THE ATTORNEY GENERAL THE SECRETARY MAY THE AMOUNT OF THE PENALTY BEFORE COMPROMISING THEAMOUNT OF THE PENALTY THE VIOLATIONAN SHALLGIVE THE PERSONCHARGED WITH SECRETARY TO ESTABLISHTHAT THE VIOLATION DID OPPORTUNITY FORTHATPERSON 49 USC 32711 TO STATE LAW RELATIONSHIP NOT OCCUR WITH THIS THI TO THE EXTENT THATSTATELAW IS INCONSISTENT EXCEPT THI THIS DOE DOES NOT CHAPTER CHAPTER AFFECT STATE LAW ON DISCONNECTING OR TAMPER THE NATURE CIRCUMSTANCES OF THE ALTERING CIRCUMSTANCE EXTENT AND GRAVITY INGWITH AN ODOMETERWITH INTENTTO DEFRAUDOR VIOLATION WITH THATLAW WITH RESPECTTO THE VIOLATORTHE DEGREE OFCULPABILITY EXEMPT PERSON FROM COMPLYING OF PRIOR TO PAY AND ANY EFFECT VIOLATIONTHE ABILITY VIOLATIONS ANY HISTORY ON THE ABILITY TO CONTINUEDOING BUSINES AND BUSINESS 2H CONVERSION TABLE THAT JUSTICE OTHER MATTERS MATTER REQUIRE REQUIRES CRIMINAL LTY THAT AND WILL PERSON LYH LATE THI CHAPTER THIS OR OR ORDER FULLY REGULATION PRESCRIBED A121 15 USC SECTION TO 49 USC SECTIONS SECTION SECTIONS SHALLBE FINED UNDERTITLE18 IMPRIS ISSUEDUNDERTHIS THI CHAPTER IMPRI IN DETERMINING THE AMOUNT OF CIVIL PENALTY UNDERTHIS THI THE SECRETARY SHALLCONSIDER SUBSECTION THAN MORE YEAR OR BOTH IF THE PERSONIS YEARS THE OF THI SUBSECTIONALSO APPLY TO CORPORATIONPENALTIES PENALTIE THIS ONED FOR RH WHO KNOW OR INDIVIDUALAGENTOF CORPORATION DIRECTOR OFFICER AN ACT IN AND WILLFULLY AUTHORIZEORDERS AUTHORIZES ORDER OR PERFORMS PERFORM INGLY OR ORDER VIOLATIONOF THIS THI CHAPTER OR PRESCRIBED REGULATION TO PENALTIES ISSUEDUNDERTHIS THI CHAPTER WITHOUTREGARD PENALTIE IMPOSED 15 USC 49 USC 1981 32701 1981 1ST SENTENCE 1981 32701A LASTSENTENCE 3270 1B 19821 327022 19822 19823 19824 327023 327025 327026 327028 THE DEFENDANT IS FOUNDRESIDES DOE BUSINESS BUSINES PROCESS PROCES IN RESIDE OR DOES THE ACTIONMAY BE SERVEDIN ANY OTHERJUDICIAL DISTRICT IN WHICH 19825 19826 19827 19828 THE DEFENDANTRESIDES RESIDE OR IS FOUND 1983 327021 327031 1984 327032 1985 327033 1986 327034 1987 32704 1988A STATEMENTS STATEMENT IOIATINGH RULE RULES 1988C 1988D AB 32705A 32705A 32709A 32709B 32705A 32705B1 1988D 32705B2 1988D2 05B 1988E 32705C 32705D 32705E ON THE CORPORATION GEN CIVIL ACTIONS ACTION BY ATTORNEY LTHE ATTORNEY ERAL MAY BRING CIVIL ACTION TO ENJOINVIOLATIONOF THIS THI CHAP TER OR OR ORDERISSUEDUNDERTHIS THI CHAP REGULATION PRESCRIBED THE ACTION MAY BE BROUGHT IN THE UNITED STATES STATE DISTRICT OR COURT FORTHEJUDICIAL DISTRICTIN WHICH THEVIOLATIONOCCURRED TER THE ACTIONMAY FOR SUBPENA DISTRICT BE SERVEDIN ANY JUDICIAL VIOLATE WHEN PERSONVIOLATES OR ORDERISSUEDUNDER REGULATION PRESCRIBED ACTION ACTIONS THI CHAPTER THIS OR WITNES IN WITNESS BY STATES1 THI CHAPTER THIS THE CHIEFLAW ENFORCEMENTOFFICEROF THESTATEIN WHICH THEVIOLATIONOCCURS OCCUR MAY TO BRING CIVILACTION OR ENJOINTHE VIOLATION TO RECOVER UNDER SECTION32710 AMOUNT AMOUNTS FORWHICH THE PERSON IS LIABLE OF THIS THI TITLE FOREACH PERSON ON WHOSE BEHALFTHEACTIONIS BROUGHT AN ACTION UNDER THIS THI SUBSECTIONMAY BE BROUGHT IN AN UNITED STATES STATE DISTRICTCOURT OR IN STATECOURT OF APPROPRIATE NOT LATER THE ACTION MUST BE BROUGHT COMPETENTJURISDICTION THAN YEAR ACCRUE YEARSAFTERTHE CLAIM ACCRUES 327027 327024 LSEH 1988F 1988G 223 CONSUMER PROTECTIONCLE 79 AUTOMOBILEFRAUD APPI ISUSC CQ SC SC 1988NOTE 1989A1 1989A2 32705F 32705 B2 1Q0 BH 32709C 32709D 32709A 32709C 32709B 32706A 32705B3 32705C 32705D 32705E 32705F 32706A BH 32706C 1988D2 1988E 1988F 1988G 32706B CH DH 32706E1 1990DB 32706D 32706E1 32706E3 32706E2 32706E2 32706E3 32706F 32707A 32707B1 32707B2 32707B2 32707B3 1990 1990A 1990B 1990C 1990DA1 1990DA2 1988 NOTE 1990DA1 1990DA2 1990DA3 32707C1 32707C2 32707C2 07C 1990DC 1990DC5 1990DC4 0DF 1990EB1 LASTSENTENCE 1990EABEFORE1ST COMMA 0EB 1ST SENTENCE 1990EB2 1ST SENTENCE 1990EB22D LAST SENTENCE SENTENCES 1990EAAFTER1STCOMMA 3DLAST LSTQH SENTENCE SENTENCES 1990EB3 2D SENTENCE 1990EB4 1990EB4 32707C3 32708 1990DD 1990F 32706F 32709A 1991 32711 32709B 1988BVIOLATING LES 1988BVIOLATING RULES 1990C RULE 1990DA3 1990DB 1990DC13 1990DC4 0DC 1990DD 1ST COMMA 1990EABEFORE 1990EAAFTER1ST COMMA LSTH SENTENCE 1990EB1LAST SENTENCE LSTH SENTENCE 1990EB22D LAST 32708 32707B1 32707B4 32707B2 32707A 32707B2 07B 32707B4 32707C1 SENTENCE SENTENCES LSTH 1990EB32D 3DLAST SENTENCE 49 USC SECTION TO 15 USC SECTIONS 49USC ISUSC 32701 1981 SECTION SECTIONS 32701A 1981 1ST SENTENCE 32701B 1981 SENTENCE LAST 32702 1982 327021 327022 327023 327024 327025 327026 327027 327028 327031 327032 327033 327034 19828 19821 19822 19827 32704 1987 32705A 1990 32709C 32709D 32710A 1990A 32710B 1989A1 1989A2 32711 1991 A13 A131 LEGISLATIVE HISTORY INTRODUCTION WERE DRAFTEDAND THE ORIGINAL ODOMETERREQUIREMENTS REQUIREMENT DEALER ASSOCIATION PORTED BY THE NATIONAL AUTOMOBILE DEALERS AND WERE CONCERNEDWITH TAMPERING WHOLESALER QD BY WHOLESALERS TO RETAIL DEALER DEALERS ACROS ACROSS STATE LINE LINES THERE WAS NO OPPO SELLING 19823 19824 SITION TO THE BILL AND 19826 19825 NO DETAILEDDISCUSSIONOR DEBATES DEBATE ABOUT MEANING OR PURPOSE THE SET OUT BELOW ITS SUBSEQUENT LEGISLATIVE IS 1983 1984 1985 1986 1988A 1988B FALSE STATEMENT 1988C STATEMENTS 32705B1 32705B2 1988D1AB 1988D1C 1988NOTE SEE 17 CONSUMER PROTECTIONCLE CONGREC 12660 APRIL29 80 IS FEDERALSTATUTES STATUTE A132 APPX APRIL24 1972 ACT 1975 AL34 1518 INTRODUCED MOS AMENDS AMEND BY SENATORMOSS THE ODOMETERREQUIREMENTS OF TRANSPOR REQUIREMENT BYGIVING DEPARTMENT FOR STATE ENFORCEMENT INTRODUCEDIN THE TATION ENFORCEMENTPOWERS POWER PROVIDING REQUIREMENTS REQUIREMENT AND CRIMINALSANCTIONS SANCTION ALSO AMEND AMENDS OTHERSECTIONS SECTION OF CREATING SENATE BY SENATORMAGNUSON AS AN AMENDMENT TO PENDING ED APRIL24 1975 THEOVERALL ACT 121 CONGREC S6721 DAILY MOTOR VEHICLE INFORMATIONAND COST SAVINGS ACT 117 SAVING CONG ADD DEFINITION OF MAY 22 1975 SENATE REPORTADDS REC 12659 1971 AND COST SAVINGS AND DISTRIBUTOR MOTOR VEHICLE NONH SAVING TESTIFIE IN MAY 10 11 1971 SENATE HEARINGS HEARINGNADA TESTIFIES TH TQSH THESENATECOMM ON COMMERCE REPORT OF FAVOROFTHEACT HEARINGS ON 945 946 AND CON RE 23 HEARING SES 1975 REP NO 155 94TH CONG 1ST SESS INTED IN 1975 THE COMM ON COMMERCE92D CONG 1ST SESS SES PT AT BEFORE APRIL29 1971 ODOMETER USCCAN 1971 145559 OCTOBER 28 1971 SENATE REPORT CONTAIN SECTIONBYSEC CONTAINS DISCUSSE IN WHAT IS NOW 15 USC ANALYSIDISCUSSES ANALYSIS SESS 1972 USCCAN REP NO 413 92D CONG 2D SES TION NOVEMBER PERSON 1985 3960 DEFINITION OF 1971 OMIT OMITS SENATE BILL PASSED PROVISIONMAKING IT VIOLATIONTO KNOWINGLY GIVE FALSE STATEMENT ADDED 117 CONG REC 3902833 3903549 1971 1718 JUNE 1975 CONGREC 9675 SENATE PASSES PASSE 1518 WITHOUT DEBATE 121 DAILYED JUNE 1975 8091 INTRODUCE HR INTRODUCES CONGRESSMAN STAGGER STAGGERS BILL EXPANDS MORE STRINGENT DUTIE ON OWN DUTIES EXPAND 1518 BY CREATING ERS AND TRANSFERORS OF TRANSPOR TRANSFEROR ENLARGE ENLARGES POWER OF SECRETAIY POWERS IN CASE CASES TATIONCHANGES CIVIL STANDARD CHANGE LIABILITY BROUGHT BY THE US ATTORNEY GENERAL TO INCLUDE ANYONE INSTEAD OF DEALERS DEALER JUNE 20 1975 AND DISTRIBUTORS DISTRIBUTORAND CHANGES REASONABLE PERSON THE STRICTER CHANGE 10 18 19 1971 HOUSE HEARINGS HEARINGDEPART STANDARDFOR LIABILITY UNDER US GENERAL ENFORCE ATTORNEY OF TRANSPORTATION THATBILL BE CLARIFIED TO ASSURE REQUEST REQUESTS MENT TO VIOLATE VIOLATES 121 REC 5922 DAILYED KNOWINGLY CONG OFACTIONIN STATE COURT NADA TESTIFIE IN FAVOR TESTIFIES NOVEMBER MENT RIGHT HEARING HEARINGS JUNE 1975 976 BEFORE THE SUB 9353 HIT 499 OF TRANSPOR JULY 2830 1975 HOUSE HEARINGS COMM ON COMMERCE AND FINANCE OFTHE COMM ON INTERSTATE HEARINGDEPARTMENT TATION TESTIFIES TESTIFIE IN FAVOROFHOUSE BILL SUPPORTS IN LIABIL AND FOREIGN SUPPORT CHANGE COMMERCE92D CONG1ST SESS SES PT AT 130 16668 TO KNOWINGLY NATIONAL ITYSECTIONFROMREASONABLE PERSON IT ON 1162Z HIT 1971 APRIL28 1972 HOUSE HOUSE FAVORABLY REPORTBILL REPORTED VERSIONIS BASIS BASI FORFINALACT ADDS ADD AUTOMOBILE DEALERS DEALER ASSOCIATIONNADA ENFORCEMENT OF EXISTING ACT WAS THAT TESTIFIE STATING TESTIFIES HOUSE INADEQUATE SUPPORTING INJUNCTION POWER OF ATTOR FORLIMITATIONS LIMITATION ON DEPARTMENT OF TRANSPORTA DISCUSSE PURPOSEOF BILLAND HAS SECTION BILL AND ASKING DISCUSSES REPORT TION AND STATES NADA OF CIVIL STATE POWERS POWER SUPPORT SUPPORTS EXPANSION SECTION HR NO 92D 2D SES SESS BY ANALYSI ANALYSIS REP 1033 CONG FORM AND DISCLOSURE LIABILITY PRESENTS PROPOSEDAMEND PRESENT PROPOSED 1972 AND COS SAVINGS MENT MENTS TO THEMOTOR VEHICLEINFONNANON SAVINGACT MAY 22 1972 HOUSE PASSED118 CONG REC THE SUBCOMM ON CON ON HIT 8091 1518 HEARING HEARINGS BEFORE 96H 1821737 1972 AND SUMER PROTECTION AND FINANCE OF THE COMM ON INTERSTATE 18 1972 CONFERENCE HOUSE VER SEPTEMBER ADOPTS ADOPT REPORT 94TH 1ST SES SESS COMMERCE 1975 FOREIGN CONG SION WITH MINOR CHANGES OF REGULATION CHANGE CLARIFYING REQUIREMENT NOVEMBER VAN DEARLEN INTRODUCES INTRODUCE 18 1975 CONGRESSMAN OF TRANSPORTATION CONFERENCEREP NO 1476 BYDEPARTMENT HR OF HR 8091 121 REC 10807 REORGANIZATION CONG 92D CONG2D SESS SES 1972 REPRINTED IN 1972 USCCAN 3983 11419 DAILYED NOV 1975 OCTOBER 1972 HOUSE PASSAGE OF ACT 118 CONGREC TITLE BY TITLE DECEMBER 18 1975 HOUSE REPORT CONTAINS CONTAIN 3377273 1972 NO 94TH SES SESS 764 1975 OCTOBER SUMMARY REP CONG 1972 SENATE PASSAGE OF ACT 118 CONG REC 10807 121 CONGREC JANUARY 22 1976 HOUSE PASSES PASSE HR 3426869 1972 NEY GENERAL OCTOBER 20 1972 ACT ENACTEDEFFECTIVENINETYDAYS DAY AFTER ENACTMENT 190 DAILYED JAN 22 1976 JUNE 29 1976 SENATE PASSES PASSE 1518 AS ELIMI AMENDEDBY THE KNOWINGLY THE STANDARD NATING REQUIREMENT BROADENING FOR LIABILITY UNDER SECTION 1990B 1976 AMENDMENTS AMENDMENT ED JUNE JULY ACT RELIED PRIMARILY ON PRIVATE ENFORCEMENT ORIGINAL THE US ATTORNEY GENERALWAS GIVEN POWER UNDER POWERS INJUNCTIVE SECTION 1990 BUT THEY WERE APPARENTLY LITTLEUSED THE DEPART REC 7163 MENT STAT 981 THE OF AND STATE ATTORNEYS HAD NO TRANSPORTATION ATTORNEY GENERAL ENFORCEMENTPOWERS IN 1975 AMENDMENTS AMENDMENT WERE RESULT POWER AS TO STRENGTHEN ENFORCEMENT OF THE PROPOSED PRIMARILY PUBLIC ACT MARCH NATIONAL AUTOMO 14 21 1975 SENATE HEARING HEARINGS 122 CONGREC 10961 DAILY 29 1976 1976 HOUSE AGREE AMENDMENT AGREESTO SENATEAMENDMENTS ED DAILY JULY 1976 JULY14 1976 CONG BILL ENACTED AS MOTOR VEHICLE INFORMATION AND COST SAVINGS AMENDMENT OF 1976 PUB SAVINGACT AMENDMENTS A134 122 94364 90 1976 1986 AMENDMENTS AMENDMENT SENATOREXON INTRODUCES INTRODUCE REQUIRING OF TRANSPORTATION DEPARTMENT TITLE AND REGISTRATION TITLES TO BE PRINTED ON BANK NOTE PAPERS PAPER AND ON NEED FORADDITIONALPUBLIC ENFORCEMENTPOWERS TESTIFY POWER MO HAVE ODOMETERDISCLOSUREREPRINTED IN WO ODOMETER TOR VEHICLENQN AND COSTSAVINGS SAVINGACT OVERSIGHT HEARING HEARINGS ON 1407 BEFORE THESUBCOMM ON SUR MODIFICATION HEARING THE SUBCOMM ON CONSUMERPROTECTION AND FINANCE BEFORE OF TRANSPORTATION OFTHE COMM ON COMMERCESCIENCEAND THE COMM ON INTERSTATE AND FOREIGN COMMERCE94TH CONG FACE 98TH SES IONH CONG2D SESS 84 1STSESS SES 4447 6263 711975 BILE DEALERS DEALER ASSOCIATIONAND JUNE 1983 1407 225 CONSUMER ME PROTECTIONCLE 81 APPL AUTOMOBILEFRAUD A135 NHTSA ADMINISTRATORTES 1984 SENATE HEARING AND NEED FOR DISCLOSURE DISCLOSURES ON TITLES TITLE LEASEDCAR PROBLEM OCTOBER 14 1988 APRIL12 TIFIE ON TIFIES 134 ODOMETER DEALERS ODOMETERS DEALER GIVE OF REQUIRING AND DIFFICULTY TANIPERPROOF IN AUTOMOBILE ODOMETERMOD SUPPORTING TESTIMONY REPRINTED THE ON 1407 BEFORE HEARING THECOMM ON CQEE OF TRANSPORTATION SES 35 1984 98TH CONG2D SESS TZON JUNE ON SURFACEACTEDPUB 2D SESS SES OCTOBER 14 988 IZEEUON SAFETY PIPELINE NO 100561 AND MOTOR VEHICLE 1Q ACT EN 401 102 STAT 2805 2817 AND TRANS TRAN IEN RECOMMEND DISCLOSURE ON SENATE REPORT RECOMMENDS ODOMETER ODOMETERS NO 98TH 504 REP CONG TAMPERPROOF 1990 AMENDMENT 1984 TITLE AND TITLES DAILYED OCTOBER31 1988 TITLE COST SAVINGS SAVINGACT OF IN HOUSE AMENDMENTS AMENDMENT SENATE CONCURS CONCUR CONGREC S1634952 DEALER USING POWEROF ATTORNEY DEALERS REQUIRED SUBMIT THE ORIGINAL POWER OF ATTORNEYTO THE STATE THAT IS WITH THE APPLICATION FORTITLE SUEDTHEPOWEROF ATTORNEY ALONG WHEN NHTSA 1984 IR INTRODUCE INTRODUCES 6076 AUGUST 1984 CONGRESSMAN ON TITLE ODOMETER DISCLOSURE TITLESINCREASE MAXIMUM REQUIRE IN NHTSA AMENDMENTS TERM TO THREEYEARS AMENDMENT PRISON YEAR REPRINTED TO THEMQH HEARING BEFORE AND FINANCE CONSUMERPROTECTION IO BOARD ACT AMENDMENTS AMENDMENT OF 1990 TO TO TEKCOMMUNICA ON 6076 ON INDEPENDENT SAFETY NHTSA FROM RE PROHIBIT THE DEALERS DEALER OBTAINEDAN AMENDMENT TO THE THAT VEHICLEBE TITLEDIN THE STATE IN WHICH THE POWER QUIRING OFTHECOMM ON EN OF WAS ISSUED SES ATTORNEY 1984 ERGYAND COMMERCE 98TH CONG 2D SESS OCTOBER 3012 WITH ODOMETER 27 1990 SENATE PASSES 1984 HOUSE DEALER DEALERS PASSE HEARING HEARINGS GIVESUPPORTING AUGUST DISCLOSUREAMENDMENT BY SENATORS SENATOR LQ EXON ON 6076 NHTSA AMENDMENT AMENDMENTS MILEAGE BEFORE TESTIMONY HEARING AND THE SUBCOMM ON TELECOMMUNICATIONS TELECOMMUNICATION CONSUMERPROTECTION FINANCE OFTHECOMM 2D SESS SES 36 ON AND COMMERCE98TH ENEZGY CONG 1984 DISCLOSUREAND REINSTATEMENT OF NHTSA DISCLOSURES 1985 17 1986 SEPTEMBER SES 1986 CONG2D SESS DAILYED DEC 13 HOUSE REPORT REP NO 833 99TH HR 1986 HOUSE PASSES 475 FORMERLY 780 PASSE DIFFERENT FORM 132 REC H924244 SLIGHTLY CONG DAILYED 1986 132 1986 SENATEPASSES PASSE OCTOBER28 ENACTMENT 1986 AS REVISEDBYHOUSE DAILYED OCT CONGREC 40H 1986 PUB 475 BILL 1986 ACT OF MILEAGE MONTH AFTER MONTHS EFFECTIVETHIRTY ENACTED AS NO TRUTH IN 99579 EFFECTIVE IMMEDIATELY UPON ENACTMENT 136 RULE ON TITLE EXISTING CONGREC S1766670 BOARD SAFETY INDEPENDENT PUB 101641 NO 7H 1994 CAR CARS DAILYED AND OCT ACT AMENDMENTS AMENDMENT OF 1990 ENACTED 104 STAT 4654 4657 RECODIFICATION FEDERALODOMETER ACT THE BY PUB WAS REENACTEDAND RECODIFIED 108 STAT 1049 103272 FOUND AT 49 USC 32101 NO JULY 1994 THE ACT THE INTENT WAS TO MOVE ALL TRANSPORTATION LAW INTO ONE LAWS TITLE AND TO CONFORM THE LAW TO CONTEMPORARY LANGUAGE NO SUBSTANTIVE CHANGEWAS INTENDED THE LEGISLATIVE HISTORYAND THE EXPLANATION SPECIFIC CHANGEIS FOUND AT CHANGES USAGE HR IN REP 180 NO 1994 USCCAN FURTHER TECHNICAL WERE MADE PUB PUB AL38 1988 AMENDMENT THAT 3012 AS PASSED OCTOBER27 1990 HOUSE PASSES BY SEN PASSE ED OCT 136 CONGREC 45H 27 1990 DAILY NOVEMBER 28 1990 ODOMETER MILEAGEDISCLOSURE OF IS NOW OCTOBER OCTOBER ATE 475 INTRODUCED BY DECEMBER 13 1985 SENATE PASSES PASSE SENATOR EXON 131 CONG REC 56H STATE STATES 27 1990 STANDARDON TAMPER ODOMETER PROOF DEALER GIVE TES SUPPORTING APRIL30 1985 HOUSE HEARINGDEALERS ON 2248 THEMQH ON TELECOM HEARING BEFORE TIMONY CONSUMER PROTECTION AND FINANCE OFTHE COMM IONQSQ AND COMMERCE99TH CONG 1ST SESS SES 24350 ON ENERGY 1985 TRAN SCIENCEAND TRANS MAY14 1985 SENATEREPORTCOMMERCE NO 47 COMMITTEE TO ACCOMPANY 475 REP PORTATION IN 1986 USCCAN 562027 99TH CONG 1ST SESS SES REPRINTED OCT SENATORREID TRANSFERNEEDLESSLY TRANSFERS THE INTERSTATE SALE OT DISRUPT DISRUPTS NEED TO BE FIXED NEEDS OCTOBER10 1984 SENATEBILLPASSED TITLE TO HAVE TITLES REQUIRE REQUIRES IN FORD AND REID NO NO BY PUB 104287 105102 1996 103D CONG 1ST SESS SES 1993 REPRINTED 818 AS RESULTOF THE RECODIFICATION CHANGES CHANGE 103429 108 STAT 4380 OCT 31 1994 110 STAT 3394 OCT 1996 AND STAT 2205 NOV 20 1997 219 BILL APPROPRIATIONS APPROPRIATION 1997 APPROPRIATION OF TRANSPORTATIONS BILL TRANSPORTATION DEPARTMENT STATE NOTWITHSTAND 104205 AT 332 SEPT 30 1996 STATES OF LAW THE SECRETARY FUND MAY USE FUNDS ING ANY OTHER PROVISION UNDER THIS THI ACT OR ANY SUBSEQUENT ACT TO ADMIN MENT TO THE PIPELINE REAUTHORIZATIONACT PERMITTINGAPPROPRIATED SAFETY ISTER AND IMPLEMENT THEEXEMPTION OF 49 CFR 5806 PROVISION PROVISIONS THEIRUSE AND FROMTHEDISCLOSURE TO OR AMEND 2424 WITHBYRD AMEND ADOPT EXEMPTION EXEMPTIONS REQUIRE 30 1988 SENATEPASSES SEPTEMBER PASSE OF VEHICLES MENT OF 49 CFR PART 580 FORANY CLASS CLAS OR CATEGORY VEHICLE 134 CONG MENTS MEAT PERMITTING UNLIMITED USE OF POWEROF ATTORNEY THATTHE SECRETARY DEEM APPROPRIATE DEEMS NHTSA VIEW THIS VIEWS THI AS REC 03H ED DAILY SEPTEMBER 30 1988 CLASSE OF CARS CAR FORIT TO EXEMPTCLASSES FROM THE OCTOBER 12 1988 HOUSE PASSES HR 2266 WITH PROVIDING AUTHORITY PASSE COMPRO ACT DISCLOSURE ACTS SEE 62 FED REG 47763 SEPT REQUIREMENT REQUIREMENTS MISE POWEROF ATTORNEY AMENDMENT 134 CONGREC H1007381 WHEN NNTSA REFUSEDTO PERMIT THEUSE OF POWERS POWER OF ATTOR IN WHICH THE SAME PERSON COULD NEY FORODOMETERDISCLOSURE AND TRANSFEREEDEALERS DEALER OBTAINED AN AMEND SIGNAS TRANSFEROR DAILYED THE PUB OCTOBER 12 1988 CONSUMER PROTECTIONCLE 2001009 82 FEDERALSTANAES STANAE APPX THE EXEMPTIONS FINAL RULE REPROMULGATING EXEMPTION 11 1997 IMH IQS IQSS RQSONAL VEHICLE FROM ODOMETERDISCLOSURE SUBSECTION FORCERTAIN CATEGORIES OF VEHICLES CATEGORIE INFORMATIONREFERRED TO SHALLBE DISCLOSEDFOR USE OF MOTOR TQ REQUIREMENT REQUIREMENTS A2 IN IN CONNECTION WITH VEHICLEOR DRIVERSAFETY AND THEFT MOTOR VE HICLE EMISSIONS ALTERATION RECALLS ALTERATIONS RECALL OR EMISSION MOTOR VEHICLE PRODUCT 39 OF MOTOR ADVISORIEPERFORMANCE ADVISORIES MONITORING 1998 AMENDMENTS AMENDMENT ERS VEHICLE TURERQS TURERQ BY MOTOR OWNER RECORDFROMTHE ORIGINAL RECORDS OWNER VEHICLE AND DEAL VEHICLES AND REMOVAL OF NON RECORD OF RECORDS VEHI MOTOR 2400 MAY CLEMANUFACTURERS TITLE AND MARCH 12 1998 SENATE PASSES MANUFACTURERTO OUT THE PURPOSES PASSE ITSVERSIONOF PURPOSE OF TITLES AC HOUSE OF THE ANTI CAR THEFT ACT OF 1992 THE AUTOMOBILE INFORMA 22 1998 CONFERENCEVERSIONOF HR 2400 PASSES PASSE SEE IN PARTICULAR CONI REP NO 105550 TION DISCLOSURE ACT 15 USC 1231 ET SEQ THECLEAN AIR ACT COMPANIED BY 301 305 AND 321331 OF CHAPTER PAGE 522 42 USC 7401 ET SEQ AND CHAPTERS TRAFFIC 1998 TITLE VU SUBTITLEDNATIONAL HIGHWAY ACT OF OF TRAN TRANS ADMINISTRATION REAUTHORIZATION 1998 SAFETY JUNE EQUITYACT TIONH 178 FOR THE 21ST 112 STAT 467 7105 JUNE CENTURYPUB 1998 ENACTED NO 105 FOLLOW TITLE49 AND MAY BE DISCLOSEDAS FOLLOWS FOR USE BYANY GOVERNMENT ANY AGENCY INCLUDING COURT OR LAW ENFORCEMENT AGENCY IN CARRVNGOUT ITS FUNCTIONS FUNCTION FEDERAL ON BEHALF ANY PRIVATE PERSON OR ENTIW ACTING OR OUT ITSFUNCTIONS FUNCTION STATEOR LOCALAGENCYIN CARRYING A2 DRIVER DRIVERS PRIVACYPROTECTIONACT 18 USC BY PUB VEHICLE OF MOTOR VEHICLE EMISSIONS EMISSION MOTOR 27212725 VEHICLE PRODUCT RECALL OR ADVISORIES ADVISORIE PERFOR ALTERATION RECALLS ALTERATIONS MANCE OF MOTOR VEHICLES VEHICLE MOTOR VEHICLE PARTS MONITORING PART NO AND DEALERS DEALER MOTOR VEHICLEMARKETRESEARCH ACTIVITIESINCLUD ACTIVITIE 103322 TITLE XXX 300002A STAT AND AMENDED PUB NO 104 1994 108 13 2099 SEPT 110 STAT 3388 OCT NO 294 287 1996 PUB TITLE OCT 11 1996 110 STAT 3509 6H ADDED FOR USE IN CONNECTIONWITH MATTERS MATTER DRIVERSAFETY AND THEFT MOTOR OR AND REMOVALOF NONOWNER INGSURVEYRESEARCH THE OWNER ORIGINAL RECORD OF MOTOR RECORDS RECORDFROM RECORDS VEHICLE MANUFACTURERS MANUFACTURER FOR USE IN THE NORMALCOURSE OF BUSINESS BUSINES BY LEGITI BUT BUSINES OR ITS AGENTS BUSINESS AGENT EMPLOYEES EMPLOYEE OR SH MATE ONLY 18 USC 2721 PROHIBITION ON RELEASEAND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE 3S OR IS AS PROVIDED IN GENERALEXCEPT OF STATE DEPARTMENT OR PLOYEE SUBSECTION VEHICLE AND ANY OFFICER EM VEHICLES DISCLOSEOR KNOWINGLY MOTOR CONTRACTOR THEREOLSHALLNOT IN OTHERWISE MAKE AVAILABLE TO ANY PERSONOR ENTITY PERSONAL IN FORMATIONABOUT ANY INDIVIDUAL OBTAINED BYTHE DEPARTMENT CONNECTION WITH MOTOR VEHICLE RECORD PROVIDED THI CHAPTER THIS SHALLBECOME EFFECTIVEON THE DATE THAT IS THI ACT 13 1994 YEARSAFTERTHE DATE OFENACTMENT OF THIS YEAR AFTER THE EFFECTIVEDATE IF STATEHAS IMPLEMENTED PROCE DURE UNDER SECTION2721B 11 AND 12 OF TITLE18 UNITED B11 AND BYSECTION2902 BYSECTION 300002A OF PUBL FOR PROHIBITING DISCLOSURE OR USES DISCLOSURES USE OF PERSONAL IN OTHERWISEMEETS MEET THE REQUIRE FORMATIONAND THE PROCEDURE 12 AS ADDED OF THIS THI SECTIONAS ADDED RNENT RNENTS OF SUBSECTIONB11 WITH SUBSECTION COMPLIANCE SUB CORRECT LONGER NO TO OBTAIN THECORRECT INFORMATION FRAUDBY PURSU PREVENTING DEBT OR REMEDIE AGAINST REMEDIES OR RECOVERING ON ING LEGAL YH INTEREST AGAINST THE INDIVIDUAL FOR USE IN CONNECTIONWITH ANY CIVIL CRIMINAL ADMIN IN ANY FEDERAL STATE OR ISTRATIVE OR ARBITRAL PROCEEDING LOCALCOURT OR AGENCY OR BEFORE ANY SELFREGULATORY BODY THE SERVICE OF PROCESS IN ANTICIPA INCLUDING PROCES INVESTIGATION TION OF LITIGATION AND THE EXECUTIONOR ENFORCEMENT OF JUDG 103322 EFFECTIVEDATE SECTION 300003 OF PUBL THAT THE AMENDMENT MADE BY SECTION300002 AMENDMENTS STATE CODE STATES INFORMATION ACCURACY OF PERSONAL FOR THE PURPOSE ONLY PURPOSESOF BUT IN THE VERIFY TO BUSINES OR ITS AGENT MITTED BY THE INDIVIDUAL TO THE BUSINESS AGENTS OR CONTRACTORS CONTRACTOR AND EMPLOYEE EMPLOYEES IF SUCHINFORMATIONAS SO SUBMITTED IS NOT CORRECT AND 12 THE STATE SHALLBE IN 11 AND 12 EVEN IF THE PRO MENT MENTS AND ORDERS ORDER OR PURSUANTTO AN ORDER OF FEDERAL STATE OR LOCALCOURT FOR USE IN RESEARCH ACTIVITIES ACTIVITIE AND FOR USE IN PRODUC AS THE PERSONAL INFORMATIONIS INGSTATISTICAL REPORTS REPORT SO LONG USED TO CONTACT INDIVIDUAL INDIVIDUALS NOT PUBLISHED OR LOSQED FOR USE BY ANY INSURER OR INSURANCE SUPPORTORGANIZA TION OR BY SELFINSUREDENTITY OR ITSAGENTS OR AGENT EMPLOYEES EMPLOYEE CLAIM CONTRACTOR IN CONNECTIONWITH CLAIMS CONTRACTORS TIE ANTIFRAUDACTIVITIES TIES ACTIVITIEING FOR USE IN OR NOTICE PROVIDING ACTIVI INVESTIGATION UNDERWRITING TO THE OWNERS OWNER OF TOWED OR INDIVIDUAL UNTIL THEYRENEW THEIR CEDURE IS NOT AVAILABLE TO INDIVIDUALS AS LICENSETITLE REGISTRATION OR ICATION CARD SO LONG LICENSEDSECURITY SERVICEFOR ANY PURPOSEPERMITTED UNDER THE STATE PROVIDES SOME PROVIDE THI SUBSECTION THIS THE STATE ON CONTACT USE OR USES OTHER PROCEDURE FORINDIVIDUALS INDIVIDUAL TO SUCH INITIATIVE TO PROHIBIT THEIR OWN DISCLOSURE PRIOR TO THE EFFECTIVEDATE PERSONAL DISCLOSURES IN FORMATIONCOVEREDBY THE AMENDMENT MADE BYSECTION300002 LAW OR PRACTICE MAY BE RELEASEDCONSISTENTWITH STATE 322 SHORT TITLE SECTION 300001 OF PUBL PROVIDED THAT THIS THI TITLE THI CHAPTER THIS AND SET OUT PROVISION PROVISIONS AS NOTES NOTE UNDER THIS THI SECTION MAY BE CUED PRIVACY PROTECTIONACT OF 1994 AS THE FOR USE FOR OBTAIN OR USE BY ANY LICENSEDPRIVATE INVESTIGATIVE AGENCY OR BYAN EMPLOYER ITS AGENT OR INSURER TO TO VERIFYINFORMATION RELATING MERCIAL DRIVERS DRIVER LICENSETHAT IS OR HOLDER OF COM UNDER CHAPTER 313 REQUIRED OF TITLE 49 OF PRIVATE 10 FOR USE IN CONNECTIONWITH THE OPERATION TOLLTRANSPORTATION FACILITIE FACILITIES 227 CONSUMER PROTECTIONCLE 83 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT 84 BLANK ACT RULES RULE MAGNUSONMOSS MAGNUSONMOS WARRANTY APPENDIX 16 CFR SUBCHAPTER STATEMENT REGULATIONSTATEMENTS REGULATIONS THE MAGNUSONMOSS PART 703 ACT PARTS MAGNUSONMOS WARRANTY COMMISSION SUBCHAPTER DEC 31 1975 MAR STA TEMENTS TEMENT INTERPRETATIONS INTERPRETATION MAGNUSONMOS MAGNUSONMOSS 700INTERPRETATION 700INTERPRETATIONS AND HOUSEHOLDUSE IS UNCOMMON HOWEVERTHOSEAGRICULTURAL PROD USED FOR PERSONAL OR HOUSEHOLD NORMALLY GARDENING FOR TO PRODUCE EXAMPLE AND NOT GOODFORPERSONAL GOODS CONSUMPTION FORRESALE ARE CONSUMER PRODUCTS UNDERTHE ACT PRODUCT THE DEFINITION OF CONSUMER PRODUCT LIMIT THE APPLICA LIMITS OF THEACT TO PERSONAL BILITY PROPERTYINCLUDING ANY SUCHPROP ACF ERTYINTENDED TO BE ATTACHEDTO OR INSTALLEDIN ANY REALPROP TO WHETHERIT IS SO ATTACHEDOR INSTALLED ERTYWITHOUT REGARD THI THIS 7001 PRODUCT COVERED PRODUCTS 7002 DATE OF MANUFACTURE 7003 WRITTENWARRANTY 7004 PARTIE ACTUALLY PARTIES MAKING WRITTENWARRANTY 7006 7007 MENT THE COVERAGEOF SEPARATEITEMS ITEM OF EQUIPMENT ATTACHED WHICH 7009 70010 DUTYTO INSTALLUNDER SECTION102C 70011 WRITTEN WARRANTYSERVICECONTRACTAND INSURANCEDIS FULLWARRANTY FORPURPOSES UNDERTHEACT TINGUISHED PURPOSE OF COMPLIANCE EFFECTIVEDATE OF 16 CFR PART PARTS701 AND 702 MAGNUSONMOSS MAGNUSONMOS ACT WARRANTY SOURCE 7001 PUB UNLES OTHERWISE UNLESS NOTED GOODSARE GOOD TO WRITTENWARRANTIES WARRANTIE ON TANGIBLE APPLIES APPLIE PER USED FORPERSONAL OR NORMALLY FAMILY REAL OR PERSONAL PROPERTYTHE UCT WHICH GO INTOTHE CONSTRUCTION UCTS OF ALL CONSUMER PRODUCT COVERED PRODUCTS THE ACT ITEM OF EQUIPMENT ITEMS IS BASED ON THE NATURE OFTHEPURCHASE OFTHETRANSACTION WILLDETERMINEWHETHER ANALYSI ANALYSIS TRANSACTION AN THE JULY13 1977 ARE FIXTURE UNDERSTATE LAW MAY BE CONSIDEREDFIXTURES THE COVERAGEOF BUILDING MATERIAL WHICH ARE NOT MATERIALS RATE 93 2301 42 FR 36114 EXTEND TO THE DUCT AND OTHER ITEMS ITEM WIRINGPLUMBINGDUCTS STATE INTEGRAL COMPONENT PART OF THE STRUCTURE PARTS LAWWOULDCLASSIFY AS FIXTURES FIXTURETO AND THERE MANY SUCHPRODUCTS PRODUCT FORE PART OF REALTY THE STATUTORY DEFINITION IS DESIGNED TO SUCHPRODUCTS OF WHETHERTHEY BRING PRODUCTUNDER THE ACT REGARDLESS REGARDLES NOT WARRANTOR DECISIONAS FINAL WARRANTORS 637 15 USC ITEM OF EQUIP SEPARATEITEMS CONDITIONERFUR CONDITIONERS ATTACHED TO REAL PROPERTYSUCH AS AIR TO REALPROPERTYINCLUDES AND INCLUDEBUT IS NOT LIMITED TO APPLIANCES APPLIANCE OTHER THERMAL AND ELECTRICAL DOE MECHANICAL EQUIPMENT IT DOES OF GENERAL EXPRESSIONS EXPRESSION POLICY OFWARRANTIES WARRANTIE DESIGNATION USE OF WARRANTY CARD CARDS REGISTRATION AUTHORITY PROVISION BRINGUNDERTHE ACT BRINGS AND WATER HEATERS HEATER NACE NACES 7008 70012 OF FARMING OCCUPATION UCT UCTS SEC 7005 FARMMACHINERY STRUCTURE STRUCTURES NOT COVEREDBYTHE ACT WHERE THEIR PERSONAL FAMILYOR ARE OF WARRANTY 12 1987 JULY13 1977 JULY28 1977 AND IMPLEMENTS USED IN THE BUSINESS BUSINES OR IMPLEMENT UNDER THE WARRAN1YACT MAGNUSONMOS MAGNUSONMOSS AND INTERPRETATIONS UNDER INTERPRETATION PROMULGATED BYTHE FEDERALTRADE SUCHAS AGRICULTURAL PRODUCT PRODUCTS GRULE GRULES REGULATION REGULATIONS PART ON AS PRODUCTWHEN PRODUCTS PROD ARE DWELLING THE COUNTER AS BY NUMEROU NUMEROUS CONSUMER SOLD OVER HARDWAREAND BUILDING RETAILER RETAILERS SUPPLY IS ALSOTRUE WHERE OF SUCHMATERIALS MATERIAL IN PURCHASE CONNECTIONWITH THE IMPROVEMENT OR MODIFICATIONOF REPAIR HOUSEHOLD THI THIS DEFINITIONINCLUDES INCLUDE WHICH IS PURPOSE PURPOSES PROPERTY PANELING DROPPED CEILINGSIDINGROOFING CEILINGS INTENDEDTO BE ATTACHEDTO OR INSTALLEDIN ANY REAL PROPERTY HOME FOREXAMPLE STORMWINDOWREMODELINGHOWEVERWHERE SUCH PRODUCTS STORMWINDOWS PRODUCT WITHOUT REGARD TO WHETHERIT IS SO ATTACHEDOR INSTALLEDTHIS THI ARE AT THE TIME OFSALEINTEGRATED INTO THE STRUCTUREOF DWELL MEAN MEANS THAT PRODUCT IS CONSUMER PRODUCT THE USE OF ARE NOT CONSUMER AS THEY CANNOT BE PRACTI INGTHEY PRODUCT PRODUCTS THATTYPEOFPRODUCT IS NOT UNCOMMON THE PERCENTAGE OFSALES SALE FROM REALTY FOR EXAMPLE THE BEAMS CALLY DISTINGUISHED THU THUS BEAM OR THE USE TO WHICH IS INDIVIDUAL IS PRODUCTPUT BYANY BUYER WALLBOARD AND OTHER STRUC WIRING W WINDOW INDOWS NOT DETERMINATIVEFOR PLUMBING ROOFING SUCH AS AUTOMOBILES AUTOMOBILE EXAMPLE PRODUCTS PRODUCT TURALCOMPONENTS OF ARE NOT CONSUMER COMPONENT DWELLING AND TYPEWRITERS PRODUCT PRODUCTS WHICH ARE USEDFORBOTH PERSONAL AND TYPEWRITER WHEN THEY ARE SOLDAS PART OF REALESTATE COVERED BY WRITTEN LH PURPOSES PURPOSE COME WITHIN THE DEFINITIONOF CONSUMER PRODUCT SONALPROPERTY WHICH IS CONSUMER CONTRACT FOR THE CONTRACTS WHEREIT IS UNCLEARWHETHER PARTICULAR IS COVERED WARRANTY PRODUCT UNDER THE DEFINITIONOF CONSUMER WILL ANY AMBIGUITY PRODUCT BE RESOLVED IN FAVOROF COVERAGE IN THE CASE WHERE CONSUMER CONTRACT WITH CONTRACTS BUILDERTO HOME SUBSTANTIALADDITION TO HOME OR OTHER REALTY SUCH AS GARAGEOR AN INGROUND SWIMMING POOLTHE CONSTRUCT 547 UONSUMER PROTECTIONCLE 85 APPLB 16 CFR LAW CONSUMERWARRANTY 7002 AL MATERIAL TO BE USED ARE NOT CONSUMER PRODUCTS MATERIALS PRODUCT BUILDING AT THE TUNE THE IDENTIFIABLE THEMATERIALS MATERIAL ARE SEPARATELY THOUGH DER THE UNIFORM COMMERCIAL CODE SURE SURES HOWEVER THESE DISCLO ALONE ARE NOT WRITTEN WARRANTIES WARRANTIE UNDER THIS THI ACT SECTION THAT WRITTENAFFIRMATIONOF FACTOR WRITTEN 1016 PROVIDES PROVIDE OF SPECIFIED LEVELOF PERFORMANCE MUS RELATE TO PROMISE OF TIME IN ORDERTO BE CONSIDERED SPECIFIED PERIOD DISCLOSURE WITHOUT SPECI FOR ARE CONSUMER OF EQUIPMENT TO BE ATTACHEDTO SUCHREALTY PRODUCT PROD LH RELATE RELATES IS THEREFORE TIME TO WHICH THE DISCLOSURE FIED PERIOD UCT UNDER THEACT UCTS IN SECTION TO NOT WRITTEN ADDITION OF THE ACT APPLYONLY PRODUCTS WARRANTY 111D EXEMPTS EXEMPT CERTAIN PROVISIONS PRODUCT PROVISION FROM THE ACT EXCEPTSECTION102C ANY WRITTENWARRANTYTHE MORE THAN SPECIFIED AMOUNT THE CONSUMER ACTUALLY COSTING THE BY FEDERALLAW THE SECTION103 APPLIES ACTUALLY COSTING MAKINGOR CONTENT OF WHICH IS REQUIRED PRODUCT APPLIETO CONSUMER PRODUCTS TO CONTRACT OF THE PARTIES CONTRACT IS MADE IT IS THE INTENTION PARTIE THE COMPO OF REALTY WHICH WILL INTEGRATE FORTHE CONSTRUCTION ITEM ITEMS MATERIAL OF COURSE AS NOTEDABOVE ANY SEPARATE NENT MATERIALS CONSUMER MORE THAN 10 TAX EXCLUDING THE 10 MINIMUM WILL ITEM WHICH MAY ITEMS BE INTERPRETED TO INCLUDE MULTIPLEPACKAGED WHICH HAVE BEEN PACK SELL FOR LES LESS THAN BUT 10 INDIVIDUALLY THE DISCLOSURE OF PRODUCRQMA COMMISSION ENCOURAGE ENCOURAGES AND WHICH MAY BENEFIT CONSUMERS CONSUMER WHICH IS NOT DECEPTIVE AND IMPEDEINFORMATION DISCLOSURE IN OR LABELING NOT THE IN MANNER THATDOES DOE ADVERTISING PERMIT BREAKING PACKAGEPRODUCT AGED CERTAINTERMS AT LES THAN 10 THUS LESS TERM OR CONDITIONS CONDITION OF SALE OF CONSUMER PRODUCT TO PURCHASE AN ITEM OR ITEMS ITEM THU PRICE WARRANTIE AS THATTERM IS DEFINEDIN SECTION ITEM AND PRICED FOR MAY NOT BE WRITTENWARRANTIES WRITTENWARRANTYON DOZEN ITEMS PACKAGED OR DESCRIBED IN MANNER THAT EVEN IDENTICALITEMS ITEM SALE AT 12 MUST BE DESIGNATED 1016 AND SHOULD NOT BE OFFERED THOUGH CONSUMER CONSUMERS AS TO THEIRENFORCEABILITY UNDERTHE AT UNDER 10 THI THIS INTER DECEIVE BE OFFERED IN SMALLER MAY MAY QUANTITIE QUANTITIES CONSUMER CONSUMER CONSUMERS TO THE MINIMUM DOLLAR FOR SELLER O F IN THE SAME MANNER PRODUCT PRODUCTS MAY GIVE EXAMPLE APPLIE APPLIES PRETATION OF GOODS UNDER THAT SECTION AN UNCONDITIONAL TO REVOKEACCEPTANCE LIMIT IN SECTION102 AND RULES LIMITS RULE PROMULGATED GOOD WITHIN RIGHT WITHOUTREGARD TO DEFECTS DEFECTOR WARRANTIE ON REPLACEMENT WARRANTIES DAYAFTERDELIVERY PART AND COMPONENTS PARTS COMPONENTUSED TO CERTAINNUMBEROF DAYS ON SERVICE SERVICES ARE FAILURE TO MEET LEVEL OF OR SELLER MAY ARE W WARRANTIE ARRANTIES CONSUMER SPECIFIED PERFORMANCE PRODUCT COVERED PRODUCTS REPAIR CONSUMER CONSUMERS TO RETURN FOR REASON FORCREDIT WARRANTIEWHICH APPLY WARRANTIES TO NOT COVEREDTHEREFORE ANY SOLELY REPAIR PERMIT PRODUCT PRODUCTS OF ANOTHERITEM SUCH TERMS TERM OFSALETAKENALONE ARE NOT SUBJECT TO THE TOWARDPURCHASE ERS WORKMANSHIP IN PERFORMING REPAIR REPAIRS WARRANT BOTH THE PARTS WARRANTS ARE NOT WRITTENWARRANTIES WARRANTIEUNDER THE ACT THEREFORE ACT WHERE WRITTENAGREEMENT SUPPLIERS SUPPLIER PART PRO IN MAKING THAT SHOULDAVOID ANY CHARACTERIZATION OFSUCHTERMS TERM OFSALEAS WARRAN VIDED TO EFFECT REPAIR AND THE WORKMANSHIP RULETHERE TIE THE USE OF SUCHTERMS TIES TERM AS FREE TRIALPERIOD AND THE WARRANTY MUST COMPLY WITHTHEACT AND THERULES REPAIR IN THIS WOULDBE APPROPRIATE FURTHERMORE CREDITPOLICY THI REGARD UNDER FROMANY WRITTEN WARRANTIEON CONSUMER TERM OF SALESHOULDBE STATEDSEPARATELY THE ACT COVERS COVER WRITTENWARRANTIES PRODUCT SUCHTERMS PRODUCTS AND PERFORMANCE OFSUCHTERMS TERM WARRANTY OF COURSE THE OFFERING DISTRIBUTEDIN COMMERCE AS THATTERM IS DEFINEDIN SECTION 1013 FEDERAL COMMI COMMIS TO OFSALEREMAIN TO SECTION OFTHE TRADE TERM THE ACT ARGUABLY SUBJECT THU BYITSTERMS THUS APPLIE PRODUCTS APPLIES PRODUCT EXPORTED WOULD NOT SION ACT 15 USC 45 INTEREST TO FOREIGN HOWEVER THE PUBLIC JURISDICTION JURISDICTIONS TO ENFORCE THE ACT THE MAGNUSONMOSS ACT GENERALLY RESOURCE BE SERVEDBYTHEUSE OF COMMISSION RESOURCES MAGNUSONMOS WARRANTY APPLIETO WRIT APPLIES INTENTTO TEN WARRANTIES WARRANTIE COVERING CONSUMER CONSUMER THE WITH RESPECT TO SUCHPRODUCTS MOREOVER PRODUCT PRODUCTS MANY PROD LEGISLATIVE PRODUCT IS NOT SUFFI UCT UCTS ARE COVERED BY WARRANTIES WARRANTIEWHICH ARE NEITHERINTENDED FOR THE REQUIREMENTS OF THE ACT TO SUCHPRODUCTS PRODUCT APPLY REQUIREMENT RESULTTHE COMMIS COMMI NOR ENFORCEABLE CONSUMER COMMON IS WARRANTY CLEARTO JUSTIFY SUCHAN EXTRAORDINAIY EXAMPLE BY CONSUMERS CIENTLY MANUFACTURER OF CONSUMER TO SION DOES DOE NOT CONTEMPLATE THE ENFORCEMENT OF THE ACT WITH RE GIVENBY COMPONENTSUPPLIER PROD MANUFACTURER IN WARRANT THESE TO CONSUMER TO TURN JURISDICTION JURISDICTIONS PRODUCT PRODUCTS THE MAY COMPO SPECT PRODUCT PRODUCTS EXPORTED FOREIGN NENT TO CONSUMERS IS GEN UCT EXPORTED UCTS FORSALEAT MILITAIYPOSTEXCHANGES CONSUMER THE COMPONENT SUPPLIER SUPPLIERS WARRANTY EXCHANGEREMAIN SUBJECTNENTS SOLDWITHIN THE TO THE PRODUCT AND IS NEITHER STANDARDS STANDARD AS PRODUCTS MANUFACTURER TO THE SAME ENFORCEMENT ERALLY GIVEN SOLELY PRODUCT TO THE CONSUMER NOR BROUGHT TO THE TERRITORIEAND POSSESSIONS INTENDED TO BE CONVEYED UNITED STATES STATEITSTERRITORIES POSSESSION 7002 WILL NOT CONSTRUE THE ACT TO WARRANTIE CONSUMER ATTENTION IN CONNECTION WITH THE SALE SUCH WARRANTIES CONSUMERS DATE OF MANUFACTURE ARE NOT SUBJECT TO THEACT SINCE WRITTEN WARRANTY UNDERSECTION THAT THEACT SHALLAPPLY ONLY PROVIDES PROVIDE OFTHEACT MUST BECOME PARTOFTHE BASIS BASI OF THEIQN 1016 MANUFACTUREDAFTERJULY 1975 TO THOSECONSUMER PRODUCT PRODUCTS BETWEEN SUPPLIER AND BUYER FORPURPOSES PURPOSE OTHERTHANAQL CONSUMER OF CONSUMER THE WHEN PURCHASE PURCHASES REPAIR PRODUCT TO IN HOWEVERTHE ACT APPLIES APPLIE COMPONENTSUPPLIERS SUPPLIER WARRANTY DATEOFMANUFACTUREOF ANY REPLACEMENT PART USED IS THE MEA PARTS WHICHIS GIVEN TO THECONSUMER AN EXAMPLE IS SUPPLIERS WRITING SUPPLIER DATE FORDETERMINING COVERAGE UNDER THE ACT THE DATE SURING WRITTEN WARRANTY TO THE CONSUMER THAT IS COVERINGREFRIGERATOR IS IN OF MANUFACTUREOF THE CONSUMER BEINGREPAIRED PRODUCT OF SOLDINSTALLED INA BOAT OR RECREATIONAL VEHICLE THE SUPPLIER THI INSTANCE NOT RELEVANT WHERE THIS CONSUMER OR PURCHASE PURCHASES THE REFRIGERATOR RELIE ON THE BOATOR VEHICLE ASSEMBLER RELIES TO CONVEY THE OBTAIN ON AN EXCHANGE OBTAINS BASI BASIS REBUILTCONSUMER PRODUCT THE WRITTENAGREEMENTTO THECONSUMER THI CASE THE SUPPLI THIS DETERMINE THE DETERMINES DATE THATTHE REBUILDING PROCES IS COMPLETED PROCESS ERSWRITTEN IS TO CONSUMER AND IS COVERED WARRANTY BYTHE ACT ACT APPLICABILITY ACTS 7004 IESH FR 36114 JULY13 1977 42 FR 38341 JULY28 1977 ACTUALLY MAKING WRITTEN WARRANTY SECTION 110F OF THE ACT PROVIDES PROVIDETHAT ONLYTHE SUPPLIER 7003 WRITTENWARRANTY WRITTENWARRANTY IS LIABLEFORPURPOSES ACTUALLY MAKING PURPOSE OF DUTIE AND LIABILITIES DUTIES LIABILITIE ON SUPPLI THE ACT IMPOSES IMPOSESPECIFIC WRITTENWARRANTIES WARRANTIE ON CONSUMER ERS WHO OFFER PRODUCTCER PRODUCTS WRITTEN WARRANTY IS ALSOCREATED BY WRITTENAFFIRMA FORELEC TAIN REPRESENTATIONS SUCH AS EFFICIENCY RATING RATINGS TION OF FACTOR WRITTENPROMISE THATTHE PRODUCT IS DEFECT REPRESENTATION ENERGY OF AND OTHER TRICALAPPLIANCES CARE OR WRITTEN OF REMEDIAL ACTION WITHIN LABELING WEARING APPAREL FREE BY UNDERTAKING APPLIANCE WARRANTIE UN THE MEANINGOF SECTION 1O16B INFORMATIONDISCLOSURES DISCLOSUREMAY BE EXPRESS EXPRES WARRANTIES PRODUCT SECTION 112 OF THEACT 548 CONSUMER PROTECTIONCLE 86 LES MAGNUSONMOS MAGNUSONMOSS TH FTC WHO DOES DOE SUPPLIER AND PRIVATE ENFORCEMENTOFTHEACT NO MORE THAN DISTRIBUTEOR SELL COVEREDBY PRODUCT CONSUMER WRITTENWARRANTY BUSINES AND OFFEREDBYANOTHERPERSONOR BUSINESS WHICH IDENTIFIES IDENTIFIE THATPERSONOR BUSINES BUSINESSAS THEWARRANTOR IS NOT LIABLEFOR FAILUREOF THE WRITTENWARRANTY TO ACT OR WITH THE COMPLY RULE THEREUNDER HOWEVEROTHERACTIONS RULES ACTION AND WRITTEN AND ORALREPRESENTATIONS OF SUCH REPRESENTATION THE OFFEROR SALE OF IN CONNECTIONWITH SUPPLIER WARRANTEDPRODUCT THAT MAY OBLIGATE IS DEEMED UNDERTHEACT UNDERSTATELAWTHESUPPLIER SUPPLIER TO HAVE ADOPTED THE WRITTENAFFIRMATIONOF FACT PROMISE OR THE SUPPLIER IS ALSOOBLIGATED UNDERTHE ACT SUP UNDERTAKING PLIERARE ADVISED TO CONSULTSTATELAW TO DETERMINE THOSEAC PLIERS TION AND REPRESENTATION TIONS WHICH MAY MAKE THEM COWARRANTORS COWARRANTOR REPRESENTATIONS AND THEREFORE UNDER THE WARRANTYOF THE OTHERPER OBLIGATED SON OR BUSINESS BUSINES 5H UNDER SECTION103B THEREFORE FULLWARRANTY RESTRICT THE WARRANTYRIGHTS MAY NOT EXPRESSLY RIGHTOF TRANSFEREE ITS STATEDDURATION HOWEVERWHERE THE DURATIONOF DURING FULLWARRANTYIS DEFINED SOLELY IN TERMS TERM OFFIRSTPURCHASER OWN THERECAN BE NO VIOLATIONOFSECTION104B4 SINCE THE ERSHIP BYDEFINITION AT THE TIME OF TRANSFEREE ARE CUT OFF AS SUBSEQUENT THERE IS NO TRANSFER OF OWNERSHIP THEDURATION OF ANY DURING THESE DO NOT THE THU THUS WARRANTY PROVISION PROVISIONS PRECLUDE OFFERING OF FULLWARRANTY WITH ITS DURATIONDETERMINED EXCLUSIVELY BY THE PERIODDURING OWN OWNS THE PRODUCT WHICH THE FIRSTPURCHASER OR USES USE IT IN CONJUNCTION FOR EXAMPLE WITH ANOTHERPRODUCT DURATIONOF THE WARRANTY TRANSFERNO TIGHTOF TIGHTS AUTOMOTIVE BATTERY OR MUFFLER WARRANTY MAY BE DESIGNATED FULL WARRANTYFOR AS LONG AS YOU OWN YOUR CAR BECAUSE THI TYPEOF WARRANTYLEADS THIS TO BELIEVE THAT PROOF LEAD THE CONSUMER AN AS UCT NOT BE DESIGNATED AS FULL AS LONG HE OR SHE OWNS OWN DUTYTO FURNISHDOCUMENTARY PROOF MAY OF REPRESENTATIONS REPRESENTATION ON ABLYIMPOSED WHICH ARE NOT SATISFACTION STATEMENT OR STATEMENTS CUSTOMER GENERAL POLICY CONCERNING NEED TO LIMITATION SUBJECTANY SPECIFIC 7008 TO THE PRODUCT APPLICABLE OF PURCHASE IS NOT NEEDED SO EXPRESSIONOF GENERAL EXPRESSIONS POLICY 16 CFR APPX THE BURDEN IS ON THE CONSUMER THE WARRANTOR NOT THEPROD BE REASON UNDER THI THIS TYPE OF WARRANTY TO PROVE THAT PARTICULAR CLAIMANTUNDER THIS THI TYPE OF WARRANTYIS NOT THE ORIGINAL PUR LIMITED WARRANTIE AND ARE EXEMPT FROM THE REQUIREMENTS WARRANTIES REQUIREMENT CHASEROR OWNER OF THE PRODUCT RORSH OR THEIRDESIG OF SECTIONS SECTION 102 103 AND 104 OF THEACT AND RULES RULE THEREUNDER NATED AGENTS CONSUMER TO STATE OR AFFIRM ASK CONSUMERS AGENT MAY HOWEVER STATEMENT REMAIN SUBJECT TO THE ENFORCEMENT HOWEVERSUCHSTATEMENTS THATTHEY ARE THE FIRST OFTHE PURCHASER PRODUCT OF SECTION110 OF THE ACT AND TO SECTION OF THE PROVISION PROVISIONS 45 7007 FEDERALTRADE COMMISSION ACT 15 USC USE OF WARRANTYREGISTRATION CARD CARDS OR THE SECTION 103B EXEMPTIONAPPLIES UNDER SECTION104B1 OF THE ACT WARRANTOR OFFERING APPLIEONLYTO GENERAL NOT TO THOSEWHICH ARE LIMITED TO SPECIFIC FULLWARRANTYMAY NOT IMPOSE CONSUMER ON CONSUMERS CONSUMER OTHER POLICIES POLICIE ANY DUTY MANUFACTURED OR SOLDBYTHESUPPLIER SUCH THANNOTIFICATIONOF DEFECTAS CONDITIONOF SECURING PRODUCT PRODUCTS OFFERING REMEDY IN ADDITIONTO QUALI FORAN EXEMPTION UNDER SECTION OF THE DEFECT OR MALFUNCTION UNLES SUCH ADDITIONALDUTY UNLESS CAN POLICY SUCH NOT BE TO LIMITA BE DEMONSTRATED THE TO BE REASONABLEWARRAN WARRANTOR 103B BY POLICIEMAY POLICIES SUBJECTANY SPECIFIC TION FOR EXAMPLE TIONS WHICH HAVE AN EXPRESS TOT HAVE IN THE PASTSTIPULATED THE RETURN OF WARRANTY EXPRES LIMITATIONOF TOTS REGIS REGI POLICIES POLICIE DURATIONOR LIMITATION OF THEAMOUNT TO BE REFUNDEDARE NOT TRATION OR SIMILAR CARD BY WARRANTY CARD THE REGISTRATION THI THIS DOE NOT PRECLUDE DOES THE IMPOSITION OF REASON COMMISSION MEANS MEAN CARD WHICH MUST BE RETURNED BYTHE CON EXEMPTED ABLE LIMITATIONS LIMITATION BASED ON THE CIRCUMSTANCES CIRCUMSTANCEIN EACH INSTANCE SUMER SHORTLY AFTERPURCHASE OFTHE PRODUCT AND WHICH IS STIP CONSUMER SEEK TO INVOKE SUCH AN AGREEMENT SEEKS FOR INSTANCE ULATED OR IMPLIED IN THE WARRANTY TO BE CONDITIONPRECEDENT WARRANTOR OF POLICY TO WARRANTY VER AND PERFORMANCE MAY REFUSE TO HONOR SUCH AN EXPRESSION WHERE CONSUMER HAS USED FOR 10 YEARS THATTHE CONSUMER RETURN WARRANTY PRODUCT YEAR WITHOUT REQUIREMENT REG WITH THEPRODUCT SUCH ISTRATION CARD OR SIMILARNOTICEAS CONDITIONOF PERFORMANCE PREVIOUSLY EXPRESSING ANY DISSATISFACTION REFUSAL WOULD NOT BE LIMITATION UNDER THIS THI PROVI UNDER FULLWARRANTYIS AN UNREASONABLE THU SPECIFIC DUTYTHUS PROVI SION SION SUCHAS THIS THI UNLES THEWARRANTYREGIS WARRANTYIS VOID UNLESS REGI TRATIONCARDIS RETURNED TO THEWARRANTORIS NOT PERMISSIBLE IN L6 OF WARRANTIES WARRANTIE DESIGNATION FULLWARRANTYNOR IS IT PERMISSIBLE TO IMPLY SUCH CONDITION SECTION 103 OF THE ACT PROVIDES THATWRITTEN WARRANTIES WARRANTIE PROVIDE IN FULL ON CONSUMER PRODUCTMANUFACTURED PRODUCTS THE CONSUMER ACTUALLY COSTING MUST BE MORE AFTER JULY THAN 10 1975 TAX EXCLUDING EITHERFULL STATEMENT OF DURATIONWAR DESIGNATED RANTYOR LIMITED WARRANTORMAY INCLUDE WARRANTYWARRANTORS WARRANTY DOE NOT PROHIBIT DOES THE AND STATE THI THIS WHERE MEAN MEANS USE OF SUCH CARD CARDS REGISTRATION WARRANTOR SUGGEST USE OF THE CARD AS ONE SUGGESTS POSSIBLE OF PROOF OF THE DATE THE PRODUCT WAS PURCHASED FOR IS PERMISSIBLE TO PROVIDE IN FULLWARRANTYTHAT THE DESIG LIMITED WARRANTY DESIGNATION CONSUMER FILL OUT AND RETURN CARD TO ON FILE PROOF MAY PLACE NATION OR DESIGNATIONS AND CONSPICU SHOULD APPEAR CLEARLY DESIGNATION OF THEDATETHE PRODUCT WAS SUCH TO ANY SUGGESTION PURCHASED AS OR PROMINENT FROM TITLECLEARLY OUSLY CAPTION SEPARATED THE CONSUMER MUST INCLUDE NOTICETHAT FAILURETO RETURN THE THE TEXT OF THE WARRANTYTHE OF DURATION WAR STATEMENT CARDWILL NOT AFFECTRIGHTS AS THE RIGHTUNDER THE WARRANTYSO LONG RANTYAND LIMITED WARRANTYARE THE EXCLUSIVEDESIGNATIONS DESIGNATION PER CONSUMER CAN SHOW IN REASONABLE MANNER THEDATETHE PROD MITTED UNDER THE ACT UNLESS UNLES IS CREATEDBY EXCEPTION SPECIFIC UCT WAS PURCHASED NOR DOES DOE THIS THI INTERPRETATION PROHIBITSELLER MENT OF DURATIONIN IT EXAMPLE RULE SECTION STATE THATTHE STATES DUTIE UNDER SUBSEC DUTIES FROM FROM PURCHASERS AT THE OBTAINING PURCHASER TIME OF SALE INFORMA TION REQUESTED BYTHEWARRANTOR OF SECTION 104 EXTENDFROM THE WARRANTOR TO EACH CONSUMER WITH RESPECT TO THE CONSUMER 7008 WARRANTOR DECISION AS FLNAL WARRANTORS PROD DEFINE CONSUMER AS WARRANTOR SHALLNOT INDICATEIN ANY WRITTENWARRANTY OR 1013 DEFINES BUYEROTHER SERVICECONTRACT EITHERDIRECTLY OR INDIRECTLY THATTHE DECISION THAN FORPURPOSES OF ANY CONSUMER PURPOSE OF RESALE PRODUCT ANY TION PERSONWHO IS UCT SECTION IS TRANSFERRED THE DURA OF THE WARRANTOR SERVICECONTRACTOR OR ANY DESIGNATED THIRD PERSON TO WHOM SUCH PRODUCT DURING TION OF AN IMPLIEDOR WRITTENWARRANTYOR SERVICECONTRACT PARTY IS FINAL OR BINDING IN ANY DISPUTE THE WAR CONCERNING 549 CONSUMER PROTECTIONCLE 87 APPX 16 CFR CONSWNERRRA 7003 OR SERVICECONTRACT NOR SHALL RANTY LAW WARRANTOR OR SERVICECON TRACTOR STATE THAT IT ALONE SHALLDETERMINE WHAT IS THE ACT 15 USC MCCARRANFERGUSON 1011 ET SEQ UNDERFEDERAL LAW OVER THE BUSINESSOF BUSINES PRECLUDE PRECLUDES JURISDICTION INSURANCE TO THEEXTENT AN NTH IS REGULATED BYSTATE LAW ANCE DEFECT SUCH STATEMENTS STATEMENT ARE DECEPTIVE SINCESEC UNDERTHE AGREEMENT COURT JURISDIC AS INSURANCETHUS TION 110D OF THE ACT GIVES THU SUCHAGREEMENTS GIVE STATE AND FEDERALCOURTS AGREEMENTARE TO THENH SUBJECT ACT ONLY TO THE EXTENT THEY ARE NOT REGULATED IN WARRANTY STATE AS THE BUSINESS BUSINES OFINSURANCE PARTICULAR WRITTEN WARRANTY AND SERVICE CONTRACTARE DEFINED IN SECTION 1016 AND 1018 OF THE ACT RESPECTIVELY SECTIONS WRITTEN TION OVER SUITS SUIT FORBREACHOF WARRANTYAND SERVICECONTRACT 7009 DUTY TO INSTALLUNDER MUST BE WARRANTY THE WARRANTED FULLWARRANTY OF THEACT THEREMEDY UNDER UNDER SECTION104A1 MOS MOSS FULL WITHOUTCHARGE IF TO THE CONSUMER PROVIDED MUST MUST PROVIDE SUCHINSTALLATION WITHOUTCHARGE WARRANTY REGARD LES OF WHETHER LESS BE WARRANTY HAS UTILITY ONLYWHEN INSTALLED FULL THATIT MUST BE PRODUCT OR NOT THE CONSUMER LATION BYTHE WARRANTOR ORIGINALLY PAIDFOR LH AND PRODUCT BEYONDTHE OF THE BASIS BASI OF THE BARGAIN THIS THI OART TIME OFSALEOF THE THE CONSUMER NOT PURCHASE PRICE NE MEAN MEANS CONSUMER GIVEANY CONSIDERATION CONSUMER IN PRODUCT ORDER HIS AGENTHOWEVERTHIS THI DOES DOE NOT TO BENEFITFROM THE TH IT IS NOT OF THE REQUIREMENT THEWARRANTOR FROM IMPOSING ON THECONSUMER PRECLUDE DUTY ACT THAT AN OF THE CONSUMER AGREEMENT OBLIGATESUPPLIER TO REMOVE RETURN OR REINSTALL WHERESUCHDUTY CAN BE DEMON TO WRITTEN WARRANTYBUT MERELY THAT IT BE PART OF THE PRODUCT STRATEDBY THE WARRANTOR TO MEET THE STANDARDOF REASONABLE BASI OF THE BARGAIN BASIS BETWEEN SUPPLIER AND CONSUMER THI THIS NES NESS UNDERSECTION104B1 WRITTENWARRANTIES WARRANTIE BY THIRDPARTY CONTEMPLATE CONTEMPLATES NONSUPPLIER NONSUPPLIERS 70010 OR SECTION SERVICECONTRACT UNDER THE ACT MUST MEET THE DEFINI WHICH WOULD MEET THE AN AGREEMENT TION COVERAGEUNDER ON THE CONSUMERS WRITTEN WARRANTY CONSUMER USE DEFINITION OF WRITTEN WARRANTYIN SECTION 1016 OR BUT OF AN ARTICLEOR SERVICEIDENTIFIEDBYBRANDTRADEOR CORPORATEFORITS FAILURETO SATISFY THEBASIS BASI OFTHE BARGAIN TEST IS SERVICE SECTION 102C THATCONDI PROHIBIT PROHIBITS TYING ARRANGEMENT ARRANGEMENTS UNLES THAT ARTICLE UNLESS NAME OR SERVICEIS TION OF SECTION 1018 TIONS WITHOUT CHARGECONTRACT FOR EXAMPLE AN PROVIDED TO THE CONSUMER SIDERATIONIN ADDITION TO CALL FORSOME CON AGREEMENTWHICH CALLS THE PURCHASE OF THE CONSUMER PRICE UNDER LIMITED WARRANTY THAT PROVIDES FORREPLACE PRODUCT OR WHICH IS ENTEREDINTO AT SOME DATE AFTERTHE PUR PROVIDE ONLY OF DEFECTIVEPARTS AND NO PORTION OF LABOR SEC CHASEOF THE CONSUMER TO WHICH IT APPLIES CHARGE CHARGES PART PRODUCT APPLIE IS SERVICE MENT TION 102C PROHIBIT PROHIBITSCONDITION THATTHE CONSUMER SERVICELABOR IDENTIFIEDBYTHE WARRANTOR TO USE ONLY CONTRACT AN AGREEMENTWHICH RELATES RELATEONLY TO THEPERFORMANCE INSTALLTHE REPLACE OF MAINTENANCE ANDOR INSPECTION SERVICE AND WHICH IS NOT AN SERVICES MENT PART WARRANTOR OR HIS DESIGNATED OR AFFIRMATIONWITH RESPECTTO PARTS REPRESENTATIVE MAY UNDERTAKING PROMISE SPECI NOT PROVIDE IN MANNER WHICH IM FIED LEVELOF PERFORMANCE OR THAT THEPRODUCT IS FREEOF DEFECTS DEFECT PART UNDER THE WARRANTY PARTS OR THE CHOICE BY THE CONSUMER OF THE PERSON IN MATERIALS MATERIAL OR WORKMANSHIP IS SERVICE CONTRACT PEDES PEDE AN AGREE PRECLUDES PRECLUDE OR BUSINESS LABORTO INSTALLSUCHPARTS BUSINES TO PERFORM MENT TO PERFORM AND INSPECTION NECESSARY PART OF PRODUCT PERIODIC CLEANING NO WARRANTOR MAY CONDITIONTHE CONTINUEDVALIDITY OF OVER OFTIME EVEN WHEN OFFEREDAT THE TIME SPECIFIED PERIOD SERVICE ANDOR OF SALE AND WITHOUTCHARGE TO THE CONSUMER IS AN OF WARRANTYON THE USE OF ONLYAUTHORIZED REPAIR LEH SERVICE AND MAIN AUTHORIZEDREPLACEMENT SUCH SERVICECONTRACT PARTFORNONWARRANTY PARTS TENANCE FOR EXAMPLE SUCH AS THIS THI PROVISION PROVISIONS WARRANTYIS 70012 EFFECTIVE DATE OF 16 CFR PARTS PART 701 AND 702 VOID IF SERVICEIS PERFORMED BY ANYONE OTHERTHAN AN AUTHO THE STATEMENTOF BASIS BASI AND NQO OFTHE FINALRULES RULE PRO RIZED ABC DEALERAND ALLREPLACEMENT PART MUST BE GENUINE PARTS ON DECEMBER 31 1975 THATPARTS MULGATED 701 AND PROVIDE PROVIDES PART ABC WHERETHE SERVICEOR PART AND THE LIKE ARE PROHIBITED PARTS 702 OF THIS THI CHAPTER WILLBECOME EFFECTIVEONE YEAR AFTERTHE VIOLATE PART ARE NOT COVERED BY THE WARRANTYTHESE PROVISIONS PARTS PROVISION DATE OF PROMULGATION DECEMBER 31 1976 THE COMMISSION THE ACT IN TWO WAYS THE SECTION VIOLATE 102 BAN FIRST WAY THEY INTEND THIS INTENDS THI TO MEAN THAT THESE RULES RULE APPLY ONLYTO WRITTEN ARE AGAINST TYINGARRANGEMENTS ARRANGEMENT SECOND SUCH PROVISIONS PROVISION DECEP WARRANTIES WARRANTIEON PRODUCTS MANUFACTURED AFTER DECEMBER 31 1976 PRODUCT TIVEUNDER SECTION110 OFTHEACT BECAUSE WARRANTOR CANNOT UNDER WRITTEN WARRANTY LIABILITY CONSUMER OF UNAU BY PART 701DISCLOSURE THORIZED ARTICLES ARTICLE OR SERVICETHIS THI DOES DOE NOT PRECLUDE WARRAN CONSUMER PRODUCT TOR FROM EXPRESSLY FOR DEFECTS DEFECT OR DAMAGE EXCLUDING LIABILITY AND CONDITION CONDITIONS CAUSEDBYSUCH UNAUTHORIZED ARTICLES ARTICLE OR SERVICENOR DOES DOE IT THE WARRANTOR FROM DENYING WHERE THE WAR PRECLUDE LIABILITY AS MATTER WHERE OF LAW AVOID DEFECT IS UNRELATED TO THE USE RANTOR CAN DEMONSTRATE THATTHEDEFECTOR 70011 DAMAGEWAS SO CAUSED ITT WARRANTYSERVICE CONFLACTAND INSURANCEDIS FORPURPOSES UNDER THE ACT TINGUISHED PURPOSE OF COMPLIANCE THE ACT TWO TYPES RECOGNIZE RECOGNIZES TYPE OF AGREEMENTS AGREEMENT WHICH MAY SIMILAR COVERAGEOF CONSUMER PROVIDE PRODUCTTHE WRITTEN PRODUCTS WARRANTYAND THE SERVICECONTRACT IN ADDITIONOTHER AGREE MENT MENTS DEFINITION OF EITHER WRITTEN DEFINITIONS MAY MEET THE RYH OR WARRANTY SERVICE CONTRACTBUT ARE SOLD AND OF ITF WARRANTY TERM TERMS SEC 7011 DEFINITION DEFINITIONS 7012 SCOPE 7013 WRITTENWARRANTYTERMS TERM 7014 OWNER REGISTRATION CARD CARDS AUTHORITY SOURCE USC 2302 AND 2309 40 FR 60188 DEC 31 1975 UNLESS UNLES OTHERWISE NOTED REGULATED UNDER STATE LAW AS CONTRACTS CONTRACT OF INSURANCE ONE EXAMPLE IS THE 1H DEFINITION DEFINITIONS AUTOMOBILEBREAKDOWNINSURANCEPOLICIES SOLDIN MANY JURISDIC POLICIE THE ACT MEANS MEAN THE MAGNUSONMOSS FEDERAL MAGNUSONMOS WARRANTY TION AND REGULATED TIONS BYTHE STATE AS FORM OF CASUALTY TRADE COMMISSIONIMPROVEMENT ACT 15 USC 2301 ET SEQ CCN CONSUMER PROTECTIONCLE 88 QMOS QMOSS RAN RULE RULES APPX 16 CFR 7013 CONSWNERPRODUCT MEAN MEANS ANY TANGIBLE PERSONAL PROPERTY 7012 USED THE WHICH IS DISTRIBUTEDIN COMMERCE AND WHICH IS NORMALLY FORPERSONAL OR HOUSEHOLD ANY SUCH FAMILY PURPOSE INCLUDING PURPOSES INTENDED TO BE ATTACHEDTO OR INSTALLEDIN ANY REAL PROPERTY TO WHETHERIT IS SO ATTACHEDOR IN WITHOUT REGARD PROPERTY FORCOMMERCIALOR SOLELY PURCHASED FORPURPOSES THI PART EXCLUDEDSOLELY PURPOSE OFTHIS STALLEDPRODUCTS PRODUCTWHICH ARE INDUSTRIALUSE ARE WRITTENTYH MEAN MEANS MADE ANYWRITTENAFFIRMATIONOFFACTOR WRITTENPROMISE IN CONNECTIONWITH THE SALE OF CONSUMER PRODUCT BY SUP TO RELATE TO THE NATURE OF THE MATERIALOR BUYERWHICH RELATES PLIER AND AFFIRMS AFFIRM OR PROMISES WORKMANSHIP PROMISETHAT SUCH MATERIALOR IS DEFECTFREE OR WILL MEET LEVELOF SPECIFIED WORKMANSHIP OVER OF TIME OR SPECIFIED PERIOD PERFORMANCE SCOPE IN THIS THI PARTESTABLISHREQUIREMENTS FORWAR REGULATIONS REGULATION REQUIREMENT RANTOR FORDISCLOSING RANTORS THE TERMS TERM AND CONDITIONS CONDITION OFWRITTENWAR TIE TIES ON CONSUMER THE CONSUMER PRODUCT PRODUCTS ACTUALLY COSTING MORE THAN S1500 TERM TERMS WRITTEN WARTANTY 7013 TO CONSUMER MEAN OF ANY WARRANTOR WARRANTING BY MEANS THE CON WRITTENWARRANTY CONSUMER PRODUCT ACTUALLY COSTING AND CONSPICUOUSLY SUMER MORE THAN S1500 SHALL DIS CLEARLY CLOSE IN DOCUMENT IN SIMPLE AND READILY UNDERSTOOD SINGLE THE INGH LANGUAGE THE ITEMS OF INFORMATION ITEM PARTIETO WHOM THE WRITTEN PARTIES OF THEPARTYOR IDENTITY IS EXTENDED IF THE ENFORCEABILITY OF THE WRITTENWAR WARRANTY CONSUMER OR IS OTHER RANTYIS LIMITED TO THEORIGINAL PURCHASER IN CONNECTIONWITH THE SALE IN WRITING ANY UNDERTAKING WISE LIMITED TO PERSONS OWNER DUR PERSON OTHERTHAN EVERYCONSUMER TO REFUND OF CONSUMER BY SUPPLIER PRODUCT REPAIR REPLACE THE TERM OF THE WARRANTY ING OR TAKE OTHER REMEDIAL ACTIONWITH RESPECT TO SUCH PRODUCT IN CLEARDESCRIPTION AND IDENTIFICATION OF PRODUCTS PRODUCTOR PARTS PART THE EVENT THATSUCHPRODUCT FAIL TO MEET THE SPECIFICATIONS FAILS SET SPECIFICATION OR CHARACTERISTICS OR COMPONENTS OR PROPERTIES COVEREDBYAND CHARACTERISTIC COMPONENT PROPERTIE FORTHIN THE UNDERTAKING WHICH WRITTENAFFIRMATION PROMISE WHERE EXCLUDED FROM THE WARRANTY NECESSARY FORCLARIFICATION BASI OF THE BARGAIN BE OR UNDERTAKING BECOME PARTOF THE BASIS BECOMES STATEMENT OFWHAT THE WARRANTOR WILLDO IN THE EVENT TWEEN AND BUYERFORPURPOSES PURPOSE OTHERTHAN RESALEOF SUPPLIER OF DEFECTMALFUNCTION OR FAILURE TO CONFORM WITH THE WRITTEN SUCHPRODUCT MEAN MEANS AN IMPLIED UN WARRANTYARISING IMPLIEDWARRANTY DER STATE LAW AS MODIFIED BYSECTIONS SECTION 104A AND 108 OF THE OF CONSUMER ACT IN CONNECTIONWITH THE SALE BY SUPPLIER PRODUCT MEAN MEANS WHICHEVER OF THE FOLLOWING ACTION THE ACTIONS REMEDY WARRANTOR ELECTS ELECT REPAIR THATTHE WARRANTOR REFUND EXCEPT MAY NOT ELECTREFUND UNJES UNJESS PAIRIS NOT THE CONSUMER MEAN MEANS SUPPLIER MAKING IS UNABLE TO AND RE PROVIDE REPLACEMENT OR CANNOT BE MADE TIMELY COMMERCIALLY PRACTICABLE WARRANTOR OR II CONSUMER CONSUMER CONSUMERS WHICH THE WARRANTOR WILLNOT PAY FOROR PROVIDE THE POINT IN TIME OR EVENT ON WHICH THE WARRANTYTERM IF DIFFERENTFROMTHE PURCHASE DATE AND THE TIME COMMENCE COMMENCES OF WARRANTY DURATION PERIOD OF THE PROCEDURE WHICH STEPBYSTEP EXPLANATION OR CONSUMER OR REPLACEMENT THE THEITEMS ITEM OR SERVICES SERVICE THEWARRANTOR WILLPAY WARRANTYINCLUDING FOR OR PROVIDE AND WHERE NECESSARYFOR CLARIFICATION THOSE OTHER MEASUREMENT SHOULD FOLLOW IN ORDERTO OBTAIN THE OF ANY PERFORMANCE THE PERSONS CLAS OF PERSONS WARRANTY OBLIGATION INCLUDING PERSON OR CLASS PERSON AUTHORIZEDTO PERFORM THI THIS INCLUDE THE WARRANTY OBLIGATIONS INCLUDES OBLIGATION WITH THE MAILING AD NAMES OF THE WARRANTORS NAME WARRANTOR TOGETHER THE NAME OR TITLEAND THE DRESSE OF THE WARRANTORS DRESSES WARRANTOR LOR OF THE WARRANTOR RE ADDRES OF ANY EMPLOYEE ADDRESS OR DEPARTMENT FOR THE PERFORMANCE OF WARRANTYOBLIGATIONS ANDOR SPONSIBLE OBLIGATION TO ACCEPT SUCH REFUND WILLING NUMBER WHICH CONSUMER CONSUMERS USE WITHOUT TELEPHONE MAY CHARGE IN THE BUSINESS BUSINES OF ANY PERSON ENGAGED TO OBTAIN INFORMATIONON WARRANTY PERFORMANCE OR TO DIRECTLYINDIRECTLYAVAILABLE PRODUCT INFORMATION THE OF INFORMAL IS RESPECTING AVAILABILITY ANY SETTLEMENTMECHANISM ELECTEDBYTHEWARRANTOR IN COM DISPUTE RQ OR OTHERPERSONWHO GIVE MEAN MEANS ANY SUPPLIER GIVES WITH PART 703 OFTHIS THI SUBCHAPTER PLIANCE OR OFFERS OFFER TO GIVE WRITTENWARRANTY LIMITATION ON THE DURATIONOF IMPLIED LIMITATIONS WARRANTIE WARRANTIES ANY CONSUMER MEANS MEAN BUYER OTHERTHAN FOR PURPOSES PURPOSE OF DISCLOSEDON THE FACEOF THE WARRANTYAS PROVIDED IN SECTION RESALEOR USE IN THE ORDINARY COURSE OF THE BUYERS BUYERBUSINESS BUSINES OF 108 OF THE THE FOLLOWING STATEMENT ACT ACCOMPANIED BY IS ANY CONSUMER PRODUCT ANY PERSON TO WHOM SUCH PRODUCT SOME STATES STATE DO NOT ALLOWLIMITATIONS TRANSFERRED THE DURATIONOF AN IMPLIED OR WRITTENWAR LIMITATION ON HOW LONG AN IMPLIED WARRANTY DURING LAST SO THE ABOVE LIMITATION MAY NOT APPLY LASTS TO YOU TO THE AND OTHERSUCH PERSON RANTYAPPLICABLE PRODUCT ANY OR UNDER WHO IS ENTITLEDBYTHE TERMS TERM OFSUCHWARRANTY EXCLUSIONOF OR LIMITATIONS LIMITATION ON RELIEFSUCHAS INCIDEN APPLICA ANY EXCLUSIONS BLE STATELAW TO ENFORCEAGAINST THE WARRANTOR THE OBLIGATIONS OBLIGATIONTAL OR CONSEQUENTIAL DAMAGEACCOMPANIED DAMAGES BY THE FOLLOWING OFTHEWARRANTY STATEMENT WHICH MAY BE COMBINED WITH THE STATEMENT IN PARAGRAPH OFTHIS THI SECTION QUIRED A7 ON THEFACE MEAN MEANS OFTHEWARRANTY SHEETWITH PRINTING ON WHERE THE WARRANTYIS SINGLE OF BOTHSIDES SIDE OF THE SHEET OR WHERE THE WARRANTYIS COMPRISED TEXT MORE THAN ONE SHEET THE PAGE ON WHICH THE WARRANTY BEGIN BEGINS WHERE THE WARRANTY IS INCLUDEDAS PARTOF LARGER DOCU USE AND CARE MANUAL THE PAGE IN SUCH DOCU MENT SUCH AS MENT ON WHICH THEWARRANTY TEXT BEGINS BEGIN RE SOME STATES STATE DO NOT ALLOWTHE EXCLUSIONOR LIMITATION OF OR CONSEQUENTIAL DAMAGE SO THE ABOVE LIMITATION OR EXCLUSIONMAY NOT DAMAGES TO YOU APPLY STATEMENT IN THE FOLLOWING LANGUAGE THIS WARRANTY GIVES THI GIVEYOU SPECIFIC LEGAL RIGHTAND YOU MAY ALSO HAVE RIGHTS OTHERRIGHTS RIGHTWHICH VARY FROM STATETO STATE 551 CONSUMER PROTECTIONCLE 2001009 89 LAW CONSUMERTYH 7014 16 CFR APPL THI SECTIONSHALLNOT WARRANTOR MEAN MEANS OR OTHERPERSONWHO GIVES ANY SUPPLIER GIVE PARAGRAPHS THROUGH OF THIS PARAGRAPH ON OR OFFERS OFFER TO GIVE WRITTENWARRANTY TO STATEMENT STATEMENTS OF WITH GENERAL POLICY APPLICABLE RESPECT LER MEANS MEAN SELL OR OFFERS OFFER FOR SALE FOR SEAL OR INSIGNIAS SEALS ANY PERSONWHO SELLS PARTIEPROMISING LEM LEMS INSIGNIAISSUED BYTHIRD PARTIES COURSE OF THE WHICH OTHER THAN RESALE OR USE IN THE CONSUMER IS TQIVE ORDINARY OR REFUNDIF PURPOSE PURPOSES PRODUCT REPLACEMENT OFTHE BUSINES BUSINESS CONSUMER OR ASSURANCE STATEMENT CONTAINNO REPRESENTATION STATEMENTS QUAL BUYERS BUYER ANY PRODUCT IN THE BUSINESS BUSINES OF PMVIDED THAT MEAN MEANS OFTHEPRODUCT ANY PERSON ENGAGED CHARACTERISTIC CHARACTERISTICS SUPPLIER ITYOR PERFORMANCE OR INDIRECTLY AVAILABLE TO CONSUMER DIRECTLY THE DISCLOSURES DISCLOSUREREQUIRED THROUGH MAKING PRODUCT BYPARAGRAPHS PARAGRAPH BE ARE OFTHIS THI SECTION OF IN EACHISSUE BYSUCHTHIRDPARTIES PARTIE PUBLISHED AND CIRCULATION GENERAL WITH PUBLICATION SURE SURES ARE FREEOF CHARGE TO ANY CONSUMER PROVIDED SUCHDISCLO UPON WRIT TEN REQUEST CONSUMER CONSUMERS FR 60189 DEC 31 1975 12 1987 7022 7014 OWNER WHEN CARD CARDS REGISTRATION EMPLOYANY EMPLOYS WARRANTOR CARD SUCH AS CARD OR CARD WARRANTYREGISTRATION REGISTRATION AN OWNER OWNERS THE LIKE AND AS AMENDED AT 52 FR 7574 MAR SCOPE THE IN THIS THI PART ESTABLISHREQUIREMENTS FOR REGULATION REGULATIONS REQUIREMENT WARRANTOR FORMAKING THE TERMS TERM OF ANY WRITTEN WAR ERS AND WARRANTORS CONSUMER AVAILABLE TO THE CONSUMER RANTYON PRODUCT PRIOR TO WARRANTY THE RETURN OF SUCH CARDIS CONDITION PRECEDENT TO SALE THI THE WARRANTOR SHALLDISCLOSETHIS COVERAGEAND PERFORMANCE OF WRITTEN WARRANTYTERMS TERM PRESALE ILITYH FACT IN THE WARRANTY THE RETURN OF SUCH CARD REASONABLY 7023 TO CONSUMER AC TO WARRANTY AND THE TO BE CONDITION PRODUCT PRODUCTS COVERAGE FOLLOWING REQUIREMENT REQUIREMENTS APPLY APPEAR APPEARS PRECEDENT BUT PERFORMANCE IS CONDITIONTHATFACT SHALLBE SUCH NOT DISCLOSEDIN THEWARRANTY PART AVAILABILITY 702PRESALE WRFLTEN WARRANTY OF TERM TERMS THE CONSUMER MORE THAN 1500 TUALLY COSTING DUTIE OF DUTIES SELLER AS PROVIDED IN PARAGRAPHS EXCEPT PARAGRAPHTHROUGH WITH OF THIS THI SECTIONTHE SELLEROF CONSUMER PRODUCT WRITTENWARRANTY SHALLMAKE TEXTOF THEWARRANTY AVAIL READILY ABLE FOREXAMINATION BYTHE PROSPECTIVE BUYER BY TO THE WARRANTEDPROD IT IN CLOSE PROXIMITY DISPLAYING UCT OR SEC 7021 DEFINITION DEFINITIONS 7022 SCOPE 7023 LEH TERM OF WRITTEN WARRANTYTERMS AVAILABILITY 15 USC AUTHORITY SOURCE 2302 AND 2309 60189 40 FR DEC 31 UNLES OTHERWISE 1975 UNLESS NOTED 7021 UPON REQUEST DUNE OFTHE DUNES WARRANTOR WHO WARRANTOR WRITTENWARRANTYWARRANTING TO UCT THE CONSUMER ACTUALLY COSTING CONSUMER MORE CONSUMER THAN 1500 GIVES GIVE PROD SHALL PROVIDESELLERS SELLERWITH WARRANTY MATERIAL NECESSARY MATERIALS FORSUCH DEFINITION DEFINITIONS FEDERAL MAGNUSONMOSSWARRANTY MAGNUSONMOS 15 USC ET 2301 ACT SEQ IMPROVEMENT THE ACT MEANS MEAN TRADE COMMISSION THE CONSUMERPRODUCT MEAN MEANS PROPERTY TANGIBLE PERSONAL USED NORMALLY FORPERSONAL ANY SUCH FAMILYOR HOUSEHOLDPURPOSES PURPOSE INCLUDING WHICH IS DISTRIBUTEDIN COMMERCE ANY SELLER TO SELLERS FORCOMMERCIAL PRODUCTSWHICH ARE PURCHASED PRODUCT STALLED SOLELY FORPURPOSES THI PART ARE EXCLUDEDSOLELY PURPOSE OF THIS WRITTEN MEAN MEANS WARRANTY MADE ANYWRITTENAFFIRMATIONOFFACTOR WRITTENPROMISE INDUSTRIALUSE COMPLYWITH THE SET FORTH IN PARAGRAPH REQUIREMENTS REQUIREMENT OR MORE BYTHE FOLLOWING OFTHIS THI SECTIONBYTHE USE OF ONE MEAN MEANS AND WHICH IS PROPERTYINTENDED TO BE ATTACHEDTO OR INSTALLEDIN ANY REAL TO WHETHER IT IS SO ATTACHEDOR IN PROPERTYWITHOUT REGARD OR IT UPON REQUEST TO SALE AND PLACING SIGN SIGNS FURNISHING PRIOR CALCULATED TO ELICIT THE REASONABLY PROSPECTIVE BUYERATTEN BUYERS TION IN PROMINENT LOCATION IN THE STORE OR DEPARTMENT LOCATIONS ADVI ADVIS OF WARRANTIES WARRANTIE INGSUCH PROSPECTIVE BUYEROF THE AVAILABILITY BUYERS PROVIDINGCOPYOF THEWRITTENWARRANTYWITH EVERYWAR OR PRODUCT LABELDECALOR OTHERATTACH PROVIDINGTAG SIGNSTICKER RANTEDCONSUMER MENT TO THE WHICH PRODUCT CONTAIN THE FULLTEXT OF THE WRITTEN CONTAINS WARRANTYANDOR ON PRINTING OR OTHERWISEATTACHING THE TEXT OF THE WRITTEN TO THEPACKAGE WARRANTY CARTONOR OTHERCONTAINER IF THATPACK CARTON OR OTHER USEDFORDISPLAY CONTAINER IS NORMALLY AGE PUR IN CONNECTIONWITH THE SALEOF CONSUMER THE WARRANTOR ELECTS ELECT THIS THI OPTION COPYOF THEWRITTEN PRODUCT BY SUP POSE POSES TO WHICH RELATES RELATE TO THE NATURE OF THE MATERIALOR MUST ALSOACCOMPANYTHEWARRANTED ANDOR PLIER BUYER WARRANTY PRODUCT THE TEXT OF AND AFFIRMS AFFIRM OR PROMISES PROVIDINGNOTICESIGNOR POSTER DISCLOSING WORKMANSHIP PROMISETHAT SUCH MATERIAL OR LEVELOF CONSUMER ELECT THIS THI OP IS DEFECTFREE OR WILL MEET SPECIFIED PRODUCT WARRANTYIF THE WARRANTOR ELECTS WORKMANSHIP OVER OF OR OF THEWRITTEN MUST ALSO TION COPY PERFORMANCE SPECIFIED PERIOD TIME WARRANTY ACCOMPANYEACH IN IN CONNECTION WITH THE SALE WARRANTED ANY UNDERTAKING WRITING PRODUCT OF CONSUMER TO REFUNDREPAIR PROVIDE CATALOG MAIL ORDER AND DOORTODOOR SELLERS SELLER BY SUPPLIER PRODUCT REPLACE IN WITH COPIES OR TAKE OTHERREMEDIAL ACTIONWITH RESPECT TO SUCH PRODUCT WARRANTIE NECESSARY FOR SU SELLERTO SELLERS COPIEOF WRITTENWARRANTIES SET WITH THE REQUIREMENTS THE EVENT THATSUCHPRODUCT FAIL TO MEET THE SPECIFICATIONS FAILS SET FORTHIN PARAGRAPHS COMPLY SPECIFICATION REQUIREMENT PARAGRAPH AND OFTHIS THI SECTION FORTHIN THE UNDERTAKING OF THIS THI SECTIONSHALLNOT BE APPLICABLE PARAGRAPH A1 WHICH WRITTENAFFIRMATION OR UNDERTAKING BECOME BECOMES PROMISE WITH RESPECT TO STATEMENTS STATEMENT OF GENERAL ON EMBLEMS SEAL EMBLEM SEALS POLICY AND BUYER BASI OF THEBARGAIN BETWEEN SUPPLIER PARTOFTHEBASIS OR INSIGNIAS ISSUED BY THIRD PARTIES OR INSIGNIA PARTIEPROMISING REPLACEMENT FORPURPOSES PURPOSE OTHER THAN RESALEOFSUCHPRODUCT REFUNDIF CONSUMER IS DEFECTIVE WHICH STATEMENTS STATEMENT PRODUCT 552 CONSUMER PROTECTIONCLE 90 ACT RULES RULE WARRANTY MAGNUSONMOSS MAGNUSONMOS APPX 16 CFR 7031 OR CONTAIN NO REPRESENTATION OR ASSURANCE OF THEQUALITY PERFOR PART 703INFORMAL THAT CHARACTERISTICOFTHE PRODUCT CHARACTERISTICS PROVIDED THE DISCLOSURES DISCLOSUREREQUIRED BY THI PARTARE THIS THROUGH OF 7013A IN EACH ISSUEOF PARTIE PUBLISHED BYSUCHTHIRD PARTIES AND WITH GENERAL CIRCULATION PUBLICATION FREEOF CHARGE TO ANY CON SUCH DISCLOSURES DISCLOSUREARE PROVIDED SUMER UPON WRITTEN REQUEST AND MAIL ORDERSALES SALE CATALOG MEAN ORDERSALES SALE MEANS ANY OFFERFOR SALEOR FOR CONSUMER WITH SOLICITATION FOR AN ORDER PRODUCT ANY INSTRUCTIONFOR ORDERING THE WRITTENWARRANTYWHICH INCLUDES INCLUDE INSTRUCTIONS NOT VISIT REQUIRE PERSONAL TO THE SELLERS SELLER ESTABLISHMENT CLOSECONJUNCTION MEAN MEANS OF THE SCRIPTION ON SEC 7031 DEFINITION DEFINITIONS 7032 DUTIE OFWARRANTOR DUTIES ORDERSOLICITATION SHALL MECHANISM OF MEMBERS MEMBER QUALIFICATION 7035 7036 OF THE MECHANISM OPERATION RECORDKEEPING 7037 AUDIT AUDITS 7038 OF RECORDS RECORDAND PROCEEDINGS OPENNESS OPENNES PROCEEDING AUTHORITY SOURCE NOTED 7031 THE FULLTEXT OF THEWRITTENAQNT OR THAT THE WRITTENWARRANTYCAN BE OBTAINED FREE UPON WRITTENREQUESTAND THE ADDRESS ADDRES WHERE SUCH WARRANTY SPECIFIC THI OPTION IS ELECTED SUCH SELLERSHALL CAN BE OBTAINED IF THIS PROMPTLY PROVIDECOPY OF ANY 15 USC 2309 AND 2310 44 FR 60215 DEC 31 1975 UNLESS UNLES OTHERWISE THE MAGNUSONMOSS MAGNUSONMOS WARRANTYFEDERAL USC ACT 2301 ER SEQ IMPROVEMENT CONSUMERPRODUCT MEAN MEANS ANY TANGIBLE PERSONAL PROPERTY WHICH IS DISTRIBUTEDIN COMMERCE AND WHICH IS NORMALLY USED FORPERSONAL FAMILYOR HOUSEHOLDPURPOSES PURPOSE INCLUDING ANY SUCH MEAN MEANS TRADE COMMISSION INTENDED TO BE ATTACHEDTO OR INSTALLEDIN ANY REAL PROPERTY WITHOUT REGARD TO WHETHERIT IS SO ATTACHEDOR IN PROPERTY STALLED WRITTEN TQYH WRITTENWARRANTYREQUESTED BY IN THE CONSUMER ORGANIZATION DEFINITION DEFINITIONS THE ACT AND CONSPICUOUSLY DISCLOSEIN SUCH CATALOG OR SO CLEARLY LICITATIONIN CLOSECONJUNCTION TO THE DESCRIPTION OF WARRANTED OR SOLICITA OR IN AN INFORMATIONSECTIONOFTHE CATALOG PRODUCT TION CLEARLY REFERENCED INCLUDINGPAGE NUMBERIN CLOSECON OF THE WARRANTEDPRODUCT EITHER TO THE DESCRIPTION JUNCTION MECHANISM 7034 OR ON THE PAGE FACING THAT WARRANTEDPRODUCT OFFER FORSALETO CONSUMERS CONSUMER CONSUMER ANY SELLERWHO OFFERS MEAN MEANS OF OR MAIL WITH WRITTEN WARRANTIE WARRANTIES BY CATALOG PRODUCT PRODUCTS OF THE 7033 THE PAGE CONTAINING THE DE PAGE REQUIREMENT REQUIREMENTS MINIMUM OF THIS THI FOR PURPOSE PURPOSES PARAGRAPH OR MAIL CATALOG WHICH DO PRODUCT DISPUTE PROCEDURES PROCEDURE 1TL MEAN MEANS MADE ANY WRITTENAFFIRMATIONOFFACTOR WRITTENPROMISE CONNECTION WITH THE SALEOF CONSUMER PRODUCT BY SUP TO WHICH RELATES RELATETO THE NATURE OF THE MATERIALOR PLIER BUYER AND AFFIRM AFFIRMS OR PROMISES WORKMANSHIP PROMISETHATSUCH MATERIAL OR IS DEFECTFREE OR WILL MEET LEVEL OF WORKMANSHIP SPECIFIED SOLICIT THE SOLICITS WHICH THE SELLEROR HIS REPRESENTATIVE PERSONALLY OVER OF TIME OR PERFORMANCE SPECIFIED PERIOD AN INVITATION SALE INCLUDING THOSE IN RESPONSETO OR FOLLOWING IN WRITING IN CONNECTIONWITH THE SALE ANY UNDERTAKING TO IS AND THE TO OFFER BUYER AGREEMENT BUYERS PURCHASE BY BUYER OF CONSUMER PRODUCT TO REFUND BY SUPPLIER REPAIR REPLACE MADE AT OTHERTHAN THE PLACE OF BUSINESS BUSINES OF THESELLER PLACE OR TAKE OTHER REMEDIAL ACTION WITH RESPECT TO SUCHPRODUCT IN MEAN MEANS AN INDIVIDUAL SOLICITED II PROSPECTIVE BY DOOR BUYER THE EVENT THAT SUCH PRODUCT FAIL TO MEET THE SPECIFICATIONS FAILS SET SPECIFICATION WHO INDICATES INDICATE SUFFI TODOOR SELLERTO BUY CONSUMER PRODUCT FORTH IN THE UNDERTAKING WHICH WRITTEN AFFIRMATION PROMISE CIENT INTEREST OR MAINTAINS MAINTAIN SUFFICIENT IN THAT CONSUMER PRODUCT OR BECOME BECOMES BASI OF THE BARGAIN BE UNDERTAKING PART OF THE BASIS CONTACT WITH THE SELLERFORTHE SELLERREASONABLY TO CONCLUDE TWEEN AND FOR OTHER THAN RESALE OF SUPPLIER BUYER PURPOSES PURPOSE THAT THE PERSONSOLICITEDIS CONSIDERING THE PROD PURCHASING SUCH PRODUCT SALE FOR PURPOSES THI PARAGRAPH DOORTODOOR SALES PURPOSE OFTHIS MEAN SALE OF CONSUMER IN DOORTODOOR SALEMEANS PRODUCT PRODUCTS UCT OFFER FORSALE TO ANY SELLERWHO OFFERS CONSUMER CONSUMERS CONSUMER WARRANTOR MEAN MEANS OFFER TO GIVE ANY PERSONWHO GIVES GIVEOR OFFERS WRITTENWARRANTY WHICH INCORPORATES AN INFORMALDISPUTE SETTLE INCORPORATE MENT MECHANISM WITH WRITTENWARRANTIES WARRANTIE BY MEANS MEAN OF DOORTODOOR PRODUCTS PRODUCT THE SALE SHALLPRIOR SALES TO THECONSUMMATION OFTHE SALEDISCLOSE MECHANISM MEAN MEANS AN INFORMALDISPUTE SETTLEMENTPROCE WARRANTIE FACTTHAT THE SALES SALE REPRESENTATIVE HAS COPIES COPIEOF THE WARRANTIES DURE WHICH IS INCORPORATED INTO THE TERMS TERM OF WRITTENWAR FORTHE WARRANTEDPRODUCTS PRODUCT BEINGOFFEREDFORSALEWHICH MAY RANTY TO WHICH ANY PROVISION OF TITLE OF THE ACT APPLIES APPLIE AS BE INSPECTED AT ANY TIME DURING THE BY THE PROSPECTIVE BUYER IN ONH 110 OF THEACT PROVIDED SALE PRESENTATION SALES SUCH DISCLOSURE SHALL BE MADE ORALLY AND RQSH MEAN MEANS THE PERSON OR PERSONS PERSON WITHIN MECHA SHALLBE INCLUDEDIN ANY WRITTENMATERIALS MATERIAL SHOWN BUYER BUYERS TO PROSPECTIVENISM ACTUALLY DECIDING DISPUTE DISPUTES SUMER FR 60189 DEC 31 1975 AS AMENDED AT 12 1987 52 FR 7574 MAR BUYER OTHERTHAN FORPURPOSES PURPOSE OF PRODUCT ANY PERSON TO WHOM SUCH IS TRANSFERRED THE DURATIONOF WRITTEN WAR PRODUCT DURING TO THE AND ANY OTHERPERSONWHO IS RANTY APPLICABLE PRODUCT ENTITLEDBY THE TERMS TERM OF SUCH WARRANTYOR UNDER APPLICABLE STATE LAW TO ENFORCE THE WARRANTOR THE OBLIGATIONS OF AGAINST OBLIGATION RESALEOF MEAN MEANS ANY CONSUMER THE WARRANTY ON THEFACE MEANS MEAN OFTHE WARRANTY 553 CONSUMER RI PROTECTIONCLE 91 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT 92 BLANK JH III LI JIB IH FT 43 2S UI AE CONSUMER PROTECTIONCLE 93 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 94 CV 00 IC OG JT J1TH 1Q JITIJI CONSUMER UH PROTECTIONCLE 95 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 96 11 FI CE CU 00 ZU CC 03 SE2 O0Z HI 00 SC CO NS URNER PROTECTIONCLE 2001009 97 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT INTENTIONALLY 98 BLANK AU0 00 11 J1I LI CONSUMER RI P1 IH PROTECTIONCLE FF1 LL 99 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT 100 BLANK 4502608 THE BUYER REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART OF LOT OR COMMERCIAL UNIT WHOSE NONCONFORMITY SUBSTANTIALLY MAY REVOKE ACCEPTANCE IT HAS ACCEPTED IRSH ITS VALUE TO THE BUYERIF THE BUYER SEC 4502608 THATITS NONCONFORMITY WOULDBE CUREDAND IT HAS NOT ON THE REASONABLEASSUMPTION CUREDOR SEASONABLY WAS REASONABLY OF THE NONCONFORMITY IF THE BUYERS WITHOUT DISCOVERY BUYER ACCEPTANCE OF DISCOVERY BEFORE ACCEPTANCE OR BY THE SELLERS SELLER INDUCED EITHER BY THE DIFFICULTY BEEN ASSURANCE ASSURANCES REVOCATION OF ACCEPTANCE MUST OCCUR WITHIN REASONABLETIME AFTERTHE BUYER FORIT AND BEFORE SUBSTANTIAL CHANGE IN DISCOVERSOR SHOULDHAVE DISCOVEREDTHE GROUND DISCOVER CONDITIONOFTHE GOODS DEFECT IT IS NOT EFFECTIVE UNTIL THE GOODWHICH IS NOT CAUSEDBY THEIR OWN DEFECTS NOTIFIE THE SELLEROF IT NOTIFIES BUYER REVOKE HAS THE SAME DUTIE WITH REGARD TO THE GOODS BUYERWHO SO REVOKES RIGHTAND DUTIES RIGHTS GOOD HAD REJECTED THEM 2608 CH 114 SLA 1962 INVOLVED AS IF THE BUYER NOTE NOTES TO FOR REVOCATION OF ACCEP NOTICE OF REVOCATION OF ACCEPTANCE UNDER NEED NOT BE IN ANY PARTICULAR FORM TO BE IT IS SUFFICIENT IT INFORMS INFORM THE SELLER THAT THE EFFECTIVE IS DISSATISFIED WITH THE GOODS DOE NOT WISH GOODAND DOES BUYER TO RETAIN THEM SUMNER LA INC 680 P2D 1109 ALASKA 1984 BREACH OF WARRANTY OF TITLE CONSTITUTES CONSTITUTE NON BREACH OF THE AS CONFORMITY CONSTITUTE WITHIN WARRANTY OF TITLE CONSTITUTES NONCONFORMITY THE MEANINGOF AS 4502608A SUMNER FELAIR NO TANCE THE FORM PARTICULAR COLLATERAL REFERENCES REFERENCE TIME FOR REVOCATION OF 65 ALR3D ACCEPTANCE OF GOODS GOODUNDERTJCC 354 MEASURE AND ELEMENTS ELEMENT OF BUYERS BUYER RECOVERJ UPON REVOCATION OF ACCEPTANCE OF GOODS GOOD UNDER 65 ALR3D 388 SEC SALE 4502609 IMPOSE IMPOSES AN DECISION DECISIONS INC 680 P2D OBLIGATION ALASKA 1984 NOT PRECLUDINGREVOCATION AN 4 MECHANIC MECHANICS ENCUMBRANCE HERE LIEN DID NOT SUCH MATERIAL DETERIORATION OF THE PROP REPRESENT WAS FROM REVOKING ITS ERTYTHAT THE BUYER PRECLUDED ACCEPTANCESUMNER FELAIR INC 680 P2D 1109 ALASKA 1984 CITED IN BENDIX HOME SYS 644 P2D 843 SSO ROHWEDER FLEETWOOD HOMES HOME OF OR 767 P2D 187 ALASKA 1989 ALASKA 1982 INC WHAT CONSTITUTE SUBSTANTIAL CONSTITUTES ENTI REVOKE HIS ACCEPTANCE OF GOODS GOOD UNDER TLINGBUYERTO UCC 26081 RIGHT TO ADEQUATEASSURANCE ON 1109 ENCUMBRANCE OF 38 ALR5TH 191 PERFORMANCE CONTRACT FOR EACH PARTY THAT THE OTHERS OTHER EXPECTATION OF RECEIVING DUE WILL NOT BE IMPAIREDIF REASONABLEGROUNDS ARISE WITH RESPECT PERFORMANCE GROUNDFORINSECURITY DEMAND ADEQUATE ASSURANCE WRITING OF DUE PERFORMANCE RECEIVE THIS THI ASSURANCE MAY IF COMMERCIALLY AND UNTIL THE PARTYRECEIVES FORWHICH THE PARTY HAS NOT ALREADY RECEIVED THE REASONABLESUSPEND ANY PERFORMANCE RETURN AGREED BETWEEN MERCHANTS MERCHANT THE REASONABLENESS REASONABLENES OFGROUNDS AND THE ADEQUACY GROUNDFORINSECURITY OF AN ASSURANCE OFFEREDSHALLBE DETERMINED ACCORDING TO COMMERCIAL STANDARDS STANDARD OF AN IMPROPERDELIVERY OR PAYMENT DOES DOE NOT PREJUDICE THE AGGRIEVED ACCEPTANCE TO DEMAND ASSURANCE OF FUTURE PARTYRIGHT PARTYS ADEQUATE PERFORMANCE AFTER RECEIPT OF JUSTIFIED WITHIN REASONABLETIME NOT DEMAND FAILURETO PROVIDE 30 DAYS OF DUE PERFORMANCE AS IS ADEQUATE UNDER THE EXCEEDING DAY SUCH ASSURANCE CIRCUMSTANCE OFTHE PARTICULAR CIRCUMSTANCES CASE IS OFTHE CONTRACT 2609 CH 114 SLA REPUDIATION TO THE PERFORMANCE OFEITHER PARTYTHE OTHERMAY IN 1962 NOTE NOTES TO THI SECTION THI SECTION MAY THIS AVAILABILITYOF THIS BE INVOKED ONLYIN SITUATIONS SITUATION WHERE PARTY TO AN CONTRACTHAS REASON TO BE CONCERNED ABOUT EXECUTORY CONSUMER JONCLE 2001009 DECISION DECISIONS WHETHER MANCE OR NOT ANOTHER PARTYWILL TENDER PERFOR DUE IN THE FUTURE SUMNER AIR INC 680 1109 ALASKA 1984 101 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 102 MURRAY CIT WHO ACQUIRED SHE CASE BANK TO ENTITLED TO 95 MOTOR P24 INC CO 823 AQC TO ARTICLE TO 28 1995 BANK HAD NO RIGHTPURSUANT PAID THE ITEM IN CASH ON AUGUST THE TO ACCOUNT ON THE CHECK WAS CREDITED TO BACK CHEEK THREE DAYS COPPLE COPPLES CHARGE DAY AFTER MONTH AFTER 1996 MORE THAN SIX MONTHS THE ACCOUNTOFCOPPLE ACCORDINGLY AUGUST MARCH WAS THE THE DATE WHEN THE SETTLE THE ITEM BOATMEN BOATMENS FINALLY PAIDBY 28 1995 MARKED RECEIVEDBECAMEFINALAND ITS PAYORBANK BACK OR OBTAIN REFUNDTER RIGHTTO CHARGE AFFIRMED AS COLLECTING BANK BANK HAD PART AND TO CHARGE NO RIGHTPURSUANTTO ARTICLE STRUCTION STRUCTIONS RNENT BANK RY JUDGMENT DEVOID OF ANY DAVID BACK THE CHECK TO COPPLES COPPLE ACCOUNT ON MARCH MORE THAN SIX MONTHS MONTH AFTERTHE ITEM 1996 DETERMINE TO AS REPRE EVIDENTIARY OF FACTIT ETHER BOATMEN FINALLY PAID BY BOATMENS WAS BANK COPPLE THE CHECK BANK TO WITHOUT REMEDY WAS LT BANK AGAINST COPPLEFOR BREACH WE THE COLLECTING FOR BANK HAS 12A THAT 1998 OK MOTOR NO CLAIM BOAT THE PAYOR FORTHE ITEM WHEN IT MENS SETTLED MEN PAIDTHE 1995 WHILE IT ITEM IN CASH ON AUGUST 28 BOATMENS BOATMEN AGAINST MATTER BETWEEN THE PAYOR BANK AND THE COL RIGHT HAS 2H LECTING FORTHE NO CLAIM AGAINST AN NO 89136 COURT OF CIVIL APPEALOF OKLAHOMA APPEALS DIVISION NO WE HOLD THATTHE TRIALCOURT CORRECTLY THE PAYOR BANK HOWEVERWE HOLD THAT THE IH COURTERREDWHEN IT GRANTED SUMMARY TO JUDGMENT RECEIVE RECEIVES BECAUSE BECOME BECOMES BANK THE COLLECTING BANK EXIST AS TO EXISTS SUBSTANTIALCONTROVERSY DEFECTIVE AUTOMOBILE BUYEROF ALLEGEDLY ACTION AGAINST RECOV SELLERSEEKING BROUGHT ERY UNDER THE UNIFORM COMMERCIAL CODE THE CONSUMER PROTECTIONACT AND UCC OF FRAUD THE DISTRICT COURT GENERAL THEORY JAME JAMES SUS OKLAHOMA COUNTY BLEVIN BLEVINS PERSONENTITLEDTO ENFORCETHE CHECK TO AND AS TAINED SELLER SELLERS DEMURRER EVIDENCE COLLECTING NALLYWE HOLD THAT BANK THE MATERIAL FACT OF WHETHER CUSTOMER WAS COPPLE FI PROVISION FINAL THE CREDIT CIRCUMSTANCE UNDER WHICH IT APPEAR APPEARS THATTHE CIRCUMSTANCES TIMELYSETTLEMENT PAYOR BANK THAT HAS MADE FOR AN ITEM MAY RETURN THE ITEM AND REVOKE THE SECTION SETTLEMENT ARE NOT PRESENT HERE 30 1A OF THE UCC PROVIDES PROVIDE PAYOR BANK SETTLE FOR DEMAND ITEM OTHER THAN DOCUMEN SETTLES CASE BECOME BECOMES OUNT OFTHE ADDITION BANK OKLA TO BOATMENS BOATMEN GRANTED SUMMARY JUDGMENT LOWING USUAL AN MAY 12 1998 19 IK WHEN THE OME OMES COMPANY DIXIE CORPORATION RELEASEDFORPUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS APPEALOF OKLAHOMA DIVISION NO4 SETTLEMENT VIDE VIDES APPELLANT HARRIS DBA HARRI MOTOR COMPANY INC AND AL TRUST COMPANY AS ISSUER BRIGHTTITLE OF BOND NO 0665 APPELLEE APPELLEES HOMA BOATMEN THE PAYOR BANK BOATMENS BECAME BECAMES CIV APP 69 AGAINST BANK BOATMEN FORWHATEVERREASON APPEARSTHAT BOATMENS APPEAR IS THE CHECKBACK TO BANK CHARGED REFUND IF IT IENT CLAIM PAYOR COPPLEHOWEVER HAS OFTHE RNENT OF HER TRANSFER JUNE MURRAY PLAINTIFF PLAINTIFFS BANK IS THAT LEM WAR WARRANTIE WARRANTIES CLEARLY AP WNER SHE TO ENFORCETHE ITEM PERSON ENTITLED CLAIM WAS NOT SO BANK HAS IF THIS THI CEOUNT AND GOODMAN CJ CONCUR THATSHE NT TO AUTHORITY IN IN WITH COPPLE WHEN TO RANTEDPURSUANT TO TAYT 20 PJ REMANDED DOE NOT LEAVE DOES THI HOLDING HOWEVERTHIS 17 TRANSFERREDTHE CHECK TO BANK ORITY THE PAYOR PART REVERSED IN DRAFTPRESENTED OTHERWISE THAN FORIMMEDI OF THE COUNTER BEFORE MIDNIGHT ATE PAYMENT OVER THE BANKING DAYOF RECEIPTTHE PAYOR BANK MAY THE SETTLEMENT REVOKE THE SETTLEMENTAND RECOVER IF BEFORE IT HAS MADE FINAL PAYMENT AND BEFORE AC AYOR BANK CONSUMER PROTECTIONCLE ITS RETURN THE ITEM RETURNS SENDS WRITTEN NOTICE OF DISHONOR OR NON SEND PAYMENT IF THE ITEM IS UNAVAILABLE FOR RETURN DEADLINEIT MIDNIGHT OR 12A 1H AS THE PAYOR BANK MAY HAVE TQM THE COLLECTING BANK FOR CLAIM AGAINSTBANK 12A OS BREACH OF ITS PRESENTMENT WARRANTIES WARRANTIE 4208 103 958 PACIFIC 824 2D SERIES SERIE REPORTER THE COURT OF CIVIL APPEALS RACT BUYERAPPEALED APPEAL EXISTED HELD THAT JURYQUESTION RAPP OF EVERYCONTRACT IMPOSES IMPOSE AN OBLIGATION AS TO WHETHER BUYER COULDINVOKE REVOCATION GOOD OKLSTANN 1203 FAITH UNDER JURYQUESTION REMEDY TO WHETHERSELLERHAD AS CLAIMED CONTRACT CONTRACTS DIS EFFECTIVELY WARRANTIE OF NES IMPLIEDWARRANTIES AND THE TERM MEAN MEANS IN HONESTY FACTIN THE CONDUCTOR TRANSACTIONCONCERNED TO WHETHERSELLERS SELLER CONDUCTCONSTITUTEDFRAUD THE BUYER IS ENTITLEDTO GETWHAT SHE PAIDFOR 12A ST EXISTED AS JURYQUESTION AND TO WHETHER SELLERHAD VIOLATEDCONSUMER PROTECTIONACT APPEALAND ERROR THE APPEAL OF THE HE OR SEE LICA AND PHRASES PHRASE WORD WORDS FOROTHER JUDICIALCONSTRUCTIONS CONSTRUCTION AND REVERSED AND REMANDED RR GOODFAITH EXISTED AS MERCHANTABILITYJURYQUESTION SALE SALES EXISTED AS TO WHETHER AL JURYQUESTION DEFECTIVE AUTOMOBILE FAILEDTO CON LEGEDLY MURRER WILL RESULTIN EXAMINATION OF THE REC FORM TO SALES SALE CONTRACT ALLOWING BUYERTO ORD IN MOST FAVORABLETO THE PLAINTIFF LIGHT INVOKE REVOCATIONREMEDY WHERE SELLER ORALLY AND CONFLICTS CONFLICT AND CONTRARY INFERENCE WILL BE INFERENCES TO BUYERTHAT AUTOMOBILE HAD REPRESENTED DISREGARDED BEEN INSPECTED BY MECHANICWAS IN GOOD SUSTENTATIONOF DE IH CONDITION AND WOULD BE RELIABLE TRANSPORTA DEMURRER TO THE EVIDENCE ADMITS ADMIT THE EN TION AND AUTOMOBILE SUFFERED COMPLETE FACT PRESENTED FACTS IN SUPPORTOF THE CLAIM AND THU IF THERE RE THUS IN ISSUETHE CASE FACT RELEVANTTO FACTS MUST GO TO THE TRIAL 13 IQN WHICH GINEFAILURE ONE DAY AFTER PURCHASE QUESTIONWOULDHAVE REQUIRED REPAIR COSTING REPAIRS APPROXI ONEHALF OF AMOUNT OF PURCHASE MATELY PRICE EVEN SALE CONTRACT EXPRESSLY SALES DIS THOUGH CLAIMED ALLWARRANTIES WARRANTIE AND STATED THAT AUTO MUST PRESENTSOME EVIDENCE IN SUPPORT OF EACH ELEMENT OF EACH THEORY TO OF DEMURRER AND WITHSTAND THE CHALLENGE TO THE EXTENT OFTHE FAILURETO DO SO PLAINTIFF PLAINTIFFS MOBILE FAULT FAULTS 10 12A NNH IS AND WITH ALL 2608 SALE SALES DEMURRER TO THE EVIDENCE WILL BE SUSTAINED EVEN IN CASE CASES OF BLANKET DISCLAIMERS DISCLAIMER OF ALLWARRANTIES WARRANTIE THERE REMAINS REMAIN SALE SALES IS NOT BUYER REVOCATIONOF ACCEPTANCE BUYERS AS FORBREACH OF EXPRESS REMEDY EXPRES IMPLIEDWARRANTY 12A OKLSTANN THE SAME OR BEINGSOLD AS WAS WARRANTY OF AND SELLER TRANSACT ABOUT DESCRIPTION BUYER SOME THING THE ESSENCE 608 WHICH WQI BE DESCRIBEDAS OFTHEIRTRANSACTION SALE SALES EXISTEDAS JURYQUESTION SALE SALES THE REVOKE DOES DOE NOT BUYER RIGHT BUYERS DEPEND UPON THE EXISTENCE OR BREACH OF ANY WARRANTYAND THE BUYERMAY REVOKE EVEN ALL WARRANTIES WARRANTIE ARE EXCLUDED THOUGH TO TO WHETHERSELL OF AUTOMOBILE BREACHED WARRANTY OF DE TO INVOKE REVOCATION SCRIPTION ALLOWING BUYER ER TO REMEDYWHERE LQ ORALLY REPRESENTED AUTOMOBILEHAD BEEN INSPECTED BUYER BY AND WOULD MECHANICWAS IN GOOD CONDITION 2608 LD BE RELIABLE TRANSPORTATION AND AUTOMOBILE SALE SALES SUFFERED FAILUREONE DAYAF COMPLETE ENGINE STATUTE WHICH DETAILS DETAIL BUYERS REVOCATION TER WHICH WOULD HAVE REQUIRED RE BUYER PURCHASE OF DEFECTIVE PAIRS ONEHALF OF REMEDYFOLLOWING ACCEPTANCE PAIR COSTING APPROXIMATELY REVOCATION DOE DOES NOT THE AMOUNT OF EVEN SALE SALES GOOD GOODS BUYER BUYERS PURCHASE PRICE THOUGH BREACH OF WARRAN TO CASE CONTRACT EXPRESSLY DISCLAIMED ALL WARRANTIES WARRANTIE REMEDY AND BUT REVOCATION FOR STATED THAT AUTOMOBILE WAS NONCONFORMITY TY PERMIT PERMITS BEINGSOLD THE VALUE AS IS OF GOODS THAT AND WITH ALLFAULTS FAULT 12A LST SUBSTANTIALLY IMPAIR GOOD OF THE GOODS 2313 GOODTO THE BUYER CONSUMER PROTECTIONCLE 009 104 MURRAY EH IO P2D 823 MOTOR LDA HE EF 12 SALE SALES 14 SALE SALES INC LD 825 TO 267 SOLDAS IS AND WITH ALLFAULTS FAULT CIRCUMSTANCE CIRCUMSTANCES AMONG THE AS IS PURPORTED RENDER THAT COULD 19 FRAUD WITH ALLFAULTS FAULT OR DISCLAIMER UNREASONABLEAND INEFFECTIVE ARE THE EVIDENCE OF FRAUDNEED NOT BE CLEAR AND TO AVOID DEMURRER TO THE CONVINCING FRAUDULENTREPRESENTATIONS OR MISREPRESENTA REPRESENTATION EVIDENCE BUT NEED ONLY TOUCH ON EACH ELE TION CONCERNING TIONS THE CONDITION VALUE QUALITY MENT AND LEAD TO AN IRRESISTIBLEDEDUCTIONOF CHARACTERISTIC OR FITNESS CHARACTERISTICS FITNES OF THE GOODS GOOD SOLD FRAUD THAT ARE RELIED UPON BY THE BUYERTO THE 20 FRAUD BUYER DETRIMENT 12A LS BUYERS CON TO ORALLY HAD GOOD 313 23161 PORTA EN WHICH IH PRICE THE EXISTENCE OF FRAUD GIVEN EVIDENCE FOREACH ELEMENTIS 15 SALE SALES EXISTEDAS JURYQUESTION TO WHETHERSELL JURY ER OF DEFECTIVE AUTOMOBILE DIS EFFECTIVELY 21 WARRANTIE OF TQ AND IMPLIEDWARRANTIES WITH SALES SALE CONTRACT PROVI MERCHANTABILITY SION WHICH STATEDTHAT AUTOMOBILEWAS BEING SIONS SOLDAS IS AND WITH ALLFAULTS FAULT WHERE SELLER TO BUYER THAT AUTORNO ORALLY MISREPRESENTED BILE HAD BEEN INSPECTED BY MECHANICWAS IN RELIABLE GOOD CONDITION AND WOULD PROVIDE 12A IH 313 TRANSPORTATION OFFACTFORTHE QUESTION FRAUD CLAIMED AUTO TH ALL OF OF TY CO THAT AUTOMOBILEHAD BEEN INSPECTED BUYER BY MECHANIC WAS IN GOODCONDITIONAND WARRANTY MAY BE EXPRESS EXPRES OR WOULDBE RELIABLETRANSPORTATION AND AUTORNO AND EITHER TYPEOF WARRANTY MAY BE MODIFIED BILE SUFFERED FAILURE ONE DAY OR EXCLUDED ZA NH 2313 COMPLETE ENGINE AFTER PURCHASE WHICH WOULD HAVE REQUIRED 314 ONEHALF OF REPAIR COSTING REPAIRS APPROXIMATELY 13 SALES SALE AMOUNT OF PURCHASE EVEN THOUGH BUYER PRICE RELATE TO THE CON RELATES AN EXPRESS EXPRES WARRANTY FAILED TO OBTAIN INDEPENDENT OF INSPECTION OF THE ITEM AND CONSIDERS CONSIDER ITS QUALITY AUTOMOBILE FORMITY TO PURCHASE SALE CON AND SALES PRIOR CHARACTERISTICAND CONDITION CHARACTERISTICS TRACT PROVIDED THAT AUTOMOBILE WAS BEING OF OR 958 IBOUT 23161 ED 16 FRAUD AND DECEIT 22 FRAUD THE UNIFORM COMMERCIAL CODE 15CC RECOGNIZE FRAUD ACTIONBUT RECOGNIZES FRAUD FRAUD OR SALE SALES BE AS FOR PROVIDE GROUND OF CONTRACT RECOVERYTHAT IS INDEPENDENT THE UNIFORM COMMERCIAL CODE UCC TO REQUIRED ELECT BETWEEN PLAINTIFF MAY DAMAGE FOR DAMAGES BREACH OF WARRANTYAND RECISSIONOF THE CON IS TERM GENERIC WHICH INCLUDES INCLUDE TRACT 12A LS 1103 1106 MEAN THAT ONE MAY INVENT TO GAIN 721 EVERY MEANS OVER ANOTHER WHETHER BY UNFAIR ADVANTAGE FALSE OR OF MATERIAL 23 FRAUD SELL SUGGESTION SUPPRESSION SUGGESTIONS DE TRUTH ATION 15 NNQH 5759 76 DISCLAIMER OF WARRANTIES WARRANTIE IS NOT MATERIAL ANN BY LD 17 AF TO FRAUDACTION WORD WORDS AND PHRASES PHRASE SEE PUBLICATION FOR OTHERJUDICIAL CONSTRUCTIONS AND DEF CONSTRUCTION INITION INITIONS 24 FRAUD FRAUD GRANTTHE SELLER LICENSETO MISLEAD FRAUD DRE INCLUDE ALLSURPRISE INCLUDES TRICKCUN AND NING DISSEMBLING OF ANY UNFAIR WAY 36 SALE UNDER BY AN AS IS DOE NOT CLAUSEDOES OR BUYER CONCEALFACTS FACT 25 FRAUD WHICHANOTHERIS CHEATED SALE SALES NTIE NTIES 18 SOLD EXISTEDAS JURYQUESTION ANN ER SELLER POSITIVE SELLERS BUYERMAY CT ON OFMATERIALFACTS FACT EVEN THOUGH REPRESENTATIONS REPRESENTATION FRAUD TO WHETHERSELL COMMITTED FRAUDIN CONNECTION WITH SALEOF THE MEANS MEAN AND OF LEARNING THE TRUTHIS AVAILABLE FORJURYIS WHETHER BUYER WAS QUESTION DECEIVED AUTOMOBILEWHERE SELLER ORALLY REPRESENTED CONSUMER IH PROTECTIONCLE 2001009 105 IT 26 958 PACIFIC OKL 826 2D SERIES SERIE ADMIT THE FACTS ADMITS FACT PRESENTED IN SUPPORTOF THE FRAUD CANNOT BE FRAUD IF PRACTICED BY SELLER THAT SELLERHAS DIS AVOIDEDON THE GROUND CLAIMEDTHE VERY MATTER OUT OF WHICH THE ARISE FRAUDARISES CLAIM IF THERE ARE FACTS FACT RELEVANT THEREFORE IN ISSUE THE CASE MUST GO TO THE JONE 1995 OK 131 907 JONES JURY JACKSON P2D 1067 KELLEY 1995 OK 55 897 TO P2D 289 CONSUMER PROTECTION 27 EXISTED AS JURYQUESTION THE TO WHETHERSELL ERS ACTIONS ACTION IN CONNECTIONWITH SALE OF AUTO EVIDENCE HERE CONSIST CONSISTS OF AND TESTIMONY MURRAY MURRAYS THE VEHICLE PURCHASE TRANSAC THE REVIEW NOTWITHSTANDING HAVE SUS MUST STANDARDMURRAY LEGALLY CONSUMER INVOLVEDIN CON WHERE BUYER WAS TAINABLE BASIS BASI FOR HER ACTION MURRAYIN SELLERORALLY SUMER REPRESENTED ASSERT OKLAHOMA DOES ASSERTS DOE NOT PERMIT TO BUYER THAT AUTC HAD BEEN INSPECTEDSUMMARY SELLERTO MISREPRESENT AND FALSIFY AND THEN BY MECHANIC WAS IN GOODCONDITION AND AVOID ALL WAR RESPONSIBILITY BY ELAI WOULD BE RELIABLETRANSPORTATION SELLERWOULD RANTIE RANTIES SHE SOUGHT RECOVERYON THREETHEO HAVE BASED ON MECHANICS MECHANIC MOBILE VIOLATED CONSUMER PROTECTION ACT KNOWN RIE RIES AUTOMOBILE THAT AUTOMOBILES RR TIONDOCUMENTS DOCUMENT REVOCATION UNDER THE UNIFORMCOM ENGINEWAS ON VERGE ON MERCIAL CODE 12A 2608 FAILUREAND BREAKDOWNAND ENGINE COMPLETE AND VIOLATION THE UCC FRAUD HIGHCOST OF NECESSARY REPAIRS REPAIRDENIED BUYER OKLAHOMA CONSUMER PROTECTIONACT OS AND HER DAUGHTER RELIABLETRANSPORTATION 1991 751 ET SEQ OKLSTANN 751 ET SEQ THI COURT WILLEXAMINE THE THIS THEREFORE APPEALFROM THE DISTRICT COURT OF OKLA JAME JAMES HOMA COUNTY BLEVIN TRIAL JUDGE BLEVINS REVERSED FURTHER NQI AND FOR PROCEEDING PROCEEDINGS FENT COMMUNITYLEGALSER VICE OF OKLAHOMA VICES FOR REMANDED CITY PC OKLAHOMA CITY EVIDENCE ADDUCED AT TRIALIN RQ PRESENT SOME EVIDENCE IN SUPPORT OF EACHELEMENT OFEACH THEORY TO WITHSTANDTHE MUST OF DEMURRERAND TO THE EXTENT OF CHALLENGE THE PLAINTIFFS PLAINTIFFFAILURETO DO SO DEMURRER TO THE EVIDENCE WILL BE SUSTAINED SEE FOR EX AMPLEPEACE APPELLANT JEFFREY BLACK OKLAHOMA CITY JACK DE ROS ROSS ROS MCCARTYRIGDON MCCARTYROSS OKLAHOMAFOR LQLE OF THE ELE LIGHT PLAINTIFF OFEACH THEORY OF RECOVERY RAL GAS CO CORP 1977 OK OKLAHOMA NATU 151 568 P2D 1273 EVIDENCE REQUIRED FOR EACH ELEMENT HOLDING OF FRAUD II OPINION BACKGROUND USEDVANTYPEVEHICLE MURRAYPURCHASED IN CASH SHE PAID399500 PARTLY THE TRIAL COURT PLAINTIFF JUNE MURRAY AND WITH TRADEIN VEHICLE WITHIN PARTLY MURRAY APPEALS APPEALFROM AN ORDERTHAT SUS ONE AFTER THE SHE NOTICED DAY PURCHASE COURT DEFENDANTS DEFENDANT TAINEDTHE IH WITH THE HEATER THE VEHICLE WAS PROBLEM RAPP JUDGE FROM DEMURRER TO THE EVIDENCE IN JURY TRIAL TAKEN TAA MECHANIC WHO ESTIMATED HEATER WOULD COST 30000 ON THE WAY REPAIR STANDARD OF REVIEW BROKE DOWN HOME THE VEHICLE COMPLETELY THE APPEAL OF THE SUSTENTATIONOF THE VEHICLE WAS THEN EXAMINED BY TWO ME 12 DEMURRER WILL RESULTIN EXAMINATION OF THE CHANIC CHANICS ROD WERE FOUND TO BE KNOCKING RODS RECORD IN MOST FAVORABLETO THE PLAIN THE HEAD GASKET WAS BLOWNAND THE ENGINE LIGHT IF CONFLICT AND CONTRARY CONFLICTS INFERENCES LL INFERENCE ON THE VERGE OF TOTALFAILURE REPAIRS REPAIR WERE CORE BE DEMURRER TO THE EVIDENCE DISREGARDED OFFICER DIXIE HARRIS HARRI WAS NAMED AS PRINCIPAL THI LAWSUIT BECAUSE THE IONH THIS HAD NOT TITLE TRUST LB PAID ITS FRANCHISE TAX THE USED CAR DEALERS DEALER BOND COMPANYPROVIDED CONSUMER PROTECTIONCLE 2001009 ESTIMATED TO COST BETWEEN 170000 AN TIO 1Q AND EXIST OF WHETHER THE CORPO ISSUE EXISTS IS ENTITLED TO DEFEND THIS THI CASE 68 1212C 106 MOTOR MURRAY 823 THE HAS NOT BEEN DRIVEN THE 907 MOTOR TO SUS THE CAR MURRAYTOLD THE CHARLIE OFTHE NEED FOR MURRAY NOTICED THE TEST DRIVE DURING ABOUTTHE NOISE HE ELE NTIFF HIM QUESTIONED CC REVOCATION THE RECORDEXAMINED UNDER THE STATED STANDARDOF REVIEW WILL DETERMINE IF MURRAY SUFFICIENTEVIDENCE TO ENABLEHER TO PRESENTED INVOKE THE REVOCATIONREMEDY UNDER THE RECORD PRESENTED IT CANNOT BE THAT DISPUTED TO MURRAY SOLD DEFECTIVEVEHICLE TO HER THAT REPRESENTED AND THERE WAS REPLACED SHE FURTHER TESTIFIED THAT SHE RELIED IT IN HER SALESMAN REPRESENTATION UPON THE SALESMANS DECISIONTO PURCHASE THE VEHICLE THE SALES SALE DOCUMENTS DOCUMENT WERE OF THE SHE NOISE RATTLING UNDER REVOCATION BY BUYERUNDER 12A 2608 IS NOT THE SAME AS OS1991 REME HE TOLDHER THATTHE NOTHING WRONGWITH IT FOR BREACH OF OR DY EXPRES EXPRESS IMPLIED WARRANTY RELIABLETRANSPORTATION VEHICLEWOULDPROVIDE SEEKING JIMMY GMC OFTUCSONINC 130 SEEKINGS MURRAYTESTIFIED CHARLIE ALSO REPRESENTED ARIZ 596 638 P2D 210 1981 SHELTON THAT THE VEHICLE HAD BEEN INSPECTED BY FA 30 APP 549 635 P2D 1109 THERE MECHANIC AND THERES NOTHING WRONG WITH 1981 THE PARTIES PARTIEAGREE THATSECTION2608 THE ENGINE HAD BEEN THE SALESMAN WAS DAUGHTERHER DAUGHTER THEN THE WARRANTYANDWITH THE AS IS DOCU MURRAY APPEALS APPEAL ANALYSI ANALYSIS DISCUSSION THESE DISCUSSIONS PRESENT DURING AND CHARLIE TOOK THE VEHICLEFOR MURRAY TEST DRIVE OM NO MENT OF PURCHASE RELIABLEVANTYPE THAT SHE COULDTRANSPORTHER AILING AND DISABLED 827 VEHICLE OR REFUND HER FOR THE DURINGNEGOTIATIONS NEGOTIATION RMIT WAR WAS REFUSEDTO DO EITHER VEHICLESO VIEW REPAIRTHE MONEY 897 NOT REPAIRED AND ASKED MURRAY WAS THE VEHICLE 200000 OKI CO LAC PREPARED BYTHE DIXIE THE DEFENDANT OF PRINCIPLE OF PERMITS BUYERTO REVOKE ACCEPTANCE PERMIT CIRCUMSTANCE AND PRO GOODUNDER CERTAIN CIRCUMSTANCES GOODS CEDURE CEDURES IN CONTEXT THEYAGREE THAT THE ELEMENT TO ESTABLISHMURRAYS ELEMENTS REQUIRED MURRAY FIRST CLAIM ARE OF HARRI HARRIS TO HAD BEEN INSPECTED BY MECHANICTHATTHERE CONTRACT NOTHING WRONG WITH IT AND THAT IT RAN WELL MURRAY DID NOT HAVE THE VEHICLE IN SPECTED PRIORTO HER PURCHASE MUST NONCONFORMITY SUBSTANTIALLY THE VALUE TO PAIR MURRAY EX HE ALSOREPRESENTED THATTHE VEHICLE THE VEHICLE FAILED TO CONFORMTO THE WAS THE SALE DOCUMENTS SALES DOCUMENT IN MURRAYDID RIOT DISCOVERTHE NONCON AND HER ACCEPTANCE WAS REA FORMITY INDUCED EITHERBY THE LTY SONABLY OF DISCOVERY BEFOREACCEPTANCE OR BY THE TRANSACTION BUYERSGUIDE AND DEALERWAR BUYER THESEDOC RANTYDISCLAIMER MURRAY SIGNED INCLUDED UMENT UMENTS THESE DOCUMENT DOCUMENTSIN TOTO ADVISED BEINGSOLD AS IS JS ASSURANCES ASSURANCE MURRAYTHE VEHICLE WAS WITHIN MURRAYREVOKED ACCEPTANCE AFTER DISCOVERY AND BEFORE ANY SUBSTANTIALCHANGE IN THE VEHICLE CONDITION NOT CAUSED BY ITS VEHICLES OWN DEFECTS DEFECTAND AND WITH ALL FAULTS FAULT AND THAT EXPRES EXPRESS AND WARRANTIE WERE DISCLAIMED MURRAY WARRANTIES IMPLIED REASONABLE TIME TESTIFIEDTHAT SHE UNDERSTOODTHAT THE VEHICLE DID NOT HAVE WAS WAY WARRANTY THE DEFEN THE TRIAL COURT SUSTAINING DANT DEMURRERSTATEDTHAT MURRAY DANTS KNEW MURRAYNOTIFIED REVOKING ACCEPTANCE THAT SHE WAS WARRANTY MEANT TO HAVE THE VEHICLEINSPECT ON APPEAL THATMURRAY RIGHT ARGUE ONLY ARGUES ED EVEN AFTERASKING ABOUT THE ENGINEAND FAIL TO ESTABLISH ANY EVIDENCE OF THE FIRST FAILS SHE BOUGHT THE VEHICLEANYWAY KNOWING THERE 2H BASE ITS POSITION BASES ON THE ND UNDERSTOODWHAT NO SHE HAD THE ME IN THEREFOREFOR PURPOSES AND APPLICA PURPOSE OF APPEAL VERE IS HERE OF THE STANDARD FOR REVIEW DEEMED TO CONCEDE THAT EVIDENCE EXIST EXISTS IN SUP SEE ELEMENT THREEFOURAND PORT OF OTHER ELEMENTS TION AND RP WETSEL 85 670 ADMIT THAT ADMITS CONSUMER SCHOOLDIST UQ P2D 986 1983 OK 992 IN ITS BRIEF OF ACCEPTANCEIS POSSI PROTECTIONCLE EH ONLYWHERE MITYH IM SUBSTANTIALLY PAIR THE VALUE OF ANY GOODS PAIRS GOODTO THE BUYER AND VALUE THAT MURRAYWAS AWARE ARGUE CONCERNING ARGUES OF THE CONDITION AND ITS RELATIVEVALUEBUT DOES DOE TOUCH UPON OR EXPLAIN THE DISTINCTION BE THE PURCHASE PRICE AND THE UNQUESTIONED HALF THE SALE ONE ENGINEREPAIRAT APPROXIMATELY NOT TWEEN 107 958 PACIPIC OKL 828 OF THE VEHICLEIN ACCEPTANCE REPORTER AS AN IS AND WITH MUR WITH ALL FAULTS FAULT CONDITION COUPLED 2D SERIES SERIE UNDISCOVERED BECAUSEOF ASSURANCE THE UCC ASSURANCES ON DEFINER NE SELLER SELLERS TERM CON HAVINGHEARDTHE NOISE IN THE ENGME FORMMG DISREGARD DURINGTHE TEST DRIVE WHILE WHOLLY GOOD OR CONDUCTINCLUDING GOODS ANY PARTOF STATEMENT OFCHARLIEAND THE PRINCI INGTHE STATEMENTS ARE CONFORMING OR CONFORM PERFORMANCE AWARE OF ITS RELA RAY PLEAND ALSOTHAT SHE WAS TIVE VALUE THEREOF IN OTHER WORDS WORD TO REVOKE IS TIED TO THE ARGUE THAT THE RIGHT ARGUES EXISTENCE OF WARRANTIES WARRANTIE AND IF DOE MURRAY DOES NOT HAVE DANCEWITH THE THEYARE IN AECOR UNDER THE CON OBLIGATION OBLIGATIONS EXIST NONE RIGHTTO TO THE CONTRACT WHEN REVOKE 124 1991 THE THAI COURTCONCURRED WITH APPARENTLY THE RULING ON BECAUSEWHEN EXPLAINING THE DEMURRER TO THE JURY THE COURT AND THE ABSENCE OF WARRANTY THAT THERE WAS KNOWLEDGMENT THE OF SPOKE MURRAY AN MURRAYS NO EVERY CONTRACT IMPOSES IMPOSE AN OBLI OF GOOD FAITH 12A OS1991 1203 GATION THE TERM GOODFAITH MEANS MEAN IN FACT HONESTY WARRANTY IN DOE NOT DE RIGHTTO REVOKE DOES THE CONDUCT OR OS1991 CONCERNED 120119 THE PHRASE GETWHAT SHE OR HE PAID IN BUYERIS ENTITLED EXISTENCE OR BREACH OF ANY FOR MAY REVOKEUNDER 12A WARRANTYTHE BUYER ALLWARRANTIES 2608 EVEN THOUGH WARRANTIE 1H THE ADDITIONALQUESTIONS TO BE CONSID ARE EXCLUDED SEEKINGS QUESTION SEEKING JIMMY GMC OF ERED IN ARRIVING AT THE DETERMINATIONOF CON TUCSON INC 130 IZ 596 638 P2D 210 ARE WHAT DID MURRAY THI SECTION DOES THIS DOE NOT LIMIT THE BUY FORMITY BUY DID SHE 1981 IT AND ERS REVOCATIONREMEDYTO CASE THE EVIDENCE MAY SHE REVOKE INVOLVINGGET THE PONDUPON BREACH OF WARRANTY THE STANDARD IS IT SUBJECTIVE CONFORMITY OFGOODS GOOD THAI PAIR THE VALUE MORE PERMIT REVOCATIONFOR NON PERMITS IM GOOD TO THE GOODS OF THE BUYER SALE CQ SALES COMPUTER SIZEMORE 303 1988 186 AP 10 366 SE2D NORTHTOUM FORD INC 1Q 50 ILLDEC 850 420 303 167 APP3D 170 1981 SHELTON 30 APP 549 635 P2D 1109 1981 ADVANCED REVIEWED UNDER THE ABOVE STANDARDIS THAT SHE TRADEDIN RELIABLETRANSPORTATION AND PAID MONEY TO OBTAIN OTHERRELIABLETRANSPORTATION SUITABLE TO SPOQ HER DISABLED AND ILL VEHICLE AND EXPECT DAUGHTERTHE REPLACED ED RELIABLE TRANSPORTATION COST 399500 THE ITEM FURNISHED WAS MECHANICALLY DEFI CIENT AND NOT RELIABLE FURTHER IT ID NOT CONFORMTO THE SELLERS SELLER REPRESENTATIONS THE REPRESENTATION UNDISPUTED REPAIRCOST WAS APPROXIMATELY THE ABSENCE OR EXISTENCEOF ANY WARRANTY ONEHALF OFTHE PURCHASE PRICE THE ULTIMATE IS IMMATERIAL WHEN CONSIDERING REVOCATION ISSUE TO BE DETERMINED BY THE TRIEROF FACTIS UNDER SECTION 8E WHETHER MURRAY RECEIVED WHAT SHE PAIDFOR THAT REVO TO THE SELLERS SELLER ATTEMPTED IS PLAINTIFF PLAINTIFFS CATION VALID WHERE THERE IS NONCONFORMITY AND ASSURANCES ASSURANCE AND ALSO REPRESENTATION REPRESENTATIONS AND RESULTING SUBSTANTIALIMPAIRMENT OFVALUE WHETHERSHEHAD RIGHT TO REVOKE TION HERE IS THEREFORETHE QUES QUE WAS THE IMPAIR PRICE THEREBY SUBSTANTIALLY ADMITTING MENT OF VALUE QUESTION 2608 PROVIDE PROVIDES THE BUYER MAY REVOKE HIS ACCEPTANCE OF LOT OR COMMERCIAL IT WHOSE CON SUBSTANTIALLY IMPAIR ITS VALUE TO HIM IF HE HAS IMPAIRS IT ACCEPTED ON RORMIQ BEEN THE REASONABLE ASSUMPTIONTHAT ITS WOULD BE CURED AND IT HAS NOT CURED SEASONABLY REVOCATION OF ACCEPTANCEMUST OCCUR WITH IN AEQL TIME AFTERTHE BUYER OR DISCOVERS DISCOVER SHOULD BAVE DISCOVERED THE GROUND FOR IT AND BEFOREANYSUBSTANTIAL IN CONDITION OF THE CHANGE DEFECT GOODWHICH IS NOT CAUSED BY THEIR OWN DEFECTS GOODS IS NOT EFF UNTIL THE BUYERNOTIFIES NOTIFIE THE SELLEROF IT WHO SO REVOKES REVOKE HAS THE SAME BUYER RIGHT RIGHTS AND DUTIES DUTIE WITH REGARD TO THE GOODS GOODINVOLVED AS IF HE HAD REJECTED THEM OR WITHOUT DISCOVERY OF SUCH NONCONFORMI INDUCED TY IF HIS ACCEPTANCE WAS REASONABLY EITHER BY THEIF OF DISCOVERY BEFOREAC SELLER ASSURANCES SELLERS ASSURANCE CEPTANCE OR BYTHE CONSUMER PROTECTIONCLE 2001009 ON THIS THI RECORD DOE NOT ARGUE THE DOES ELEMENT OF IMPAIRMENT OF VALUE TO BUYER SEE FOOTNOTE 108 UR AS 8H P2D 823 EVEN IN CASE CASES OLD 829 IQA WHEN TESTEDUNDER THE WARRANTY 101 CO MOTOR IT STANDARD REG MURRAYASSERTIONTHAT THE VEHICLE OFBLANKETDISCLAIMERS DISCLAIMER SUPPORTMURRAYS OFALLWARRANTIES WARRANTIE THEREREMAINS REMAIN OF WARRANTY DID NOT MEET THE WARRANTY OF DESCRIPTION WHEN WEIGHED UNDER THE DEMURRERSTANDARD FL DESCRIPTION BUYERAND SELLERTRANSACT SHE WAS ENTITLED TO HAVE THE JURYDETERMINE ABOUTSOME THING WHICH THENWILL BE DE WHETHERTHIS THI FAILURE SU JUS PRESENTED SCRIBEDAS THE ESSENCE OF THEIR TRANSACTION FORREVOCATION DUE TO TO HER COMMENT DELIVERY THE UNIFORM COMMERCIAL CODE OF VEHICLE 12A 2413 DISCUSSE DISCUSSES DIS NONCONFORMING UNDER CLAIMER CLAIMERS 5H COMMENT TO THIS THI CIRCUMSTANCE CIRCUMSTANCES IMPLIEDWARRANTY STATUTE NOTES NOTE THAT THE PURPOSE OF WARRANTY IS TO DETERMINE WHAT IN ESSENCE THE SELLER TO LQ COMMENT GOES HAS AGREED GOE ON OF WARRANTYHOWEVER TO SAY STILL ARGUES ARGUE THAT DID NOT SUE MURRAY FORDAMAGES DAMAGEFORBREACH SH THI THIS IGNORING OF THE PURCHASE THU THUS CONTRACT IS NORMALLY CONTRACT FOR VEHICLE WITH THE AS IS AND WITH ALLFAULTS FAULT DESCRIBABLE AND DESCRIBED DISCLAIMER PLACED HER ON NOTICE OF THE VEHI SOMETHING CLAUSE GENERALLY ALL WARRAN CLE CONDITIONAND THEREBY CLES MADE THE VEHICLE IMINGH THI THEN WOULDUNDER THE DE THIS TIE EXPRESS TIES EXPRES OR IMPLIEDCANNOT REDUCETHE CONFORMING SELLER OBLIGATION SELLERS WITH RESPECT TO SUCH DE FENDANT ARGUMENTEXCLUDEIMPLIED FENDANTS WARRAN AND THEREFORE CANNOTBE GIVEN TIES TIE OF FITNESS FITNES AND MERCHANTABILITYTHESE SCRIPTION LITERALEFFECT UNDER SECTION WARRANTIE WERE NOT EFFECTIVELY EX IMPLIEDWARRANTIES THI THIS 11 IS NOT INTENDED TO MEAN THAT THE CLUDEDTHEN EVIDENCE EXISTS EXIST THAT SUPPORTS SUPPORT BREACH OF IMPLIED WARRANTIE SO AS TO JUSTIFY WARRANTIES PARTIE IF THEYCONSCIOUSLY PARTIES DESIRE CANNOT MAKE THEIR OWN BARGAIN AS THEY WISH BUT SUBMISSION OF NONCONFORMITY TO THE JURY IN DETERMINING WHAT THE HAVE AGREED 12 WARRANTY MAY BE EXPRESS EXPRES OR IM AND CONSID UPON IN GOOD FAITHIS FACTOR 12A 2314 OS1991 EI PLIED ERATIONLDH BE GIVENTO THEFACTTHAT THE THER TYPE OF WARRANTY BE MODIFIED OR MAY IS SMALL THAT REAL PRICEIS PROBABILITY EXCLUDED 2316 OS1991 INTENDED TO BE EXCHANGED FOR PSEUDO AN EXPRESS OBLIGATION EMPHASI ADDED EMPHASIS RELATESTO THE RELATE EXPRES WARRANTY OFTHE ITEM AND CONSIDERS CONSIDER ITS QUAL AS JS USE OF AS IS AND CONFORMITY MINIMUM CHARACTERISTIC AND CONDITION SCHEIR ITY CHARACTERISTICS WITH ALLFAULTS FAULT DOES DOE NOT MODIFY OR REMOVE THE WARRANTY OF DESCRIPTION IN THEIR PROVIDED ORAL ASSURANCE ASSURANCES THE CONCERNING VEHICLE THOSE TERMS TERM AS IS AND WITH ALLFAULTS FAULT NOT DESCRIBED OR MADE KNOWN TO MURRAY DO SERVE TO CREATE NOT PSEUDOOBLIGATION THE BREACHIF ANY OF THE WARRANTY OF DESCRIPTION BASI FOR MAY SERVE AS THE BASIS FINDINGOF 1980 OK 156 624 P2D 70 72 SECTION 23163 TERM TERMS AS IS ADDRESSE THE ADDRESSES USE OF THE AND WITH ALLFAULTS FAULT SUBSECTION NOTWITHSTANDING TO IMPLIED WARRANTIE WARRANTIES GARD UNLES THE MSTANC UNLESS IT RE INDICATE OTH THAT NONCONFORMITY IMPAIRSTHE VALUE TO IMPAIR 12A LTER MAN I99Q WARRANTIE ARE EXCLUDED WARRANTIES SUBSTANTIALLYERWISEALL IMPLIED THE LIKE BUYER HERE FACT FACTS FAULT BY EXPRESSIONS EXPRESSION AS IS WITH ALL FAULTS IDESINPART WARRANTIE EXPRESSWARRANTIES EXPRES BY THE SCUER ARE RE ED AS FOLLOW FOLLOWS ANY AFFIRMATION OF FACT OR PROMISEMADE RELATE TO THE BY THE SELLERTO THE BUYERWHICH RELATES BECOME PART OF THE BASIS BASI OF THE GOOD AND BECOMES GOODS CREATE CREATES AN EXPRES EXPRESS BARGAIN WARRANTY THAT THE GOOD SHALL CONFORMTO THE AFFIRMATION OR GOODS IT IS OT NECESSARY TO THE CREATION OF AN WORD EXPRESSWARRANTYTHATTHE SELLERUSE FORMALWORDS EXPRES SUCH AS WARRANT OR GUARANTEEOR THATHE HAVE TEN TO MAKE SPECIFIC WARRANTY BUT AN AFFIRMATION MERELYOF THE VALUE OF THE GOODS GOOD OR TO BE MERELY THE SELLERS SELLER PURPORTING DOE NOT OPINIONOR COMMENDATION OF THE GOODS GOODDOES STATEMENT CREATE WARRANTY PROMISE OF THE GOODS GOOD WHICH IS ANY DESCRIPTION MADE PART OF THE BASIS BASI OF THE BARGAIN CREATES CREATE AN EXPRES WARRANTY THAT THEGOODS EXPRESS GOODSHALL CON FORM TO THE DESCRIPTION CONSUMER NCLEH 2001009 UCC COMMENTS COMMENT ARE NOT PART OF STATUTEBUT ARE USED AND USEFUL INTERPRETIVE TOOLS WILKERSON TOOL MOTOR INC JOHNSON1978 OK 12 580 505 109 11 OR 958 PACIFIC OKI 830 WHICH IN OTHERLANGUAGE UNDER COMMON ATTENTION TH CALLTHE SH CALLS STANDING 2D SERIES SERIE REPORTER AND MERCHANTABILITY ARE TAINTED WITH OR BY SUCHMISREPRESENTATIONS OR FALSE MISREPRESENTATION REPRESENTA AND MAKES MAKE PLAIN TION TIONS THAT THEN IS CIRCUMSTANCE THAT WILL THEREIS NO IMPLIED AND AN EFFECTIVE DISCLAIMER TO HOLD AQNT PRECLUDE FROM WHEN THE BUYERBEFORE ENTERING INTO OTHERWISEWOULD ALLOW SELLERTO PROFIT THE CONTRACT HAS EXAMINED THE GOODS GRANTED GOODOR THE HIS FRAUD AND TO BE EFFECTIVELY LICENSETO MISLEAD OR CONCEALFACTS FACT OR THE MODEL AS FULLY AS HE DESIRED SAMPLE OR HAS REFUSEDTO EXAMINE THE GOODS GOODTHERE PLAINTIFF PRESENT EVIDENCE OF SUCH PRESENTS TO DE IS NO IMPLIED WARRANTYWITH REGARD OR FALSE REPRESENTATIONS MISREPRESENTATION MISREPRESENTATIONS REPRESENTATION FECT WHICH AN EXAMINATION OUGHT FECTS IN THE IN CASE INVOLVINGPURPORTED EXCLUSIONOF EXCLUSIONOF NTIES NTIE CIRCUMSTANCE TO HAVE REVEALED TO HIM CIRCUMSTANCES ADDED EMPHASIS EMPHASI THE DEFENDANTS DEFENDANT ASSERT THAT ALLWARRANTIES WARRANTIE WERE DISCLAIMED THE AS FAULT DISCLAIMERS FAULTS DISCLAIMER ARE DISCLAIM ISAND ALL WARRANTIE UNLESS UNLES CIREUIN IMPLIEDWARRANTIES INDICATE OTHERWISE STANCE STANCES ITH EFFECTIVETO POSSIBLY HOWEVER THE CIRCUMSTANCE MENTIONED IN THE CODE CIRCUMSTANCES ARE DISCLAIMER MOREOVER GENERAL NOT DEFINED OFWARRANTIES WARRANTIE MAY BE INEFFECTIVEIF UNREASON ABLE 12A THI THIS OS1991 CONSISTENTWITH COMMENT IS OF 12A OS1991 VIEW OF THE THAT THE WHOLE PRINCIPLE PURPOSE OFTHE LAW OF WARRANTYIS TO DETER MINE WHAT IT IS THAT THE SELLER HAS IN AGREEDTO SELL ESSENCE THEN CONSIDER AND DETERMINE WHETHER THE CIRCUMSTANCE CONSTITUTE CIRCUMSTANCES WARRANTIE THATFQIES WARRANTIES FQIE ING 2313 WARRANTIE BY USE OFAS IS OR WITH IMPLIEDWARRANTIES ALL FAULTS FAULT LANGUAGESERIES SERIE OF QUESTIONS TO QUESTION BE RESOLVEDBY THE JURY IS THEN PRESENTED THE FIRSTIS WHETHERTHEREIS IN FACTUNDERLY FIND THAT INGFRAUD THE SECONDIF THE JURYFINDS FRAUD IS WHETHERBECAUSE UNDERLYING AFSUCH FRAUDTHE IMPLIED WARRANTIE OF FIT WARRANTIES NES NESS AND MERCHANTABILITY EX ARE EFFECTIVELY CLUDED IRD THE JURY FINDS FIND THAT THE WARRANTIE ARE NOT EXCLUDED IT MAY IMPLIEDWARRANTIES THE POLICYIS OFTHOSECASES CASE WHICH REFUSEEXCEPT ADOPTED IN UNUSUAL CIRCUMSTANCES CIRCUMSTANCE TO BREACHOF THESE REVOCATIONUNDER THE CRITERIA NONCONFORMING 15 AT TRIAL MURRAYEVIDENCE PRESENTED MURRAYS DE INTERPOSED SUFFICIENTTO DEFEAT THE WAS MURRER AND ALSOTO SUBMIT THE ABOVE QUESTION OF BREACH OF WARRANTY AS BASI FOR REVOCA BASIS RECOGNIZE TION TO THE TRIEROF FACTTHEJURY SELLER OBLIGATION MATERIAL DELETIONOF THE SELLERS CONTRACT FOR CONTRACT IS NORMALLY THU THUS FRAUD SALE OF SOMETHING DESCRIBABLE AND DE ALSOASSERTED FRAUD MURRAY SCRIBED CLAUSE GENERALLY LAIMI FRAUD IS TERM 16 17 GENERIC ALL WARRANTIES WARRANTIEEXPRESS EXPRES OR IMPLIEDCANNOT IT INCLUDE EVERY MEANS INCLUDES MEAN THAT ONE MAY INVENT TO REDUCETHE SH WITH RESPECT OBLIGATION UNFAIR OVER ANOTHERWHETHER GAIN TO SUCH DESCRIPTION AND THEREFORECANNOT ADVANTAGE FALSE OR SUPPRESSION OF MATE EFFECTUNDER SECTION 2316 BY SUGGESTION SUGGESTIONS BE LITERAL GIVEN RIAL TRUTH 15 OS1991 OS 5759 COURT HOLDS HOLD THAT AMONG THE 1991 IE 1982 CIVAPP IGH CIRCUMSTANCE THAT COULDRENDER PURPORTED CIRCUMSTANCES 648 P2D 51 FRAUD INCLUDE INCLUDES ALLSURPRISE AS IS OR WITH ALL FAULTS FAULT DISCLAIMER UNREA AND ANY UNFAIR TRICK CUNNING DISSEMBLING SONABLE AND INEFFECTIVEARE FRAUDULENTREPRE WAY BY WHICH ANOTHERIS CHEATED STAPLETON SENTATION OR MISREPRESENTATIONS SENTATIONS MISREPRESENTATION CONCERNING LT 207 443 250 451 1952 THE CONDITION CHARACTERISTIC CHARACTERISTICS VALUE QUALITY THI THIS OR FITNES OF THE FITNESS GOOD SOLD THAT ARE GOODS RELIED 18 191 MURRAYS MURRAYTESTIMONY ENCOMPASSED TO THE BUYERS ASSURANCE ASSURANCES AND UPON BY THE BUYER BUYER DETRIMENT MATERIAL MISREPRESENTATIONS MISREPRESENTATION NONDISCLOSURE THEREFOREIF THE DISCLAIMER OF THE IMPLIED NONDISCLOSURES BY REPRESENTATIVE REPRESENTATIVES WARRANTIE OFFITNESS WARRANTIES FITNES FOR 1H 16 PARTICULAR PURPOSE PROVIDE PROVIDES CONDUCT RELEVANTTO THE CREATION OF AN EXPRESS WORD OR CONDUCT EXPRES WARRANTY AND WORDS TO NEGATE OR LIMIT WARRANTY SHALL BE CON TENDING STRUED WHEREVER REASONABLE AS CONSISTENT WITH WORD WORDS OR CONSUMER PROTECTIONCLE SHE WITHOUTREBUTTAL ABOUT HER RELI TESTIFIED EACH OTHER BUT SUBJECT TO THE ARTICLEON PAROL OR EXTRINSIC IDE 202 OF THIS THI PROVISIONS PROVISION SECTION NEGATIONOR LIMITATION IS INOPERATIVE TO THE EXTENT THAT SUCH CONSTRUCTION IS UNREASONABLE 110 MTJRRAYV 93 BY THE ON HOLD FROM MOTORCO P2D IQA 823 DEFENDANT REPRESENTATION REPRESENTATIONS BY DEFENDANTS THE TEST DRIVE BY HAVING AN INDE FOLLOWING PENDENT INSPECTIONHOWEVER BUYERMAY ACT ON SELLER POSITIVE SELLERS OF REPRESENTATIONS REPRESENTATION MATERIAL FACTS FACT EVEN THE MEANS MEAN OF THOUGH THE TRUTH IS AVAILABLE GREENE LEARNING 1954 OK 247274 P2D 535 LH EYH MORRI 1957 OK 168 313 P2D 494 KEY MORRIS THE QUESTION FOR THE JURYIS WHETHER THE WAS DECEIVED BUYER LGE THOMPSON SHE PRE DEDUCTIONOF FRAUD AN PHILLIP PETROLEUM CO 1988 OK 93 PHILLIPS P2D 174 PEACE CORP OKLAHOMA SILK OF COULD MURRAY BASED UPON HER RELIANCE PURCHASE AND LEAD TO 760 WITH THE DEFENDANTS DEFENDANT ASSERT HAVE DISCOVERED THE TRUE VEHICLE CONDITION TO AVOID DEMURRER TO THE EVI CONVINCING TOUCHON EACH ELEMENT DENCE BUT NEED ONLY SUCH 831 AND THAT SHE DECIDEDTO MAKE THE PERSONNEL OFEACH ELEMENT OF EVIDENCE IN SUPPORT SENTED EVIDENCENEEDNOT BE CLEARAND 8H ED OKL 199 DTV GAS CO 1977 OK 168 NA 18 568 P2D TO 103 IA P271 114 1924 FRAUD IF PRACTICED BY SELLERCAN FRAUDGIVENEVI NOT BE AVOIDED ON THE GROUND THAT SELLERHAS OF FACT QUESTION DISCLAIMED THE VERY MATTER OUT OF WHICH THE SILK PETROLEUM FORTHE JURY CO PHILLIP PHILLIPS ARISE SEE PEACE CORP OKLA 1988 OK 93 760 P2D 174 AQ CORP FRAUD ARISES THE ERLY EXISTENCE OF DENCEFOR EACH ELEMENTIS THAT AUSE FIT OKLAHOMANATURAL GAS CO 197T OK 168 EX THE MAY THE FRAUD HESE FOR RECOVERY THAT IS GROUND TERIAL TO DE 1719 OKLAHOMA 899 TINKER DE MARIA PORSCHEAUDI 459 SO2D 487 CTAPP19 SLUSH CONSUMER PROTECTION MA FRAUD ACTION JACK ROACH FRAUDCLAIM 345 OZARK KENWORTH NEIDECKER 283 ARK 196 672 SW2D INC GAS CO 1977 OK 151 568 1273 IN WHICH WAIVER OF DEFENSE CLAUSE IN CONTRACT WAS INEFFECTIVETO BAR CART 537 DISCLAIMER OFWARRANTIES WARRANTIE IS NOT 347348 TION PROVIDE OF INDEPENDENT DECEIT HOWARD CO OK 89 WRIGHT1975 TRIAL AND 9H CONTRACT OR THE HOMA LH P2D 568 P2D 1273 MURRAYSTHIRD MURRAY RECOVER MH ACT ALLEGED RIGHTTO UNDER THE OKLAHOMA CONSUMER PRO TECTION ACT 15 199 751 ET SEQ THE ACT DECLARES DECLARE CERTAIN PRACTICES PRACTICETO BE LAWFULAND 719 SW2D UN CIVIL REMEDY PROVIDE PRIVATE PROVIDES 1A4H INC 15 1991 753 7611 DELONG HILLTOP APP19 MAINTAIN MAINTAINS THAT LIABILITY MURRAY MAY BE IM INC 812 SW2D 834 MO LINCOLNMERCURY ON FOR ITS DECEPTIVE TRADE POSED USE OF SH IS CTAPP1991 INCLUDING ER 880 HER AND UNFAIR TRADE PRACTICE THE CLAUSEDOES DOE NOT GRANT PRACTICE ACT DEFINES DEFINE THESE PHRASES PHRASEIN SECTION75211 THE SELLER LICENSE TO MISLEAD BUYER OR CON AND SECTIONHQI CEALFACTS FACT MAYBEE SH MOTOR CO 519 LTE NW2D SALE UNDER IT TO AN AS IS DETERMINATION THE CIVIL PRIVATE HOWEVER REMEDY PROVIDED APPLIE TO COMMISSION OF APPLIES THE EVIDENCE IN LIGHT OF ANY DEFEN DECLAREDTO BE VIOLATION ANY ACT OR PRACTICE INGH FOR THE JURY OFTHE ACT SECTION 753 OF THE ACT LISTS SIVE MATERIAL IS LIST SPECIF QUESTION 341 344 SD1994 OF WHETHER MURRAYOUGHT TO RECOVER ISE FAIR AFTER THE ELEMENTS ELEMENT OF FRAUD ARE SET OUT IN TQS OKLAHOMA RSH UNION MUT INS CO 1995 OK 889 P2D 285 AND SILK PHILLIPPETROLEUM PHILLIPS 12 760 P2D 174 177 CO 1988 OK 93 32 THE UCC RECOGNIZE FRAUD ACTION RECOGNIZES PLAINTIFF MAY ES BE HOWEVER TO ELECTBETWEEN DAM REQUIRED AGES FORBREACH OF WARRANTY AND RECISSION OF THE AGE CONTRACT 12A OS1991 1103 1975 OK 89 721 ZD HOWARD CO TWRI 127 537 P2D 345 349 ELI THE 10 THE OCCURRED ON PURCHASE APRIL 1996 THEREFORETHE AMENDZNENTHEFFECTIVE JULY 1996 ARE NOT APPLICABLE CONSUMER UFL UIIM PROTECTIONCLE 2001009 IN SECTION7611 11 15 VIDE 11 1991 AND 7521 TRADE 75212 PRO MIS OTHER PRACTICE THAT HAS DECEIVED OR COULD REASONABLY BE EXPECTED TO DECEIVE OR MISLEAD PERSON TO THE DETRIMENT OF OMISSION REPRESENTATION MEAN MEANS PRACTICE OR THAT PERSON SUCH PRACTICEMAY OCCUR BEFORE OR AFTER CONSUMER TRANSACTIONIS ENTERED DURING INTO AND MAY BE WRITTEN OR ORAL 12 UNFAIR TRADE PRACTICEMEANS MEAN ANY PRAC TICE WHICH OFFENDS OFFEND ESTABLISHEDPUBLIC OR IF POLICY THE PRACTICEIS IMMORAL UNETHICALOPPRESSIVE OR UNSCRUPULOUS UNSCRUPULOU SUBSTANTIALLY INJURIOU TO INJURIOUS CON 958 OKL 832 IC ACTS ACT OR PACIFIC DECLARED PRACTICE PRACTICES THI LISTDOES THIS DOE NO 2D SERIES SERIE REPORTER TO BE THE ACT DECLARES DECLARE THAT THE LUD IFICA MAKINGOF FALSE OR MISLEADING REPRESENTATION KNOWINGLY OR WITH REASON TO KNOW TO THE QH THE ALL ENCOMPASSING PHRASE PHRASES TIC BENEFITS OF THE SUBJECT OF THE AND UNFAIR TRADEPRACTICE TICS OR BENEFIT PRACTICE THE PRACTICES CONDEMNED ALTHOUGH PRACTICE COULDFALL DEFINITION DEFINITIONS WITHIN THE SCOPE OF THE RESPECTIVE THE ACTS ACT CIVIL REMEDY AFFORD THE AFFORDS PRIVATE RECOVERYFORACTUALDAMAGES DAMAGEENS THE ACT DOES DOE NOT SPECIFY THE CONSUMER MED OR THATTHE MUST TAKE PLACE REPRESENTATION THE CONSUMER RELYUPON ESENT TRADE PRACTICE CAN OCCUR FACT DECEPTIVE BEFORE DU OR AFTER TRANSAC CONSUMER TION IS ENTEREDAND MAY BE WRITTEN OR ORAL 15 OS SUPP1994 75211 THI NECESSAR THIS VTJ IO 15 LE99 MINFERENCE CAN BE MADE THAT THE 7535 DEFENDANT HAD DEFENDANTS 212 SEE 25 TRANSACTIONTO ABOUT KNOWLEDGE VEHICLE CONDITIONBASED UPON THE REPRESENTATION THAT THE VEHICLE INSPECTED BY ME CHANIC EVIDENCE OF HER MURRAYPRESENTED AND THE MANNER OF HER AGGRIEVE DAMAGES DAMAGE MERITDENIAL OF RELIABLE TRANSPORTATION FOR HER DAUGHTER JRESPOND AT MURRAYKNEW JRESPONDS ABOUT THE VEHICLES VEHICLE CONDITIONAND THAT IT DISCLAIMED OF THE SUBCLASSES SUBCLASSE OFDECEPTIVE ILYINCLNDESANY IS DEFENSE ANY WARRANTY NEITHER POSITION DECLARED TO BE TRADE PRACTICES SPECIFICALLY PRACTICE TO CLAIM UNDER THE ACT THE ACT CONDEMNS CONDEMN IN VIOLATIONOFTHE ACT SPECIFIC PRACTICE IN PRACTICES EXCLUSIVEOF ANY PENALTY REMEDY PROVISION PROVISIONS IN THEACTMURRAY MUST SHOW SHE AND CONSUMER TRANSACTION IS CIFIC CONSUMER INVOLVED THE DEFENDANTS DEFENDANT IN ENGAGED OR PRACTICE ACT SOME WAS SPE AGGRIEVED BY THE COMMISSION RESULTOF THE COMMISSION OF THE THE ARE EVIDENCE LACKS OF LACK PROOF PLAINTIFFS PLAINTIFF IS PLAINTIFFPROOF PLAINTIFFS SOME ELEMENT OR THAT THE INSUFFIIENT TO PROVE VIOLATION THE TRIAL THE DEMURRER TO THE COURT IN SUSTAINING EVIDENCEERRED CONCLUSION AFTER EXAMINATION OF THE RECORDWE HOLD SUSTAINING DEMUR THE TRIAL COURT ERREDIN THE ACTUAL DAMAGES DAMAGESUSTAINED BY HER CONDEMNED ACT THAT THE VIOLATION OFTHE ACT AND AS OR RER TO THE EVIDENCE IN VIEW OF THE RESULTS RESULT REACHEDTHE ISSUE OF WHETHER MURRAY WAS PRACTICE HERE WH QUESTION THERE RELATIVETO THE ACT WHICH FACT QUESTIONS QUESTION THE JURYSHOULDRESOTVE IF RIGHTTO THE ORDER OF THE TRIAL COURT IS CLAIM THEN PROCEEDING PROCEEDINGS DEMURRER TO THAT EVIDENCE CONSUMER INVOLVEDIN REMANDED AND RE FOR FURTHER REMANDED MURRAYDID PRESENTEVIDENCE CONSISTENTWITH HER AS AND REVERSED SHOW THAT RECORDREVIEW SHOWS WITNES IS NOT WITNESS DECIDED VERSED ERRONEOU ERRONEOUS DENIED FURTHEREXAMINE MURRAY PRESENT ED EVIDENCE UNDER THE ACT THAT WILL SUPPORT WOULDBE CLAIM DECLARED UNDER SECTION753 OFTHE ACT TO BE SHE ORDERTO DEFEAT UNDER THE ACT THE DEFENSE MUST DEMONSTRATE IN ORDERTO AVAIL HERSELFOFTHE CIVIL STATU STATUS TRAN TRANS CONSUMER STUB PJ AND CONCUR ACTION EVIDENCE WAS ALSO PRESENTED CONCERNING JS ABOUT THE CHARACTER REPRESENTATIONS REPRESENTATION WITH THE VEHICLE ENGINE RE NOTHINGWRONG USEFULNES USEFULNESS AND WORK WORKS PLACED INSPECTED OF THE VEHICLE FINE AND BENEFITRELIABILITY 12 25 LE 199Q WHENEVER THE MEANING OF WORD OR DEFINED IN ANY STATUTE SUCH DEFINITION CONSUMER PROTECTJONCLE IS PHRASE 2001009 APPLICA TO OCCUR OCCURS THE SAME WORD OR WHEREVERIT EXCEPT WHERE CONTRARYINTENTION PLAINLY APPEAR APPEARS 112 240 FEDERAL 584 3D SERIES SERIE REPORTER WE RE THI CASE THIS THE FORGOING REASON REASONS OF TO THE BOARD IMMIGRATION APPEAL FOR APPEALS FEDERALCOURTS COURT COURT TQION ENTRYOFAN ORDERTERMINATING COURT PROCEEDING PROCEEDINGS NOVO OF 802 REVIEW APPEAL REVIEWS APPEALS GRANTOF SUMMARY DISTRICT DE JUDGMENT ALL FACTS FACT IN FAVOR OF AND CONSTRUES CONSTRUE NONMOVANT CONTRACT CONTRACTS TO STATE OF ACTION FOR BREACH CAUSE OF CONTRACT UNDER MUST SHOW ILLINOI ILLINOIS LAW THE EXISTENCE OF PLAINTIFF VALID AND ENFORCEABLECONTRACT THE PERFORMANCE BY PLAINTIFF THE BREACH OF THE CONTRACT BY DEFENDANTAND RESULTING INJURYTO PLAINTIFF OF THE CONTRACT PLAINTIFFAPPELLANT PAUL PRIEBE CONTRACT CONTRACTS DEFENDANT LIMITED AUTOBARN UNDER LIN LAW AUTOMOBILEDEALER BREACHSERVICE CONTRACT BUYER HAD PURCHASED FROM HIATED COMPANY APPELLEE NO SHIPDID 002497 STATE COURT OF UNITED STATES NOT IN CONNECTION WITH HIS THROUGH DEALERSHIP OF USED VEHICLE WHERE BUYER PURCHASE APPEAL APPEALS SEVENTHCIRCUIT INVOLVED DESPITE BEING DEC ARGUED 2000 IN ACCIDENT SHORTLY WHICH HE ALLEGED WAS PURCHASE CAUSED BY PREEXISTING TSH NEVER IN AFTER DECIDED FEB 14 2001 VOKED CONTRACT BUT INSTEAD SUBMITTED CLAIM FOR DAMAGE TO VEHICLETO HIS INSURER SUIT BUYER OF USED VEHICLE BROUGHT AT WHICH HE HAD DEALERSHIP PUR AGAINST CHASED VEHICLEASSERTING STATUTORYAND COMMON AND THEN CANCELLEDCONTRACT CONSUMER PROTECTION USED VEHICLE BUYERWHO HAD FAILED TO LAW CLAIMS CLAIM UNDER STATE AND FEDER AL LAW WHICH WERE BASED ON ACT ACTS ALLEGED OF FRAUD AND BREACHES BREACHE OF WARRANTYTHE UNIT ESTABLISH BASIS BASI FOR RECOVERY ON STATE LAW IQM UNDERLYING AUTOMOBILE AGAINST DEALER FOR BREACH OF SERVICE CONTRACT BUYER ED STATES STATE DISTRICT COURTFOR THE NORTHERN SHIP HAD PURCHASED FROM UNAFFILIATED COMPANY DISTRICT OF LIN JAME JAMES MORAN WAS AS RESULTBARRED THROUGH DEALERSHIP TO DEALERSHIP GRANTED SUMMARY JUDGMENT FROM RECOVERY UNDER FEDERAL MAGNUSON THE COURT OF APPEALS BUYER APPEALED APPEAL MOS MOSS WARRANTYACT MAGNUSONMOS MAGNUSONMOSS CIRCUIT DEALER BAUER JUDGE HELD THAT TRADE COMMISSION WARRANTYFEDERAL SHIPDID NOT BREACHSERVICE CONTRACT BUYER 15 USCA ACT 110D IMPROVEMENT HAD FROM HIATED PURCHASED THROUGH DEALERSHIP WHICH WAS DEALERSHIP ANY NOT PARTY DID WAR NOT BREACHED BUYERDID NOT SUFFER DAMAGESUFFICIENT TO SUPPORTRECOVERY UN WERE ILLINOI CONSUMER FRAUD AND DECEP DER ILLINOIS TIVE BUSINESS BUSINES PRACTICES PRACTICE ACT AND BUYER FAILEDTO ESTABLISHBASIS BASI FOR RECOVERY ON FRAUDCLAIM AFFIRMED CONSUMER II PROTECTIONCLE 2310D NOT DISCLAIMING IMPLIED WARRANTIE WARRANTIES EXISTING IMPLIED IT FROM PRECLUDE RANTIE RANTIES COMPANY SERVICE CONTRACT TO SALE SALES 267 SERVICECONTRACT WHICH BUYEROF USED VEHICLE HAD PURCHASED FROM UNAFFILIATED COMPANY AT WHICH HE DEALERSHIP THROUGH TO WHICH DEALERSHIP VEHICLE AND BOUGHT WAS NOT PARTY DID NOT OPERATEUNDER ACT TO BARDEAL WARRANTY FROM ERSHIP DISCLAIMING ANY IMPLIEDWAR SONMO RANTIE IN CONNECTION WITH SALEOF VEHICLE RANTIES MAGNUSONMOS MAGNUSONMOSS 113 IEAQL PRIEBE CITE DISTRICT TEW TEWS UDGMENTDE IN FAVOROF TRADE COMMISSION 108A 15 AH F3D VALID AND PERFORMANCE THE BREACH AND 10 2308A WHEN PRIVATE PARTY BRINGS BRING CLAIM UNDERILLINOIS ILLINOI CONSUMERFRAUD AND DECEP 810 ILC ILCS TIVE BUSINESS BUSINES PRACTICES PRACTICE ACT IT MUST DANT DANTS BUYER SHORTLY WAS ALLEGED IDENT IN SUBMITTED HIS INSURER HAD FAILED TO UNDERLYING DEALER NTRACT BUYER COMPANY BARRED MAGNUSON COMMISSION 15 ILC 810 ILCS SHA AH 12 SALE SALES 815 ILCS ILC CONSUMER OF VEHICLE UNDER ILLINOIS ILLINOI REVOKE ACCEPTANCE ILC ILCS TO VEHICLE LAW WHERE BUYERHAD DAMAGE 13 WHICH RESULTED FROM ACCIDENT ALLEGEDLY CAUSED BY PREEXISTING DEFECT IN VEHICLE TO DRIVE VEHICLE AND CON POLICY SHA 810 ILC ILCS FRAUD BUYEROF USED VEHICLE THAT UNDER FOR ON WAS FRAUD AND DECEPTIVEBUSINESS BUSINES PRAC MUST SHOW THAT TICE ACT CONSUMER TICES DEFENDANT RECOVER LAW FRAUDUNDER ILLINOIS ILLINOI LAW BASED FAILURE TO DISCLOSE PRIOR DEALERSHIPS DEALERSHIP WAS AND STRUCTURAL ACCIDENT PRIOR DAMAGE 34 ILLINOI CONSUM TO STATE CLAIM UNDER ILLINOIS PURCHASED VEHICLE KNEW THAT VEHICLE HAD BEEN IN ER BAR DEAL FAILED TO SHOW FROM WHICH HE DEALERSHIP TO PRIORACCIDENTAS REQUIRED CONSUMER PROTECTION UYER OF USED UNAFFILIATED TO USED VEHICLE LQOA COMMON DEALERSHIP PROTECTION PURCHASED LAW TO BE ENTITLEDTO FROM AUTOMOBILE DEALERSHIP DID NOT SUFFER BASED ON BREACHOF IRN REVOKEACCEPTANCE AS OF ACTUALDAMAGES DEALERSHIP DAMAGE RESULT DEALERSHIPS PLIEDWARRANTYOF MERCHANTABILITY BUYER IN MISREPRESENTING VE DECEPTION DECEPTIONS ALLEGED THERE WAS BREACHOF MUST PROVE THAT HICLE CRASHNISTORY HICLES AND MILEAGE AT TIME OF THE DEFECTIN THE PRODUCT WARRANTY AND FAILINGTO DISCLOSE THAT SERVICE SALE SUBSTANTIALLY IMPAIREDTHE PRODUCTS PRODUCTVALUE CONTRACT PURCHASED BY BUYERFROM UNAFFLLI THE TO HIM BUYERREASONABLY THOUGHT ATED COMPANY WOULD NOT COVER PREEXISTING DEFECT HAD DEFECT COULD BE CURED AND TO RECOVER ON HIS PRI DAMAGEAS REQUIRED NOT BEEN CURED SHA 810 ILCS ILC 52314 VATE CLAIM AGAINST DEALERSHIP UNDER ILLINOIS ILLINOI CONSUMER FRAUD AND DECEPTIVE BUSINES BUSINESS SALE SALES PRACTICE ACT BUYERS PRACTICES BUYER INSURANCE COVERED BUYEROF USED VEHICLE DID NOT SUFFER COST OF REPAIRING DAMAGESUSTAINED IN ACCI IN VALUE OF VEHICLE SUBSTANTIAL IMPAIRMENT DENT ALLEGEDLY CAUSED BY PREEXISTING DE DUE TO ALLEGED BREACHOF IMPLIED WARRANTY FECTS FECT AND VEHICLEWAS RESTOREDSUCH THAT AND THUS THU COULD NOT ON PART OF DEALERSHIP 815 BUYERCONTINUED TO DRIVE IT SHA IN HE DAMAGE DAMAGES LQOB BUYER WHO 52314 AT WHICH IN 110A DECEPTIVE 314 FIXED UNDER HIS INSURANCE USCA DECEPTIONRESULTED 815 ILCS ILC OF USED VEHICLE FROM DEALER PURCHASE 11 CONSUMER PROTECTION EVEN NOT BREACHED THOUGH BUYER SHIP AUTOMOBILEDEALERSHIPS OR DEALERSHIPKNOWLEDGE THAT DAMAGEFROM PRIORCRASH ALLEGED OF OF IT IGNORANCE FALSITY REPRESENTATIONS REPRESENTATION HAD FAILED TO DISCLOSE HAD MADE TO WHICH DEALERSHIP OF USED VEHICLE WAS BUYER MADE IT DANGEROUS DANGEROUTO DRIVE WHERE BUYER IRRELEVANTIN SUIT BY BUYERAGAINST CONTINUEDTO DRIVE VEHICLEAND HAD DRIVEN UNDER ILLINOIS ILLINOI CONSUMER FRAUD DEALERSHIP THAN 30000 MILES MILE AT TIME OF AND IT FOR MORE BUSINES PRACTICES BUSINESS PRACTICE ACT UNDER LIN TED COMPANY DON WITH HIS NEVER SHA WAS DEALER BUYER PROVE ADDITIONALELEMENT THAT THE DEFEN AS AN WITH TRIAL FLTRACT CONSUMER PROTECTION ACT IMPROVEMENT UNDER ILLINOIS ILLINOI LAW IMPLIEDWARRANTY ISSUED IN CONNECTION OF MERCHANTABILITY FOR BREACH 585 7TH CIR SALE SALES LAW PLAINTIFF LTD AUTOBARN 240 NOT DISCOVERED UNTIL VEHICLE WAS DIS MANTLED DURINGREPAIRS AFTER REPAIR PERFORMED INVOLVEDIN ACCI BUYERWAS SUBSEQUENTLY IN DECEPTIVE PRACTICE DENT ENGAGED DEFENDANTINTENDEDBUYER TO RELY ON THE IMPLIEDWAR AND DECEPTION LE OF VEHICLE IN THE COURSE OFCONDUCTING TRADEOR COM 815 ILCS ILC MERCE SHA 50511 ET SEQ CONSUMER PROTECTIONCLE THE DECEPTION TOOKPLACE 2001009 THOMPSON ARGUEDWHEA WILLIAM TON FOR PLAINTIFFAPPELLANT 114 240 FEDERAL 586 ARGUED STATLAND LAQN JAY REPORTER IL VALLEYCHICAGO BEFOREBAUER POSNER AND CIRCUITJUDGES WILLIAM WILLIAMS JUDGE BAUER CIRCUITJUDGE PAUL IEB BOUGHT ACURA FROM THE AUTOBARN LIMITED AUTO NO WHILE AUTOBARN OFFERED WAR RANTY IT TOLD PRIEBE THAT THE CAR HAD BEEN AND HAD NOT BEEN INVOLVED IN ANY INSPECTED ACCIDENT ACCIDENTS WARRANTIE ATTACHEDFROM THE WARRANTIES SPECIAL NO FORDEFENDANTAPPEL DEALERSHIP LEE PRIOR 3D SERIES SERIE THROUGHAUTOBARN THE THE SAME DAY PRIEBE PURCHASED ACURA HE ENTERED INTO AN EASYCARE VEHI CLESERVICECONTRACTEASY CARE SERVICE CONTRACTOR SERVICE CONTRACT THE SER VICE CONTRACTWAS OFFERED AND ADMINISTERED AUTOBARN BY APCO AND SOLD THROUGH PRIEBE KNEW THAT AUTOBARNBORE NO RE UNDER THE SERVICE CONTRACT SPONSIBILITY HE DISCUSSED THE SERVICE CONTRACT COVERAGE AND SIGNED STATEMENT TO THAT EFFECT PRIEBE KNEW THAT THE CONTRACT DID NOT COVER THE ACURA AUTOBARN EASY CARE SERVICE TO PREVIOUS PREVIOU DAMAGE WAS TO DEDUCT THE ADMINISTERED PRIEBE BOUGHTSERVICEPLAN SERVICE CONTRACT FEE FROM THE AMOUNT IT BY AUTOMOBILE PROTECTION CORPORATION THE JEEPHOWEVER DUE TO AN UNAMLIATED COMPANY OWEDIEB APCO AN OVERSIGHT TO DO SO AUTOBARN NEGLECTED ROUGHLYMONTH LATERPRIEBE CRASHEDTHE ONE MONTH AFTERHE PURCHASED ACURA AND CLAIMED THAT IT HAD PREVIOUS ROUGHLY PREVIOU IT TO THE PRIEBE CRASHED THE CAR PRIEBE WHICH MADE DRIVE ACURA DANGEROU DANGEROUS DAMAGE PRIEBE SUED AUTOBARNUNDER BOTH STATE HADTHECAR TOWEDTO GERBER AUTOREBUILD ERA FOR REPAIRS AND FEDERALLAW CENTERING HIS CLAIMS CLAIM GERBER REPAIR SEVERALDAYS DAY THE IRS GERBER CALLED PRIEBE TO HAVE FOUNDDAMAGE TO THE ACU CLAIMING RA CAUSED BY AN ACCIDENT PREVIOUS TO PREVIOU JUDG AND COMMON LAW VIOLA AROUND STATUTORY AND COMMISSIONOFFRAUD TION OF WARRANTY TIONS THE DISTRICT COURT MENT SUMMARY GRANTED IN FAVOROF AUTOBARN AS TO ALLCLAIMS CLAIM HIS 1993 1995 PRIEBE TRADED WORTH 12595 JEEP WRANGLER AUTOBARNFOR 1988 ACURA TO WORTH LEGEND EXCES OF THE JEEPS 8185 PLUS PLU THE EXCESS JEEP VALUE CAR OF LESSERVALUE TO PRIEBE WANTED DRIVEIN THE CITYOF CHICAGO BEFOREPUR CHASINGTHE ACURA PRIEBE TESTDROVETHE VEHICLE AND DETERMINED THAT IT DROVEWELL SALE CONTRACT PRIEBE REVIEWED THE SALES FOREHE BOUGHT THEVEHICLE ALLYFAMILIAR WITH HE CONTRACT CONTRACTS WAS GENER PRIEBE READ THE DISCLAIMER CONDITION OF SALE AND OF WARRANTIES WARRANTIE THE CONDITIONS THE FEDERALUSED CAR BUYERS BUYER GUIDE ALLOF PRIEBE THAT AUTOBARNDID WHICH NOT OFFER WARRANTY ON THE ACURA PRIEBE ADMIT THAT HE KNEW AUTOBARNSOLDHIM ADMITS THE CAR AS ISIN THE AS IS CONDITION WITH CONSUMER PROTECTIONCLE TO DRIVE DANGEROU DANGEROUS AS PRIORDAMAGE GERBER REPAIREDALL THE PRIEBE AUTO INSUR DAMAGETO THE CAR AND PRIEBES ER ALLSTATE PAID THE ENTIRE BILL MINUS MINU THE 500 DEDUCTIBLE AFTER THE ACCIDENTPRIEBE 2001009 TO ATTEMPTED REVOKE THESALES SALE CONTRACTAND CANCELLED THE SERVICE CONTRACTFORWHICH HE HAD NOT BEEN CHARGEDPRIEBE ACURA AT CONTINUED TO DRIVE THE THE TIME OF TRIAL IN OCTOBER 1998 HE HAD DRIVEN THE ACURA IN 30000 BECAUSE HE WORKED AS MANAGER IN CITI PORTFOLIO BANK CONSUMER BANKS DIVISION REVIEW LENDING CONTRACT ING CONTRACTS CAR PRIEBE ADMITTED IN HIS DEPOSITION HE COULD NOT PROVE THAT AUTOBARN KNEW ABOUT THE BACKGROUND NOVEMBER PRIEBE BELIEVED THAT THIS THI DAM PRIEBE PRIEBES AGE MADE THE WE AFFIRMTHEDISTRICT COURTS DECISION COURT ON INTO PRIEBE SUED AUTOBARN EXCES EXCESS OF THAT CLAIMING AUTOBARN BREACHED THE EASY CARE SERVICE CONTRACTWHICH ALSOVIOLATEDTHE SONMOS SONMOSS ACT MAGNU AUTOBARN BREACHED AN UNDER 810 ILCS ILC 52314 IMPLIEDWARRANTY WHICH ALSO VIOLATED THE MAGNUSONMOSS MAGNUSONMOS PRIEBE VALIDLY REVOKEDACCEPTANCE ACT AUTOBARNVIOLATEDTHE ER FRAUD AND TICE ACT TICES CONSUM BUSINESS BUSINES PRAC DECEPTIVE AUTOBARN COMMITTED CORN 115 AUTOBARN IEB IT F3D 44 240 LTD 587 TQ CIR 2001 PRIEBE ARGUMENTDOES PRIEBES DOE NOT CONSTI AUTOBARNVIOLATED THE DISTRICT TUTE BREACH OF CONTRACT CLAIM LQLY IT IS UNCLEARUNDER WHAT THEORY PRIEBE AUTOBARN MOTIONFORSUM AUTOBARNS COURT GRANTED LAWFRAUD AND MON THE FEDERAL ODOMETERSTATUTE THE VEHI THEN SER 59E PRIEBE BARN RE TRACT FFECT IEB COUNT AS TO ALL COUNTS JUDGMENT RELIEF UNDER IVP SOUGHT MARY CARE SERVICECONTRACT WHICH THE COURT REFUSEDTO GRANT CLAIM EXCEPT THE NOW APPEAL ALL CLAIMS APPEALS CERN ASIDE WE REST DECISIONON OUR BREACH ELEMENT IEB EASY THI CON THIS PUSHING THE INVOKED THE NEVER OF ACTION ARGUING EASY CARE SERVICE CONTRACT HE NEVER SUBMITTED ANY CLAIM FOR THE ACURA TO GRANTED SUMMARY APCO RATHER HE SENT IT TO ALLSTATE IN ERROR BECAUSE ISSUE ISSUES JUDGMENT GENUINE THE EASY CARE SERVICE OF MATERIAL FACT EXIST AS TO THE REMAINING PRIEBE CANCELLED FEDERAL ODOMETER CAUSE THAT THE DISTRICT COURT CONTRACT AND CLAIM FIVE CLAIMS EVIDENCETHAT DESPITE DID NOT PAY FOR THE CONTRACT HE RECEIVED LCE GE TO THE IT TO UE SO FACT PRORATEDREFUND GIVEN THESE FACTS RI FAIL TO PROVE THAT AUTOBARN BREACH FAILS ED THESERVICE AGREEMENT DESPITETHE ABSENCE OF THE FEDERAL ODOMETER CLAIM WHICH IF FRIVOLOUS FRIVOLOUWOULD PRIEBE MAGNUSONMOSS PRIEBES ACT CLAIM MAGNUSONMOS USSIO NOT FEDERALJURISDICTIONALSO FAILS FAIL SUPPORTED HAVE THE PORTION OF THE ACT UNDER SUE SUES DOE DOES NOT VQI AN PRIEBE CLAIM CREATE FEDERAL CLAIMS JURISDICTIONWHICH IQ DAY DAYS RIEBE ACU TO TS DAM AS COULD THE THE RISUR PRIEBE BREACHOF CONTRACT AND BREACH OF INDEPENDENT PRIEBES BASI FORLIABILITYIT ONLY BASIS PRO CLAIM CLAIMS MEET THE VIDE VIDES FOR FOR SOME STATE FEUERALJURISDICTION WARRANTY MAGNUSONMOS MAGNUSONMOSS FOR FEDERAL ACT REQUIREMENTS ACTS THI THIS OF CONTRACT JURISDICTIONCLAIMS CLAIM INCLUDING REQUIREMENT FOR SUPPLE CLAIM PRIEBE OTHERCLAIMS PRIEBES CLAIM QUALIFY SEE 15 USC USC MENTAL JURISDICTIONUNDER 28 QLESCHU WE 1367 HAVE THE TO AUTHORITY USC THI THIS CASE UNDER 28 REVIEW THE DISTRICT COURTS COURT MARY JUDGMENTDE POLITANLIFE CO 142 F3D WE PRIEBE PRIEBES GRANTOF CLAIM SUM AND CONSTRUE NOVO ALL SEE OTO METRO F3D 601 603 FACT IN FAVOR OF PRIEBE FACTS INS HEAR 1291 224 7TH CIR2000 THE BEEN THE OBER OF ICE IGNU AN ACT CLAIM FAIL HIS MAGNUSONMOSS FAILS MAGNUSONMOS CANNOT SUCCEED BREACH CLAIM OFIMPLIED WARRANTY CLAIM CLAIMS NEXT THAT AUTOBARN THAT TRACTWOULDNOT COVER THE EXISTING DAMAGE DISCLAIMER STANDS STAND UNLESS UNLES IT IS DISALLOWEDBY ILLINOIS LAW UNDER ILLINOI ACTION FOR BREACH OF STATE THE ACT MUST SHOW CONTRACT THE EXISTENCE OF CAUSE OF THE ACT PROHIBIT PROHIBITS SUPPLIER AN IMPLIED WARRANTYRE PLAINTIFFFROM INGH VALID AND GARDING WHEN PRODUCT CONSUMER AT THE THE PERFORMANCE ENFORCEABLE CONTRACT TIME OF SALE OR WITHIN 90 DAYS DAY THEREAFTER OF THE CONTRACTBY PLAINTIFF THE BREACH SUCH SUPPLIER ENTER INTO SERVICE CONTRACT ENTERS RESULTING INJURYTO PRAC BELL 195 LL 392 552 NE2D CORN OMITTED SUM EG 810 ILCS ILC 314 IN RESPONSE TO AUTO AUTOBARN BARNS ARGUMENTTHAT IT VALIDLY BARN ARGUE ARGUES DISCLAIMED BREACHEDTHE EASY CARE SERVICECONTRACT THE WARRANTYPRIEBE COUNTERS COUNTER THAT THE ACT BECAUSETHE SALES SALE PERSON FAILEDTO DISCLOSE PREVENTED AUTOBARN FROM MAKING VALID THATTHE ACURA HAD BEENIN ACCIDENT DISCLAIMER DUE TO PRIEBES PRIEBE ADMISSION PRIOR AND KNEW THATTHE EASYCARE SERVICECON THAT AUTOBARN SOLD THE CAR AS IS THE PRIEBE OF THE CONTRACT BY DEFENDANTAND ANCE SEE BREACHED THE WARRANTYOF MERCHANTABILITY ILLINOI LAW ON THE ACURA SEE IMPLIEDBY ILLINOIS BREACHOFCONTRACT CLAIM TO 2310D FORD MOTOR CO BECAUSE 955 956 7TH CIR1998 BREACH OF CONTRACT UNDERLYING PRIEBE THE SS PARTY TO THE BELIEVE AUTOBARN IS BELIEVES PLAINTIFFHICKOX WITH THE CONSUMER WHICH TO APPLIES APPLIE SUCH 15 USC PRODUCT DEFINE SERVICECONTRACTAS 976 992 142 FLLDEC THE ACT DEFINES CONTRACTIN WRITING TO PERFORM SERVICES SERVICE 1133 1990 CITATIONS CITATION CONSUMER PROTECTIONCLE CONSUMER TO REIATING 2001009 THE MAINTENANCE 116 OR REPAIROR 240 FEDERAL 588 BOTH OF CONSUMER PRODUCT15 USC FORD INC 95 LA DEC 850 420 NE2D AS THE DISTRICTCOURT CORRECTLY REA SONEDTHE SERVICE CONTRACT CANNOT BE CON OFMERCHANT AS CREATINGWARRANTY BECAUSE THE SERVICE CONTRACT BOUND ABILITY NOT TO THE ACURA AUTOBARN APCO REPAIR HOW AUTOBARNIS PRIEBE HAS NOT ARTICULATED PARTY TO THE THEREFOREWE CONTRACT CONCLUDE THAT THE SERVICE CONTRACT WITH APCO IS NOT SUFFICIENTTO PREVENTAUTO WARRANTIE INGH IMPLIEDWARRANTIES BARN FROM PRIEBEHOWEVERDID FIT TO WAS THE PURPOSE FOR WHICH PRIEBE IN DRIVE HIS WAS IN ARGUES THATTHE CU ARGUE PREPUR CHASE CRASH THAT MADE IT DANGEROUS DANGEROUTO DRIVE AND THAT HE LOST FAITH IN THESE FACTS FACT AS ACCEPTING PROVE SUBSTANTIAL MORE THAN MILE MILES REVOCATION CAR IMPAIRMENTOF VALUE GIVEN PRIEBES PRIEBE SUBSEQUENT USE OF THE HE CANNOT CLAIM THATITS VALUE WAS SUBSTANTIALLY IMPAIRED CONSUMER FRAUD AND DE BUSINES CEPTIVEBUSINESS PRACTICE PRACTICES ACT CLAIM WAS PRIEBE CLAIM FORBREACHOF PRIEBES FAILS FAIL WARRANTY 30000 THE DOE NOT DOES INSURANCE POLICY AND CONTINUED TO DRIVE THE ACTION BELIE ACTIONS HAD DRIVEN THE ACURA TRUE PRIEBE HAD THE DAMAGEFIXED UNDER HIS LOST THESE VAGUE CLAIMS CLAIM PRIEBE CONTINUED TO DRIVE THE CAR INDEEDAT THE TIME OF TRIAL PRIEBE NOT CREATE 50 1981 MATERIAL SERVE THE ACURA AND BELIEVEDIT DANGEROU TO DANGEROUS 170 SUBSTANTIALLY IMPAIREDPRIEBE ACURA WAS IT BOUGHT PRIEBE MAINTAINS MAINTAIN THAT HE ALTHOUGH FAITH 303 306 167 ISSUE OF FACTAS TO WHETHER THE VALUE OF THE CAR FURTHERTHE DISTRICTCOURT IS COR IF THE IMPLIEDWARRANTYOF RECT THAT EVEN WAS IN FORCEAUTOBARN DID MERCHANTABILITY NOT BREACHIT THE ACURA 3D IES REPORTER 10 PRIEBE CONTENDS CONTEND THATAUTOBARN VIOLATED THE ILLINOIS ILLINOI CONSUMER FRAUD AND BUSINES DECEPTIVE BUSINESS 815 ILC ILCS 5051 ICFA IT PRACTICE PRACTICES ET SEQ ACT BECAUSE THE ACURAS ACURA PRIORCRASH MISREPRESENTED AND HISTORY THE MILEAGEON THE VEHICLE AT THE TIME OF SALE AND FAILED TO DISCLOSETHAT OFACCEPTANCE THE CLAIMS THAT HE VALIDLY NEXT PRIEBE CLAIM REVOKED HIS ACCEPTANCE OF THE ACURA TO WOULDNOT EASYCARE SERVICECONTRACT ADDRES AQIST DAMAGE WE ADDRESS PRIEBE FIRST THEORY AS THE OTHERS OTHER ARE ONLYPRIEBES BE ENTITLED TO REVOKE ACCEPTANCE THE PLAIN WITHOUT MERIT TO STATE CLAIM PRIEBE TIFF MUST THERE WAS PROVE THAT MUST SHOW THAT AUTOBARN ENGAGED IN BREACH OF AN IMPLIED WARRANTYOF MER DECEPTIVE PRACTICE AUTOBARNINTEND CHANTABILITY THE DEFECT IN THE PRODUCTED PRIEBE TO RELYON THE DECEPTION AND SUBSTANTIALLY IMPAIREDTHE PRODUCTS PRODUCTVALUE THE TOOK IN THE COURSE OF DECEPTION PLACE TO HIM THE PLAINTIFF REASONABLY THOUGHTCONDUCTING TRADE OR COMMERCE SEE ZEK THE DEFECTCOULD BE CURED AND IT HAS MAN DIRECTAMERICAN MARKETERS MARKETERCQ NOT BEEN CURED SEE COLLUM BUICK 317 KPP 5325351972 FOR THE REASON REASONS PRIEBE FAILS FAIL TO CREATE FACT AS 321 FRED TUCH 285 STATED NE2D BREACHED OF NECESSARY ELEMENT IN VALID REVOCATION OF AND CLAIMS CLAIM THATHE MAY REVOKE ACCEPTANCE IF THE NONCONFORMITY OF THE HIS ACCEPTANCE GOODSUBSTANTIALLY GOODS IMPAIR THEIR VALUETO IMPAIRS CONSUMER BUYER BLANKENSHIP NORTHTOWN PROTECTIONCLE ILL2D 359 373 231 CH 80 695 860 WHEN 853 1998 PRIVATE PARTY BRINGS BRING AN ICFA CLAIM IT MUST ADDI ABOVE TIONALLY PROVE THAT BREACH WARRANTYPRIEBE PROTESTS PROTEST IS NOT WARRANTYOF MERCHANTABILITY THE 182 NE2D MATERIAL ISSUE OF TO WHETHER AUTOBARN COVER THAT THE DEFENDANTS DEFENDANT DECEP TION RESULTED IN DAMAGE SEE 815 DAMAGES QL SUFFER ACTUAL PERSON WHO SUFFERS ANY DAMAGEAS DAMAGES RESULTOF ILC ILCS VIOLATIONOF THIS THI ACT COMMITTED BY ANY OTHER PERSON MAY BRING AN ACTION AGAINSTSUCH PERSON DWYER AMERICAN CO EXPRESS EXPRES 273 APP3D 742 750 375 652 NE2D 1351 1357 1995 DURAN LESLIE LD BILE INC 229 IA 1032 210 117 IH 50 171 ILLDEC 1981 62H REPUR IE PRIOR THE DISTRICT REACHINGITS CONCLUSION AN TO ERRONEOUSLY APPLIED EXCEPTION THE ICFA CREATEDBY THE LEGISLA FOR SELLERS SELLER OF REAL ESTATE TORE EXCLUSIVELY ILC TOTZ CONTI SEE 815 ILCS QL NENTALDUPAGEACURA 236 FLLAPP3D891 902 177 ILLDEC 202 602 NE2D 1374 THE ICFAJ 1381 1992 10B NOT LER HIS THE THE UE OR FAILED TO PROVE THAT THE DEFENDANTS DEFENDANT THEIR CAUSED DECEPTION 1992 PRIEBE THAT THE VEHICLE HAD BEEN IN VALUE WE 1355 594 589 IRH F3D RAN 229 594 ILLAPP3DAT NE2D DAMAGE SEE DAMAGES 136162 AT DU 171 ILLDEC 40 FINDINGTHAT CLAIM FAILED TO STATE AN ICFA PLAINTIFF WHEN THE DAMAGES DID NOT STEM FROMTHE DAMAGE PROVED ACCIDENT PRIEBE PROTESTS PROTESTTHAT THE DISTRICT DECEPTION PRIEBE DOES DOE NOT ADDRESS ADDRES THE ISSUE OF COURT RATIONALE IS FLAWED AND WE AGREE COURTS TO CAR ES 240 THE DISTRICTCOURT REASONEDTHAT CLAIM FAILEDBECAUSE AUTO IEB FAIL TO INFORM BARN DID NOT KNOWINGLY OFTHE PRIEBE OUS 835 LTD JTO PRIEBE WAS IN IN DAMAGES DAMAGE COURT PRIEBE MENTION OF DAMAGE PRIEBES COMPLAINT DAMAGESIS AND HE EXCEEDINGLY VAGUE CURSORY CLAIM CLAIMS IN HIS AMENDED OF COST DAMAGE CONSISTING DAMAGES INSURANCE FEES LOS OF USE FEE LOSS COVER PAID HIS BRIEF OF AMOUNT AMOUNTS CANCELLATIONOF THE INSTALLMENTCON TRACT AND INCIDENTAL AND CONSEQUENTIAL WITH NO ESTIMATES ESTIMATE OF THE VALUE OF DAMAGES DAMAGE TO THE APPLICA EACH MENTION CERTAINEXCEPTIONS MENTIONS EXCEPTION DAMAGE AND PUNITIVEDAMAGES NDDE BILITYOF THE ACT BUT DOES DOE NOT EXEMPTUSED COSTS COST AND ATTORNEYS FEE NOWHEREDOES DOE ATTORNEYFEES FROM ACT REQUIRE HE EXPLAIN CAR DEALERS DEALER HOW AUTOBARNS AUTOBARN RE ANY OF THE ACTS DECEPTION CASE UNDER THE ICFA IN MOST CASES MENT MENTS SUITED IN THESEUNDEFINED DAMAGES DAMAGE WE THI ONE THE SH THIS CANNOT INFER AUTOBARNS AUTOBARN FAULT AS THESE INCLUDING KNOWLEDGE OR IGNORANCE ABOUTTHE FALSITY OFITS REPRE DAMAGE COULD HAVE BEEN CAUSED BY DAMAGES IT AD AND SENTATION IS IRRELEVANT SENTATIONS ACT 810 823 CRASH HIDE THAT ID NOT CLAIM CLAIMS THE DANT DANTS INTEND SEE 815 AND 229 AT 62H TO MATE DAMAGE DAMAGES THE PUBLICAND PRIVATE OF ACTION SHOW THAT THE DEFEN CAUSED HIS 1999 DAMAGES DAMAGE DURAN PRIVATE DON DECEP EXPLA AUTOBARN DECEPTIOR AUTOBARNS CONNECTING OF THIS THI HOLD AUTOBARN IS ENTITLEDTO SUMMARY ON THE ICFA CLAIM JUDGMENT COMMON LAW FRAUD CLAIM LAW ILLDEC 904 563 NE2D 1031 1036 WHICH HELD ARE NOT AN 1990 THATDAXNAGE THATDAXNAGES AUTOBARNKNEW IT LIED TO PRIEBE WHEN IT THAT THEACURA HAD NEVER BEEN REPRESENTED CLAIM AND 273 MAY AN PRIEBE UNDEFINED LOSSE PRIEBES LOSSES WE 835 THAT STATING ELEMENTOF PUBLICCLAIM COURT COURTS HAVE FOUND THAT PRIVATEPARTIES PARTIE FAILEDTO STATE AN ICFA CLAIM WHEN THEYFAILED TO SHOW THAT THEY SUFFEREDDAMAGES DAMAGE SEE ILCS ILC SACTUAL THE AB IN DAMAGEAND DAMAGES 171 LILDEC 1992 150 ST ADDI RESTOREDSUCH THAT ELEMENT OF PRI REQUIRED DISTINGUISHING GREENBERG UNITED AIRLINES 40 4546 AIRLINE 206 APP VATE 695 WAS PRIEBE CONTINUED TO DRIVE IT TO SUPPORTHIS CLAIM FOR ARE DAMAGES DAMAGE INC THE PRIORACCIDENT REPAIRING AND THE CAR DAMAGE SENCE OF PROOF OF CAUSE PRIVATE HAS DECEPTION ILC ILCS OW ILIAPP3D AT 40 594 NE2D ZEK ON TO STATE MUST PLAINTIFF AGEDIN OF AS CREATE BOTH CREATES ICFA PRIEBE 30 615 FACT OF FACTS SUFFERED PRIEBES PRIEBE INSURANCE COVERED ANY DAMAGE THE COST OF RIAL ISSUE OF FACT ARE URSE 425 616 186 PRIEBE HAS FAILEDTO SHOW ADDRES ADDRESS ERS PRIEBE ACCIDENT FURTHERTHE PRIEBES BRECKENRIDGE APP THECASE BELIETHEIDEA THATIEB 246 623 1993 AT SE SEE HOME INC HOMES RIDGE ECAUSE FRAUDIN CONTRAST TO IEB MUST SOME PRODUCE AN 174 ILL2D CLAIM EVIDENCE THAT SEE CRAMER CHANGE AGENC COMMON ICFA INS EX 529 221 ILLDEC 473 675 NE2D 897 905 1111996 CITATION OMITTED AS THE DISTRICTCOURT 313 FLLAPP3DAT 750 210 FOUNDPRIEBE HAS FAILEDTO BRING ANY EVI AT 1357 FINDING THATPLAIN DENCE SHOWING THAT AUTOBARN KNEW THAT 375 652 NE2D 273 ILL TIFF FAILEDTO STATE CLAIM UNDER THE ICFA TIFFS WHEN THEYFAILEDTO ALLEGE HOW THEY WERE 75 652 LESLIE DEFENDANT PRACTICE OFSELLINGAL INDEED IT WAS DAMAGED BY DEFENDANTS CUSTOMER ADDRESSES CUSTOMERS ADDRESSE TO OTHER COMPANIES COMPANIE THE 1032 CONSUMER SRI THE ACURA HAD BEEN IN THE PRIOR TO THE DAMAGE PROTECTIONCLE 2001009 CAR PRIORACCIDENT CAR WAS STRUCTUR NECESSARY TO DISMANTLE TO DISCOVER THE PRIORDAMAGE AT 118 240 590 FEDERAL 3D SERIES SERIE REPORTER WAS PROHIBITED FROM CROSSEXAMINATION OF BEST PRIEBE HAS SHOWNTHATAUTOBARNPER FORMED AN EXTENSIVE 64POINT MECHANICAL ALLEGED NITO RAPE VICTIM CONCERNING CLAIM SHEHAD BEEN FORCIBLY OF THE CAR WE CANNOT INFER FROM FALSE THAT CHECK PRIOR THAT AUTOBARN KNEW OF THE EVIDENCE OF THE FALSECHARGE OFFORC THI EVIDENCE THIS RAPED NOT CUMULATIVE OF OTHER EVI PRIORACCIDENT THE DISTRICTCOURT RIGHTLYIBLE RAPE WAS IN FAVOROF DENCEOR OTHERWISE PERIPHERAL CONSIDERING GRANTED SUMMARY JUDGMENT AUTOBARN ON THI THIS LAW FRAUD CLAIM COMMON CONCLUSION THE TESTIMONY BY VICTIM WAS VIRTUALLY DEFENDANT GUILTTHAT THE ONLYEVIDENCEOF DEFENDANTS HAD AMEND USCA PROSECUTION THAT THE DECISION BELOW WE WITNESSE WITNESSES WISCONSIN EUN STATUTE DID RAPESHIELD NOT BAR CROSSEXAMINATION OF RAPE VICTIM ALLEGED STATUTORY CONCERNING PRIORFALSE CLAIM THATSHE HAD BEEN FORCIBLY RAPED WSA 972112A REDMOND PETITIONER APPELLANT JESSIE HOWARD EISENBERG ARGUED MILWAU FORPETITIONERAPPELLANT KEE WI JAME JAMES PHIL KINGSTON WARDEN RESPONDENTAPPELLEE NO 23 UNITED STATES STATE COURT OF APPEALS APPEAL SEVENTHCIRCUIT OCT ARGUED CIRCUIT UNDER THE 14 2001 UTORYRAPE WAS CONVICTED OF STAT FROM APPEALED DECISIONOF THE UNITED STATES STATE DISTRICT COURTFOR THE EAST DISTRICT OFWISCONSIN RUDOLPH RAN JUDGE CURRENT HABEA ING FEDERAL HABEAS DEFENDANTWHO AND POSNER CIRCUITJUDGES JUDGE BEFORE BAUER RIPPLE POSNER 26 2000 DECIDED FEB DOYLE GREGORY POSNER ARGUED OFFICE OF THE ATTORNEY OF JUSTICE GENERALWISCONSINDEPARTMENT FOR MADISONWI ITAPPELLE WEBER REGIMEGOVERN PRISON CORPUS FOR STATE CORPU INMATE THE INMATE INMATES MUST BEAR BEARS THAT THE STATE COURT THI CASE THIS ON WHICH CONVICTED HIM SHOW SO FAR AS APPLIEDUNREASONABLY FEDERAL DOCTRINE DECLARED BY THE UNITED STATE STATES SUPREME 28 USC WILLIAMS WILLIAM 529 US TAYLOR CORPU THE CORPUS 389 362 120 SCT 1495 146 LED2D CUIT JUDGEHELDTHAT DEFENDANTS DEFENDANT CONSTITU 2000 MORGAN KRENKE232 F3D 562 OF CONFRONTATION WAS TIONALRIGHT INFRINGED7TH CIR2000 IN THIS THI CASE THE DOCTRINE FROMCROSS CROS WHEREHE WAS PROHIBITED THAT UPON LIMITINGTHE CROSSEXAM ERN WHICH DENIED HIS FOR HABEAS HABEA PETITION COURTOFAPPEALS CIR POSNER APPEAL EXAMINATION OF ALLEGED STATUTORY RAPE VIC INATION OF CONCERNING PRIORFALSE CLAIM HAD BEEN FORCIBLY RAPED THE CONSTITUTIONAL RIGHTOF CONFRONTATION EG DELAWARE VAN ARSDALL475 US TIM THAT SHE REVERSED CRIMINAL LAW DEFENDANT CONSTITUTIONAL DEFENDANTS RIGHTOF WAS INFRINGED CONFRONTATION UPON WHEREHE CONSUMER MI 2254D1 PROTECTIONCLE WITNES INFRINGES WITNESS PROSECUTION INFRINGE 673 67980 106 SCT 1431 89 LED2D 674 DAVI DAVIS 415 US 1986 ASK 308 94 SCT 1105 39 LED2D 347 1974 THE COUNSELOR AT AN PETITIONERREDMOND INSTITUTION FOR DRUGAND ALCOHOLABUSING OFSTATUTORY MINOR WAS CONVICTED MINORS RAPE OF 119 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 120 PREDATORYLENDING CONSUMER PROTECTIONCLE 121 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT BLANK 122 JULIA COSTER PREDATORY LENDING SUBPRIME LENDING BORROWER IE BORROWERS EXTENSION OF CREDIT TO HIGHERCREDIT RISK DO NOT QUALIFYFOR LOANS LOAN ON THE BORROWER BORROWERS WHO CONVENTIONAL PRIME MARKET ALSO KNOWN CONFORMINGCREDIT AS BC NON ABUSIVE LOAN TERMS TERM OR PRACTICES PRACTICE OFTEN AT VULNERABLE POPULATIONRESULTING IN DEVASTATING TARGETED FORECLOSUREAND LOSS LOS LOSSE INCLUDING PERSONALLOSSES BANKRUPTCY BORROWER BORROWERS FAR HOME HOMES OUTWEIGH THE OUTWEIGHS BECAUSE THE HARM PREDATORY OF TO BORROWER BENEFIT OFPREDATORY EXAMPLES EXAMPLE LENDING EXTEND EXTENDS HOME EQUITY LOAN BASED EQUITY BUILT UP IN HOME ABILITYTO MAKE LYH PAYMENT OR REPAY LOAN PAYMENTS REFERRED TO AS LOAN ARE DESIGNED TO FAIL RESULTINGIN THE LENDING LOANS LENDER ACQUIRINGBORROWER BORROWERS HOME EQUITY THROUGHFORECLOSURE OR SIGNING OVER OF BORROWER INCOME IGNORINGBORROWERS DEED AND IN LIEU OF FORECLOSURE NJQU NUMBER TENDER INDUCES INDUCE CONSUMER TO REFINANCE LOAN OR CONSOLIDATE LOAN REPEATEDLYOFTEN WITHIN SHORT PERIODOF TIME CHARGINGHIGH LOANS TEE EACH TIME CAUSE CAUSES BORROWER BORROWERS DEBT AND PAYMENTS POINT AND TEES POINTS PAYMENT TO INCREASE USE BENEFIT AND TERMS TERM OF MISREPRESENTATION REGARDING MISREPRESENTATIONS STEADILYLENDER OFTEN USES LOAN TO OF INDUCE BORROWER TO TAKE OUT NEW LOAN LOANS CREDIT INSURANCE LENDER FUELED PACKING STEERINGTO HIGH COST LENDERS HIDDEN LOAN TERMS TERM AS NEGATIVE AMORTIZATION BY YIELD SPREADPREMIUMS PREMIUM LOAN WITH BALLOON PAYMENTS LOANS PAYMENT HIGH HIDDEN COSTS COST PREPAYMENT PENALTIES PENALTIE HOME ABUSE IMPROVEMENT LOAN SCAMS SCAM MORTGAGESERVICINGABUSES PREDATORY LENDING CONSUMER PROTECTIORICLE 123 JULIA COSTER 11 FEDERALLAWS LAW IN LENDING ACT REQUIRES REQUIRE DISCLOSURE OF LH TOTAL NUMBER OWNER OWNERS 22631 AND USC 1631 12 CFR DAY RIGHTTO RESCIND CONTRACT 12 CFR 15 USC 1639 AND REG FOR HIGH INTEREST BY ADDING EXTRA PROTECTION PROTECTIONS EQUITY PROTECTION ACT 32 1638 AND REG 1635 TERM OF LOAN APR TERMS FINANCE CHARGE AMOUNT FINANCED PAYMENT AND PAYMENT SCHEDULE PRIORTO LOAN CLOSURE AND PAYMENTS OF NOTICE OF THREE 15 AMEND AMENDS AND REG LOAN HIGHFEE LOANS TRIGGER APR TRIGGERS EXCEED EXCEEDS RATE ON TREASURY BY MORE THAN 10 PERCENTTHE RATES FEE AND POINTS COMPARABLEMATURITY OR TOTALFEES POINT PAYABLE BY CONSUMER EXCEED THE LARGER OF OR PERCENTOF TOTAL LOAN SECURITIE OF SECURITIES ADDITIONAL DISCLOSURE DISCLOSURES TO LOAN REQUIREDTHREE DAYS TO FINALIZATION RELATING DAY PRIOR OF LOAN AND CERTAIN PRACTICES PRACTICE PROHIBITED SUCH AS CERTAIN TYPES TYPE OF BALLOON PAYMENTS PAYMENT NEGATIVE AMORTIZATION MOST PREPAYMENTS RATE HIGHER THAN PRE PREPAYMENT PENALTIES PENALTIE DEFAULT INTEREST RATES DEFAULT RATES RATE PATTERNOR PRACTICEOF ASSET BASED LENDING FEDERALLAWS LAW CONTINUED OF LOANS LOAN COVERED CONSUMER UNDER IL AND CREDIT TRANSACTIONS TRANSACTION SECURED YES AND REFINANCING NO LOAN TO LOANS MERSH LH LOANS EQUITYINSTALLMENT LOAN DWELLING PURCHASEOR INITIALLYCONSTRUCT YOUR HOME COVERAGE UNDER TILA UNDER IL OTHER HOME ION IONS BY THE AND HOEPA AND HOEPA FAILURE 1ER TO LCE SOMEWHAT SO STATUTE STATUTES DISCLOSURE PROPER DISCLOSURES AND UNDER HOEPA TO INCLUDE PROHIBITED TERM GIVES GIVE RISE TO CIVIL FORACTUAL DAMAGES FEE FEES LIABILITY DAMAGE STATUTORY DAMAGES ATTORNEY DAMAGE ATTORNEYS 15 USC EXTENDED USC COST COSTS 1640 RIGHTTO RESCIND LOAN CONTRACT FOR UP TO 1635 OR CHARGES CHARGE AND 12 CFR 22623 MAY YEAR FROM CLOSING15 YEARS CANCEL MORTGAGEAND FINANCE OTHER LOAN COSTS COST ENHANCED FINANCE CHARGES FEE PAID BY CONSUMER FOR DAMAGES INCLUDING DAMAGE CHARGE AND FEES HOEPA VIOLATION VIOLATIONS 1640 A4 15 USC NOTE TILA AND HOEPA ARE NOT INTENDED TO PREEMPT STATE OR FEDERALLAWS LAW WITH MORE VIOLATION OF LILA VIOLATIONS STRINGENTPROVISIONS PROVISION AND UNDER 15 USC 1607E AND REG CONSTITUTE VIOLATIONS VIOLATION OF THE FEDERAL TRADE COMMISSION ACT USC ACT OR PRACTICES 45 AND THEREFORE CONSTITUTE UNFAIR OR DECEPTIVE ACTS PRACTICE HOEPA 15 PREDATORY LENDING CONSUMER PROTECTIONCLE 124 JULIA COSTER 11501 FEDERALLAWS LAW CONTINUED APPLICABLE CREDIT CFR OPPORTUNITYACT USC 1601 ET AND SEQ REG 12 202 TRANSACTION BASED ON RACE COLOR PROHIBITSDISCRIMINATION IN CREDIT TRANSACTIONS PROHIBIT STATU RELIGION NATIONAL ORIGIN SEX MARITAL STATUS AGE AND RECEIPT OF LIC ASSISTANCE REQUIRE WRITTEN REQUIRES AUTHORIZE AUTHORIZES BASI FORDENIAL OF CREDIT APPLICATIONFOR CREDIT AND BASIS PRIVATEDAMAGES ACTION DAMAGE ACTIONS 15 USC 1691E USC 3601 3619 42 OF RESIDENTIAL REAL ESTATE BASED PROHIBITSDISCRIMINATION IN FINANCING PROHIBIT RACE FAMILIAL STATUS COLOR RELIGION NATIONAL ORIGIN GENDER HANDICAP STATU AUTHORIZE AUTHORIZES ACTION 42 USC 3613 PRIVATEDAMAGES DAMAGE ACTIONS HOUSING ACT ESTATE SETTLEMENT PROTECTION ACT USC REQUIRE GOOD FAITH ESTIMATE REQUIRES OF SETTLEMENT STATEMENT 2601 ET SEQ COST PRIOR CLOSINGCOSTS OF ACTUAL COSTS COST OF LOAN AT TO CLOSINGAND CLOSING AUTHORIZE AUTHORIZES PRIVATERIGHTOF ACTION FOR DAMAGES DAMAGE UNDER CERTAIN 2607 CIRCUMSTANCES15 USC CIRCUMSTANCE 2608 STATELAWS LAW APPLICABLE UNFAIR TRADE PRACTICES PRACTICE AND 471A ACT ACTS OR PROTECTION ACT METHOD PROHIBITSUNFAIR METHODS PROHIBIT PRACTICE IN THE CONDUCTOF TRADE OR PRACTICES OF AS COMPETITIONAND UNFAIR OR DECEPTIVE COMMERCE VIOLATE FEDERAL STATUTES STATUTE SUCH AS HOEPA TILA ECQA ETC AND ALLEGECONDUCT VIOLATES THEREFORE CONSTITUTES CONSTITUTE UNFAIR OR DECEPTIVECONDUCT IN VIOLATION OF AS 4550471 CONSTITUTE UNFAIR ALLEGECONDUCT CONSTITUTES AND AH OR BUT OF ALASKA NATIONAL SEE DECEPTIVECONDUCT MORTGAGELOAN ON ORIGINALPURCHASEOF HOME SERVICE UNDER CPA GOOD OR SERVICES GOODS REMEDIE REMEDIES INCLUDE INJUNCTIVERELIEF UP TO 815 ENUMERATED IN AS 857 19911 LQ SERVICINGOF THAT LOAN NOT P2D AND TREBLE AS DAMAGE AND FULL ATTORNEYS DAMAGES ATTORNEY FEE FEES 45 HOME LOANS LOAN BUT PROHIBIT PREPAYMENT PENALTIES PROHIBITS PENALTIE IN DEPENDING ON WHETHER THE LENDER IS FEDERALLY REGULATEDFEDERAL LAW MAY PREEMPT TFLI STATE PROVISION TFLIS AND ALLOW THE PREPAYMENT PENALTYSEE 12 CFR 56034 MAY BE ABLE TO AND FRAUD IN INDUCEMENT LAW IF ASSERT OF CONTRACTAND UNCONSCIONABILITY ILLEGALITY FACTSSUPPORT FACT PREDATORY LENDING CONSUMER PROTECTIONCLE 125 JULIA COSTER CASE EXAMPLES EXAMPLE CITIGROUPINC FACT FACTS ET NORTHERN USDC DISTRICTOF GEORGIAMARCH ALLEGEDIN COMPLAINT CUSTOMER CUSTOMERS VARIOU METHOD METHODS IR MAIL INCLUDING BY VARIOUS CONTRACT FROM SELLERS SELLER OF CONSUMER PURCHASINGRETAIL INSTALLMENT CONTRACTS GOON GOONS NURTURED OF TRUSTWITH CONSUMERS IN WHICH CONSUMERS WERE LED TO RELATIONSHIP CONSUMER CONSUMER BELIEVE THEYCOULD RELYON LENDERS LENDER FOR SOUND ADVICE REGARDINGORGANIZATION OF DEFENDANT LENDERS LENDER OBTAINED AND FINANCE FINANCES MARKETED NEW LOAN LOANS CONSOLIDATION LQIOM LOAN LOANS EXISTING IN EH DEBT EQUITYLOAN ENGAGED IN IN COMPLAINT ALLEGED VIOLATION VIOLATIONS TO CONSUMERS CONSUMER MISREPRESENTING AND AND REFINANCED TO CONSUMERS CONSUMER THAT PAYMENTS LES NO COST COSTS TO REFINANCE PAYMENT WOULD BE LESS SAVING MONEY NONE OF WHICH WERE TRUE DECEPTIVE WOULD END UP CONSUMER CONDUCT CREDIT CONSUMER TO PURCHASEOPTIONALCREDIT PACKINGINDUCED CONSUMERS UNKNOWINGLY PRODUCT DECEPTIVE PRODUCTS CONDUCT INSURANCE IN ENGAGED IL OF UNFAIR DEBT COLLECTION VIOLATION VIOLATIONS DAY ISSI FAILED TO DISCLOSE PRACTICE FDCPA PRACTICES LOAN TERM TERMS VIOLATION VIOLATIONS DISSEMINATED PAYMENT PRIOR PAYMENTS TO END RIGHT PERIOD CASE EXAMPLE EXAMPLES CONTINUED ECOA VIOLATION VIOLATIONS FAILED TO RETAIN ITT RECORD RECORDS TO CONSUMERS CONSUMER RELATING LOAN APPLICATION APPLICATIONS ACT REPORTING IMPERMISSIBLE PURPOSE PURPOSES FAIR CREDIT VIOLATION VIOLATIONS IE ALL VIOLATIONS VIOLATION CONSTITUTE UNFAIR FTC USED TO SOLICIT OR NEW AND OBTAINED CREDIT REPORT FOR REPORTS LOAN LOANS ACT DECEPTIVE ACTS OR PRACTICESIN VIOLATION OF PRACTICE ACT BARRY HOEPA VIOLATION VIOLATIONS AND FTC ACT VIOLATIONS VIOLATION FTC AND TILA PREDATORY LENDING CONSUMER PROTECTIONCLE 2001009 126 ACT GETTING LOAN LOANAND PERSONAL YOU NEED YOUR HOME AS SECURITY ABOUT USINGYOUR THINKING ARE HOME AS YOU SECURITY THELOAN A2REEMENT SHOULDKNOW ABOUT CREDITLAW THATGIVES GIVEYOU EXTRA TIME TO RECONSIDER HAVE THE RIGHT TO CANCEL FOR LOANYOU GENERALLY WHEN YOU USE YOURHOME AS COLLATERAL OF RESCISSION BUSINES DAYS THI IS CALLEDYOUR RIGHT WITHIN THREEBUSINESS THE CREDITTRANSACTION DAY THIS ACT LENDING AND IT IS GUARANTEED BYTHE FEDERALTRUTHIN WHETHER YOU WANT TO USE DAYSTO RECONSIDER DAY EVEN IF YOUR LOAN THE RIGHT FOR PERSONAL APPLIES APPLIE REPAYMENT YOUR HOME TO GUARANTEE AS AS IT IS OR HOUSE BOAT YOUR PRINCIPAL HOME IS CONDOMINIUM MOBILE HOME LONG FIXED LOAN LOANS WHERE BORROW TO CERTAIN INSTALLMENT RESIDENCE THE RIGHT YOU APPLIES APPLIE AMOUNT AND REPAY THE DEBT ON AN AGREED PAYMENTSCHEDULE AS WEU AS TO HOME EQUITY SERVE AS COLLATERAL CREDITIN WHICH YOUR HOME SERVES CREDITLINES LINE FORMOF REVOLVING THE OF RESCISSIONGIVES GIVE YOU RIGHT THREE EXTRA MEAN RESCINDING CREDIT TRANSACTION MEANS WHAT MEAN MEANS RESCINDINGCREDITTRANSACTION DECIDETHAT YOU DO THEDEAL IN CANCELING THESERVICEBEINGFINANCED YOU NOT WANT THE LOAN OR ARE OTHERWORDS WORD YOU WITHIN THREEDAYS RESCINDTHE CREDIT TRANSACTION DAY FORANY REASON FOR EXAMPLEYOU RATE OR DOES DOE NOT AS LOANTHAT OFFER OFFERS LOWERINTEREST CREDIT SUCH TERM TERMS MAY FINDBETTER THE USE OFYOUR HOME AS COLLATERAL REQUIRE YOU CAN HOW TO CREDIT TRANSACTION RESCIND OFTHE THIRDBUSINESS BUSINES OF RESCISSION UNLES YOU WAIVE YOUR RIGHT UNLESS YOU HAVE UNTILMIDNIGHT ALLTHREEOF THE TO CANCEL THE CONTRACT THE FIRSTDAY AFTER FOLLOWING DAYAFTERTHE TRANSACTION EVENT EVENTS OCCUR OCCURS YOU COUNT AS COUNTS DAY ONE SIGNTHE CREDITCONTRACT CERTAINIMPORTANT FORM CONTAINING LENDINGDISCLOSURE DISCLOSUREEXPLAIN THEKEYTERMS TERM OFTHECREDIT DISCLOSUREABOUTTHECREDITCONTRACTTHESE DISCLOSURES DISCLOSURES THE FINANCE T HE AMOUNT FINANCEDTHE RATE CHARGE BEINGOFFEREDTHEANNUALPERCENTAGE YOU RECEIVE TRUTHIN TOTALOFPAYMENTS PAYMENT AND THE PAYMENTSCHEDULE YOU RECEIVETWO YOU SHOULDBE NOT SUNDAYS SUNDAYOR OCCUR OCCURS ON TO RESCIND OF NOTICEEXPLAINING YOUR RIGHT COPIES COPIE BUSINES DAYS THATFORRESCISSION SATURDAYBUT DAY INCLUDE SATURDAYS PURPOSE BUSINESS PURPOSES EVENT IF THELASTOF THE ABOVE THREEEVENTS HOLIDAYFOR EXAMPLE HOLIDAYS LEGAL PUBLIC AWARE ON FRIDAYYOU HAVE UNTILMIDNIGHT THE FOLLOWING TO RSCIND TUESDAY SHOULDNOT TAKE ANY ACTIONON THI WAITING THIS YOURCREDITOR DURING PERIOD YOUR TRANSACTION THECREDITOR SHOULDNOT GIVE FOR EXAMPLE YOU THEMONEY FROMTHELOANOR IF YOURARE MATERIAL OR THE CONTRACTOR SHOULDNOT DELIVERANY MATERIALS WITH HOME IMPROVEMENT LOAN DEALING STARTWORK CONSUMER PROTECTIONCLE 127 OF RESCISSION THECREDITOR IN WRITING IF YOU DECIDETO EXERCISEYOURRIGHT YOU MUST NOTIFY THEFORM TO YOU USE THECONTRACT THATYOU ARE CANCELING MAY PROVIDEDYOU BYTHECREDITOR WHATEVERFORMOFWRITTENNOTICEYOU USE MAKE SURE IT IS DELIVERED OR LETTER TELEGRAM OFTHETHIRDBUSINESS BUSINES DAY BEFOREMIDNIGHT TRANSMISSION MAILEDOR FILEDFORTELEGRAPHIC OR VISITING THECREDITOR REMEMBER YOU CANNOT RESCINDJUST BY TELEPHONING FROMTHECREDITOR RECEIVETHEDISCLOSURES DISCLOSUREOR THENOTICEOFRESCISSION SEE T HEFIRST THREE AFTER CAN CANCEL AT TIME AND ABOVEYOU DURING YEAR YEARS YOU NUMBER NUMBERS ANY WHICHEVER OCCUR OCCURS FIRST SELL HOME OR BEFORE THECREDITCONTRACT YOUR YOU IF YOU NEVER SIGN WHAT WHEN HAPPENS HAPPEN WITHIN 20 YOU RESCIND ALL MONEY OR PROPERTY CREDITORRECEIVES RECEIVE YOUR NOTICEOF RESCISSION ALSOMUST MUST BE RETURNED TO YOU THE CREDITOR OFTHECREDITTRANSACTION DAY AFTER DAYS YOU PAIDAS RELEASEANY PART INTERESTIN SECURITY YOUR HOME FROMTHECREDITOR IF YOU HAVE RECEIVEDMONEY OR PROPERTY MATERIALS MATERIAL SUCHAS BUILDING AND THAT HOME IS NO HELD AS COLLATERAL YOUR LONGER BEING PROVE PROVES KEEPIT UNTILTHE CREDITOR THECREDITOR HAVE PAIDFOR EXAMPLE RETURN ANY MONEY YOU ALREADY RETURNS MAY SHOWYOU OR CLERK CLERKS OFFICE TO PROVEYOUR LIEN FILEDWITH RELEASE OF YOUR CITY COUNTY PREVIOUSLY TO RETURN THECREDITORS CREDITOR MONEY OR COLLATERAL YOU MUST THENOFFER HOUSEIS NO LONGER D DOE OES NOT CLAIM THE MONEY OR PROPERTY WITHIN 20 DAYS IF THE CREDITOR DAY YOU MAY PROPERTY IT KEEP WAIVING YOUR RIGHTTO RESCIND TO SOMETIMES YOU MAY HAVE FINANCIALEMERGENCY AND NOT BE ABLE TO WAIT FORTHE CREDITOR SOMETIME ACTIONFORTHREEBUSINESS BUSINES DAYS SLOWTHELOANPROCESS DAY FOR EXAMPLE YOUMAY PROCES BY SUSPENDING NEED TO BORROW MONEY TO HAVE QUICKLY ROOFOR DAMAGED HOUSE FOUNDATION REPAIRED OF RESCISSION IF YOU HAVE BONA FIDE PERSONAL ALLOWS YOU TO WAIVE YOUR RIGHT THE LAW ALLOW TO HAVE THE LOAN THIS ENABLES THI ENABLE YOU FINANCIALEMERGENCY PROCES SPEEDED PROCESS UP TO MEET THE YOUR OWN GIVETHE CREDITOR THE ALLOWED DESCRIBING EMERGENCY AND TO RESCIND THE STATEMENT MUST BE DATEDAND WAIVING YOUR RIGHT OF THE HOME ELSEWHO SHARES SHARE IN THE OWNERSHIP OFTHIS THI RIGHT YOU MUST EMERGENCY SITUATIONTO AVAIL YOURSELF WRITTENSTATEMENT FORM ARE FORMS PREPRINTED THATYOU ARE CLEARLY STATING SIGNED BYYOU AND ANYONE NOT DECISION CAREFULLY IF YOU WAIVE YOUR CONSIDERYOUR DECISIONS TRANSACTION WITH THECREDIT SITUATION TYPICALSITUATIONS THE WITH NO YOU APPLYFOR MUST GO AHEAD RIGHTOF RESCISSION CASE WHERE YOUR HOME APPLYIN ALL CASES OFRESCISSION WHEN DO NOT HAVE THERIGHT OFRESCISSION DOE DOES RIGHT FORTHELOAN YOU TO RESCIND RIGHT YOU NOT IS USED AS COLLATERAL LOAN TO PURCHASE OR BUILD YOUR PRINCIPAL HOME SECURED OR REFINANCE WITH THESAME CREDITOR LOANTHATIS ALREADY BY YOU CONSOLIDATE OR NO ADDITIONAL FUND FUNDS ARE AND BORROWED YOURHOME STATEAGENCYIS THECREDITOR FORTHE LOAN CONSUMER PROTECTIONCLE 128 OR EVEN IN THESECASES CASE HOWEVER YOU MAY HAVE CANCELLATION STATEOR LOCALLAW UNDER COOLINGOFF RIGHT RIGHTS AND UNFAIRBUSINESS BUSINES TO PREVENT WORK FORTHE CONSUMER FRAUDULENTDECEPTIVE PRACTICEIN PRACTICES THE FTC WORKS AND AVOID THEM TO FILE INFORMATION TO CONSUMER CONSUMERS AND TO PROVIDE SPOTSTOP THE MARKETPLACE HELP CALL 1877FTCHELP ON OF TOLLFREE ORTO GETFREEINFORMATION ANY COMPLAINT THE FTC ENTERS ENTER INTERNETNG OR USE THE 18773824357 ONLINE DATABASE INTO SECURE FRAUDRELATED THEFTAND OTHER COMPLAINTS COMPLAINT IDENTITY US ABROAD LAWENFORCEMENT CIVILAND CRIMINAL AVAILABLETO HUNDREDS HUNDRED FEDERAL TRADE COMMISSION FOR THE CONSUMER FTC 1992 FEBRUARY CONSUMER PROTECTIONCLE 129 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT INTENTIONALLY 2001009 130 BLANK LOAN HIGHRATE HIGHFEE LOANS 32 MORTGAGES MORTGAGE SECTION FOR OR APPLYING IF YOUREREFINANCING YOUR MORTGAGE HOME INSTALLMENT LOANYOU EQUITY THE LAW AND EQUITY PROTECTION ACT OF 1994 SHOULDKNOW ABOUT THE HOME OWNERSHIP IT AMENDS AMEND THE IN HOME EQUITY AND UNFAIRPRACTICES LENDING ADDRESSECERTAINDECEPTIVE ADDRESSES PRACTICE WITH FOR CERTAIN LOAN LOANS ESTABLISHE ESTABLISHES ACT TILA AND TRUTH IN LENDING REQUIREMENT REQUIREMENTS RULE FORTHESELOANS LOAN ARE CONTAINEDIN SECTION32 OF LOR HIGHFEE THE RULES HIGHFEES HIGHRATE HIGHRATES THE TILA SO THE LOANS LOAN ALSO ARE CALLED SECTION 32 WHICH IMPLEMENT IMPLEMENTS REGULATION THE LAWS LAW DISCLOSURE LOAN ARE COVERED LOANS HERE HERES WHAT REQUIREMENT REQUIREMENTS PROHIBITED MORTGAGE MORTGAGES WHO IS THE LAW TAKE LENDER ACTION ACTIONS CAN AND VIOLATING FEATURE FEATURES YOU AGAINST WHAT LOANS LOAN ARE COVERED THE FOLLOWING TEST TESTS MEET LOAN IS COVERED BY THELAW IF IT MEETS EXCEED BY MORE THAN10 PERCENTAGE POINTTHE POINTS APR EXCEEDS OR RATE ON TREASURY RATES SECURITIEOF COMPARABLE SECURITIES MATURITY AT OR BEFORECLOSING EXCEEDTHE THE CONSUMER THETOTALFEES FEE AND POINTS BY POINTPAYABLE IS FOR2000 OFTHETOTAL LOAN AMOUNT THE 451 FIGURE OF 451 OR PERCENT LARGER CHANGE THI AMOUNT IS ADJUSTED THIS BYTHEFEDERALRESERVE BOARD BASEDON CHANGES ANNUALLY IN THECONSUMERPRICE INDEX RATE THE ANNUAL PERCENTAGE LOANS THATALSOMEET THE LOAN AND HOME EQUITY INSTALLMENT AFFECT THE RULES RULE PRIMARILY REFINANCING OR LOAN TO PURCHASE LOAN THE RULES RULE DO NOT COVER LOANS OR HIGHFEE DEFINITIONOF HIGHRATE CONSTRUCT YOUR HOME REVERSE MORTGAGE MORTGAGESOR INITIALLY CREDITACCOUNTS ACCOUNT REVOLVING WHAT DISCLOSURE DISCLOSURESARE HOME TO LINES OF CREDITSIMILAR LINE EQUITY REQUIRED DISCLOSURE AT LEASTTHREE THE ABOVE TESTS IF YOUR LOAN MEETS MEET TEST YOU MUST RECEIVESEVERALDISCLOSURES BUSINES DAYS BUSINESS DAY BEFORETHE LOAN IS FINALIZED THATTHE LOAN NEED NOT BE GIVEYOU WRITTEN NOTICESTATING AND RECEIVEDTHE THELOAN APPLICATION EVEN THOUGH YOUVESIGNED COMPLETED TO DECIDE WHETHER TO SIGNTHE YOU HAVE THREE BUSINES BUSINESS DISCLOSURE DISCLOSURES DAY DAYS REQUIRED THE LENDER MUST SECTION32 DISCLOSURES DISCLOSURE AFTER LOANAGREEMENT YOU RECEIVETHESPECIAL ON YOUR THAT BECAUSE THE LENDER WILL HAVE NOTICE MUST WARN THE MORTGAGE YOU INTO IF FAIL TO MAKE IT YOU HOME YOU COULDLOSETHERESIDENCEAND ANY MONEY PUT PAYMENT PAYMENTS ANY THE LENDERMUST DISCLOSETHEAPR AND THE REGULAR PAYMENTAMOUNT INCLUDING BALLOONPAYMENTWHERE THE LAWLLOONH PAYMENT DISCUSSEDBELOWFOR PAYMENTS LOAN FORVARIABLERATE LOANS LOANS LOAN THELENDERMUST DISCLOSETHATTHE HIGHRATE HIGHFEE RATE AND MONTHLY PAYMENTMAY INCREASEAND STATE THEAMOUNT OFTHEMAXIMUM MONTHLY PAYMENT THESE DISCLOSURES DISCLOSUREARE IN ADDITIONTO THE OTHERTILA DISCLOSURETHATYOU DISCLOSURES OFTHE LOAN LATER THAN CLOSING CONSUMER PROTECTIONCLE 2001009 131 MUST RECEIVENO WHAT PRACTICES PRACTICE ARE PROHIBITED LOAN LOANS THE FOLLOWING FEATUREARE BANNED FROMHIGHRATE FEATURES HIGHFEE THEREGULAR ALL BALLOONPAYMENTSWHERE PAYMENT DO NOT FULIY PAYMENTS PAY OFFTHE PRINCIPAL OF MORE THANTWICE AMOUNT OFTHEREGULAR BALANCEAND LUMP SUM THE PAYMENT IS REQUIREDFOR LOAN WITH LESS LOANS LES THAN FIVEYEAR TERMS THERE IS AN EXCEPTION TERM PAYMENTS PAYMENT TO BUYOR BUILD HOME IN FORBRIDGE LOAN OFLESS LOANS LES THANONE YEARUSEDBY CONSUMERS 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INFORMATIONTO HELP CONSUMER CONSUMERS AND AVOID THEM TO FILE SPOT STOP CSU CALLTOLLFREE 1877FTCHELP COMPLAINTOR TO GETFREEINFORMATIONON ANY OF OR USE THE OQL THE FTC ETEIS ETEI INTERNET 18773824357 TELEMARKETING THEFTAND OTHER FRAUDRELATED IDENTITY COMPLAINTINTO COMPLAINTS SECURE ONLINE DATABASE LEH TO HUNDREDS HUNDRED CIVIL AND CRIMINALLAWENFORCEMENT US ABROAD A9ENCIE A9ENCIES TRADE 1877FTCHELP COMMISSION WWWFTCGOV MAY 2000 CONSUMER PROTECTIONCLE 132 HOME YOU OWN SCAM EQUITYSCAMS BORROWERSBEWARE BORROWER IF SO ITS LIKELY TO BE YOUR GREATEST ASSET UNFORTUNATELY IF SINGLE LOANTHATS THAT BASED ON THEEQUITY YOU HAVE IN YOURHOMEYOU MAY BE PUTTING YOUR HOME YOU AGREETO YOUR MOST VALUABLEASSET AT RISK AND THOSE WITH LOW INCOMES INCOME OR POOR ELDERLY MINORITY HOMEOWNERSPARTICULAR WHEN BORROWING BASED ON THEIR HOME EQUITY CREDITSHOULDBE CAREFUL MONEY WHY CERTAINABUSIVE OR THEIRHOME PUTTING ABUSIVE THESEBORROWERS WHO UNWITTINGLY LENDER TARGET LENDERS BORROWER MAY BE EXPLOITATIVE ON THE LINE AND LOANFLIPPING TO HIDING LOAN LENDING PRACTICE PRACTICES RANGE FROMEQUITY STRIPPING LOAN WITH EXTRA THE FEDERAL TRADECOMMISSION CHARGE CHARGES URGE YOU URGES PACKING TO AVOID LOSING OF THESE LOAN PRACTICES PRACTICE YOUR HOME TERM AND TERMS BE AWARE TO THE PRACTICES PRACTICE EQUITYSTRIPPING IN EACH MONTH YOU HAVE BUILTUP YOU NEED MONEY YOU DONT HAVE MUCH INCOME COMING HOME LENDER TELL TELLS THAT COULD I N YOU YOU EQUITY YOUR GET LOANEVEN THOUGH YOU KNOW NOT YOUR INCOME IS JUST ENCOURAGE YOU TO ENCOURAGES TO KEEPUP WITH THE MONTHLY ENOUGH PAYMENT THE LENDER PAYMENTS ON INCOME FORM PAD YOUR YOUR APPLICATION TO HELP GETTHE LOAN APPROVED THI LENDERMAY BE OUT TO STEALTHEEQUITY THIS YOU HAVEBUILT UP IN YOUR HOME THE LENDER DOESNT CARE IF YOU CANT KEEPUP WITH THE MONTHLY PAYMENT AS SOON AS YOU DONT THE PAYMENTS HOME AND LENDERWILL FORECLOSETAKING YOU OFTHEEQUITY YOU HAVE SPENT YOUR STRIPPING IF YOU TAKEOUT YEAR BUILDING YEARS PAYMENT YOU PAYMENTS HIDDEN ARE LOANBUTDONTHAVE ENOUGH INCOME BEINGSET UP YOU TERM LOAN TERMS TO MAKE THE MONTHLY WILL LOSE YOUR HOME PROBABLY THE BALLOON PAYMENT ANOTHER FALLENBEHIND IN YOUR MORTGAGE PAYMENT AND MAY FACEFORECLOSURE PAYMENTS OFFER TO SAVE YOU FROMFORECLOSURE AND LENDEROFFERS BYREFINANCING YOUR MORTGAGE LOWERING AT THELOANTERMS TERM THE PAYMENTS PAYMENT LOOK CAREFULLY PAYMENTS PAYMENT MAY BE LOWER YOURMONTHLY LOANON WHICH YOU REPAY ONLY THE INTEREST EACHMONTH AT BECAUSE THE LENDERIS OFFERING YOUVE BORROWEDI DUE THE END OFTHELOANTERM THEPRINCIPALTHAT IS THEENTIREAMOUNT THATYOU BORROWEDIS IN ONE LUMPSUM CALLED BALLOONPAYMENTIF YOU CANT MAKE THE BALLOONPAYMENTOR ID THELOSS LOS OF YOUR HOME REFINANCE YOU FACEFORECLOSURE LOAN FLIPPING SUPPOSE YOUVEHAD YOUR MORTGAGEFORYEARS YEAR THE INTERESTRATE IS LOW AND THE MONTHLY INTO BUT LENDERCALLS CALL PAYMENT FITNICELY YOUR BUDGET YOU COULDUSE SOME EXTRA MONEY PAYMENTS AND USING THEAVAILABILITY OF EXTRA CASHAS BAIT CLAIMS CLAIM ITS TIME TO TALKABOUTREFINANCING IN YOURHOME STARTED THEEQUITY 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YOU YOURHOME WHILEIF YOU GET YOUR THE HOME LOAN IMPROVEMENT OFFER TO CONTRACTOR CALLS CALL OR KNOCKS KNOCK ON YOUR DOOR AND OFFERS KITCHENAT THAT SOUNDS SOUND REASONABLEYOU TELLHIM PRICE HE TELL TELLSYOU ITS NO CAN PROBLEMHE ROOFOR REMODEL YOUR IT BUT CANT AFFORD YOUREINTERESTED ARE ASKED TO SIGN NEW LENDERHE KNOWS KNOW YOU ARRANGEFINANCING THROUGH AND THECONTRACTOR BEGINS BEGINWORK AT AGREE TO THEPROJECT BEGINSYOU BEGIN INSTALL SOME AFTER THECONTRACTOR POINT LOTOF PAPERS PAPER MAY BE BLANK PAPER THE PAPERS OR THE LENDER MAY BEFOREYOU HAVE TIME TO READWHAT YOUVE BEEN GIVENTHE CONTRACTOR SIGN IF THE THREATENTO LEAVETHEWORKON YOUR HOUSENISHED THREATENS YOU DONT SIGNYOU SIGN THAT THE ARE HOME LOAN THE REALIZE LATER YOU YOU PAPER PAPERS SIGNED EQUITY PAPER ONLY PAPERS RUSHYOU TO FEE SEEM VERY HIGHTO MAKE MATTERS MATTER WORSE THE WORK ON YOUR INTEREST RATEPOINTS POINTAND FEES AND THECONTRACTOR OR HASNTBEEN COMPLETED WHO MAY HAVE BEEN HOME ISNT DONERIGHT HASLITTLE INTEREST I N THEWORK TO THE LENDER COMPLETING YOUR SATISFACTION PAIDBY CREDIT INSURANCEPACKING TO MORTGAGE ON TERMS TERM YOU THINKYOU CAN AFFORDAT CLOSING THELENDER JUSTAGREED FORCREDITINSURANCEOR OTHERBENEFITS BENEFIT THAT CHARGE GIVE YOU PAPERS GIVES PAPER TO SIGNTHATINCLUDECHARGES DID NOT ASK FOR AND DO NOT WANT THE LENDER DONT NOTICE ANDTHAT YOU THI THIS HOPEYOU HOPES YOU WHERE ARE ASKED TO THE LENDER DOESNT SIGN EXACTLY PAPER YOU EXPLAIN JUST SIGNTHELOANPAPERS YOUVE THI WILL COST YOU EACH MONTH ON YOUR LOAN IF YOU DO NOTICE HOW MUCH EXTRA MONEY THIS OR OBJECT AFRAID THAT IF YOU MIGHTNOT GETTHE LOAN THE LENDER YOURE YOU ASK QUESTIONS QUESTION THI INSURANCECOMES COME WITH THELOANMAKINGYOU THINKTHATIT COMES COME AT NO MAY TELLYOU THATTHIS THE LENDER MAY EVEN TELLYOU THAT IF YOU WANT THE LOAN ADDITIONAL COST OR IF YOU OBJECT THATIT COULDTAKESEVERAL WITHOUTTHE INSURANCE THE LOANPAPERS PAPER WILL HAVE TO BE REWRITTEN THE LOAN ALTOGETHER IF YOU AGREE TO BUYTHE DAY AND THATTHE MANAGER MAY RECONSIDER DAYS ARE PAYING EXTRA INSURANCE YOU REALLY OR FORTHE LOAN BY BUYING PRODUCT YOU MAY NOT WANT NEED ABUSE ABUSES MORTGAGE SERVICING AFTERYOU GET MORTGAGE FROMYOUR LENDERSAYING THATYOUR MONTHLY YOU RECEIVE LETTER THE LENDER THAT WILL BE T HAN YOU SAY SAYS YOUR PAYMENT PAYMENTS HIGHER EXPECTED PAYMENT INCLUDE PAYMENTS WITH FOR TAXE TAXES AND INSURANCE EVEN TO THOSE ITEM YOURSELF ITEMS ESCROW THOUGH YOU ARRANGED PAY LATEFEES FEE THELENDERS LENDER OKAYLATER MESSAGE FROMTHELENDERSAYS ARE BEING SAY CHARGED WERE ON TIME RECEIVE THAT BUT YOU KNOW YOUR PAYMENTS OR YOU MAY MESSAGE SAYING PAYMENT INSURANCEAND THELENDERIS BUYING MORE PROPERTY COSTLY YOU FAILEDTO MAINTAIN REQUIRED THAT DONT UNDERSTANDLIKE FEESARE INSURANCEAT YOUR EXPENSE OTHERCHARGES YOU CHARGE LEGAL ADDED TO THEAMOUNT YOU OWE INCREASING YOURMONTHLY PAYMENT OR THEAMOUNT YOU OWE PAYMENTS DOESNTPROVIDE AT THE END OFTHELOANTERM THE LENDER YOU WITH AN ACCURATE OR COMPLETE YOU ASK FOR STATEMENT TO REFINANCE WITH ANOTHER LENDER ACCOUNT OFTHESECHARGES CHARGE PAYOFF THAT INACCURATE OR AND RECEIVE STATEMENT THATS TO DETERMINE HOW MUCH ALMOSTIMPOSSIBLE PAY MORE CONSUMER THE LENDERS LENDER ACTIONS ACTION MAKE IT INCOMPLETE OR HOW MUCH YOUVEPAID YOU OWE YOU MAY THANYOU OWE PROTECTIONCLE 134 OVERYOUR DEED SIGNING AND THELENDERHAS THREATENED TO FORECLOSE TROUBLE IF YOU ARE HAVING PAYING YOURMORTGAGE ANOTHERLENDER CONTACT FEEL MAY YOU WITH AN AND TAKEYOURHOMEYOU MAY DESPERATE BEFOREHE CAN HELP ASK YOU TO DEEDYOUR YOU HE ASKS OFFERTO HELP YOU FIND NEW FINANCING FORECLOSURE THE MEASURE TO THATITS TO PREVENT TEMPORARY PROPERTY HIM CLAIMING THATWOULDLETYOU SAVE REFINANCING PROMISED YOURHOME NEVER COME COMES THROUGH HE MAY HE STARTS START TO TREAT IT AS HIS OWN ONCE THE LENDERHAS THE DEED TO YOUR PROPERTY NOT YOURS IT FORHIS BENEFIT BORROWAGAINST YOUROR EVEN SELLIT TO SOMEONE ELSE BECAUSE YOU IS SOLD THE DONT OWN THEHOME ANY MORE YOU WONT GETANY MONEY WHEN THEPROPERTY AS TENANT AND YOURMORTGAGE LENDERWILL TREAT PAYMENT AS RENT IF YOUR RENT PAYMENTS YOU ARE PAYMENT PAYMENTS YOU CAN LATEYOU CAN BE EVICTED FROM YOUR HOME YOURSELF AGAINST LOSING YOUR HOME TO PROTECT INAPPROPRIATE LENDING PRACTICE PRACTICES HERE HOW HERES DONT LOANIF YOU AGREETO HOME EQUITY PAYMENT PAYMENTS DONT HAVE ENOUGH INCOME TO MAKE THEMONTHLY SIGNANY DOCUMENTYOU HAVENTREADOR FILLEDIN AFTER YOU SIGN ANY DOCUMENT THAT HAS BLANK SPACE SPACES TO BE LET ANYONEPRESSURE ANY DOCUMENT YOU INTO SIGNING LOAN THATINCLUDES INCLUDE CREDITINSURANCE OR EXTRA TO AGREE YOU PRODUCT PRODUCTS DONT WANT OF EXTRA CASHOR LOWERMONTHLY LET THEPROMISE PAYMENT GETIN THE WAY OF YOUR PAYMENTS WORTHIT ABOUT WHETHER THE COST YOU WILL PAY FORTHE LOAN IS REALLY JUDGMENT GOOD TO ANYONE FIRSTCONSULT AN ATTORNEYKNOWLEDGEABLE DEED YOURPROPERTY FAMILY MEMBER OR SOMEONE ELSE YOU TRUST DO IS REQUIRED AS CONDITIONOF THE LOAN IF IT ISNT IF CREDITINSURANCE SPECIFICALLY ASK THATTHE AND CHARGE IS INCLUDEDIN YOURLOANAND YOU DONT WANT THEINSURANCE OF DOCUMENT IF YOU WANT THEADDED SECURITY BE REMOVED FROMTHE LOANDOCUMENTS CHARGE THEBEST RATE RATES CREDITINSURANCE SHOPAROUNDFOR STATEMENT STATEMENTS AND CANCELED OFWHAT YOUVE CAREFUL RECORD RECORDS PAID INCLUDING BILLING KEEP IS INACCURATE THINK CHECK CHALLENGE CHECKS YOU ANY CHARGE ASK CONTRACTOR REFERENCES REFERENCE WHEN IT IS TIME TO HAVE WORK DONE IN YOUR HOME GET CHECK CONTRACTORS MORE THANONE ESTIMATE OF ANY TERMS TERM OR CONDITIONS IF YOU NEED AN EXPLANATION CONDITIONTALK READ ALLITEMS ITEM CAREFULLY MEMBER OR AN ATTORNEY TO SOMEONE FAMILY YOU CAN TRUSTSUCHAS KNOWLEDGEABLE BEFOREYOU AGREETO ALLTHECOSTS COST OF FINANCING CONSIDER LOAN FOR MORE INFORMATION CONSUMER PROTECTIONCLE 135 WORK FORTHE CONSUMER TO PREVENT AND UNFAIRBUSINESS THE FTC WORKS FRAUDULENT BUSINES PRACTICES DECEPTIVE PRACTICEIN AND TOPROVIDE INFORMATIONTOHELP CONSUMER CONSUMERS AND THE MARKETPLACE AVOID THEM TO FILE SPOTSTOP OR TO FREEINFORMATION ON OF CALL TONFREE 1877FTCHELP COMPLAINT GET ANY OR USE THE OLAI THE FTC ENTERS ENTER INTERNET 18773824357 TELEMARKETING INTO THEFT AND OTHER FRAUDRELATED SECURE ONLINE DATABASE IDENTITY COMPLAINT COMPLAINTS AVAILABLETO HUNDREDS HUNDRED OF AND CRIMINALLAW ENFORCEMENT US ABROAD A9ENCIE A9ENCIES COMMISSION 1877FTCHELP FTC APRIL1998 CONSUMER PROTECTIONCLE 2001009 136 FORTHE LOOKING BEST MORTGAGE AROUNDFOR SHOPPING WILL HELP HOME LOANOR MORTGAGE YOU TO GETTHEBESTFINANCING OR HOME EQUITY LOANIS LOANI ITS HOME PURCHASEREFINANCING MORTGAGEWHETHER YOULL WANT TO AND TERMS TERM MAY BE NEGOTIABLE LIKE CAR SO THEPRICE JUST DEAL PRODUCT COST INVOLVEDIN COMPARE ALLTHE COSTS NEGOTIATING MAY SAVE AND OBTAININGMORTGAGESHOPPINGCOMPARING THOUSANDOFDOLLARS DOLLAR YOU THOUSANDS LENDER OBTAIN INFORMATION FROM SEVERAL LENDERS LOAN ARE AVAILABLE FROM SEVERAL LOANS TYPE OF TYPES COMMERCIAL LENDER MAY QUOTE AND CREDITUNIONS UNION DIFFERENTLENDERS YOU DIFFERENT BANK MORTGAGECOMPANIES BANKS COMPANIE TO MAKE SURE THE SHOULD CONTACT SEVERAL L LENDER ENDERS YOURE GETTING BEST PRICE PRICE SO YOU PRICES TRANSACTION BROKER ARRANGETRANSACTIONS YOU CAN ALSO GET HOME LOAN THROUGH MORTGAGEBROKERBROKERS BROKER BROKERS IN OTHERWORDS FIND LENDERFORYOU RATHER THANLENDING WORD THEY MONEY DIRECTLY HOME OFLOANPRODUCTS AND TERMS TERM FROM WIDER SELECTION PRODUCT CONTACT SEVERAL LENDERS LENDER WHICH YOU CAN CHOOSEBROKERS BROKER WILL GENERALLY REGARDING YOUR HAVE NOT TO FIND THEBESTDEALFOR UNLES UNLESS BUT THEY ARE YOU THEY OBLIGATED TO ACCES ACCESS SEVERAL LENDERSCAN LENDER MEAN APPLICATION CONTRACTED WITH YOU MORE THANONE TO ACT AS BROKER JUST AS YOUR CONTACTING AGENTCONSEQUENTLY YOU SHOULDCONSIDER BANK OR THRIFTINSTITUTIONS INSTITUTION YOU SHOULDWITH BANKS BROKERMAY NOT ALWAYS ALWAY BE CLEAR SOME LENDER LENDERS AND BROKER BROKERS AND MOST BROKERS BROKER FINANCIALINSTITUTIONS INSTITUTION OPERATEAS BOTH IS BE SURE TO ASK WHETHER BROKER ADVERTISEMENTDO NOT USE THE WORDBROKER THEREFORE ADVERTISEMENTS WHETHER YOU ARE WITH DEALING LENDER OR BECAUSE BROKERS BROKER ARE USUALLY PAID FEE FORTHEIR IMPORTANT TO THE LENDER LENDERS OR OTHER FEE FEES FROM AND IN ADDITION SERVICE THATMAY BE SEPARATE SERVICES ORIGINATION OR AS AN ADDON TO BROKER COMPENSATION BROKERS MAY BE IN THE FORM OF POINTS POINT PAIDAT CLOSING INVOLVED THI MATION THIS IS OR BOTH YOU SHOULDASK EACHBROKER YOU WORK WITH HOW HE OR SHE WILL YOUR FEES BE PREPARED FEE TO NEGOTIATE WITH BE COMPENSATED SO THATYOU CAN COMPARE THE DIFFERENT BROKER AS WELL AS THE LENDERS LENDER THE BROKERS COST INFORMATION OBTAIN ALL IMPORTANT LENDER OR BROKERS BROKER KNOW HOW FROMSEVERALLENDERS GETINFORMATIONABOUT AND FIND OUT ALLTHE COST COSTS INVOLVEDIN THELOAN MUCH OF DOWN PAYMENTYOU CAN AFFORD RATE IS NOT ENOUGH ASK PAYMENTOR THE INTEREST KNOWING JUSTTHEAMOUNT OFTHEMONTHLY THAT SAME LOAN LOAN OF LOAN SO FORINFORMATIONABOUTTHE TERM AMOUNT TYPE YOU CAN TO GET FROM EACH LENDER INFORMATIONIS IMPORTANT COMPARE THE INFORMATIONTHE FOLLOWING BE SURE TO AND BROKER RATE RATES INTEREST RATES AND RATE ASK EACHLENDERAND BROKERFOR LISTOFITS CURRENT MORTGAGE ARE THELOWEST FORTHATDAYOR WEEK WHETHERTHERATES RATE BEING QUOTED RATES FOR RATE OR ASK WHETHERTHERATE IS KEEPIN MIND THATWHEN INTEREST SO DOES DOE THEMONTHLY LOAN GO UP GENERALLY LOANS PAYMENT ADJUSTABLERATE CONSUMER PROTECTIONCLE 137 IS FORAN IF THERATEQUOTED LOANASK HOW YOURRATE AND LOANPAYMENT ADJUSTABLERATE WHETHERYOURLOANPAYMENT WILL BE REDUCEDWHEN RATES RATE GO WILL VARY INCLUDING DOWN TAKE INTO ACCOUNT NOT LOAN ASK ABOUTTHELOANS PERCENTAGE APR THE APR TAKES AND CERTAIN OTHER CREDITCHARGES THEINTEREST RATE BUT ALSO BROKER FEE FEES CHARGE POINT POINTS ONLY THATYOU MAY BE TO PAY EXPRESSED AS RATE REQUIRED YEARLY POINT POINTS ARE RATE FEE PAIDTO THELENDEROR BROKERFORTHELOANAND ARE OFTENLINKED TO THEINTEREST FEES THE MORE POINTS USUALLY POINTYOU PAY THE LOWERTHE RATE RATE AND CHECK YOUR LOCALNEWSPAPER FORINFORMATIONABOUT RATES CURRENTLY BEING POINTS POINT OFFERED TO YOU AS DOLLARAMOUNTRATHER THANJUST AS THE ASK FORPOINTS POINTTO BE QUOTED NUMBER OFPOINTSSOTHATYOU WILL ACTUALLY KNOW HOW MUCH YOU WILL HAVE TO PAY FEE FEES HOME LOAN OFTEN INVOLVES INVOLVE MANY BROKERFEES FEE AND BE ABLETO ARE FEE SUCH AS FEES ORIGINATIONUNDERWRITING SETTLEMENTAND CLOSING EVERYLENDEROR BROKERSHOULD ESTIMATEOFITS FEES FEE MANYOF THESEFEES FEE ARE NEGOTIABLE SOME FEES FEE GIVEYOU AN WHEN FOR LOANSUCHAS YOU APPLY PAID AND APPRAISAL OTHER ARE APPLICATION FEE AND OTHERS FEES BORROWTHEMONEY NEEDEDTO PAY THESE FEES IN SOME CASES CASE YOU FEE BUT PAIDAT CLOSING COST NO COST LOANS LOAN ARE SOMETIMES SOMETIME DOINGSO WILL INCREASEYOUR LOANAMOUNT AND TOTALCOSTS CAN INVOLVEHIGHER RATES RATE AVAILABLEBUT THEY USUALLY INCLUDE SEVERALITEMS ITEM MAY BE LUMPED INTO ONE FEE ASK WHAT EACHFEEINCLUDES UNDERSTAND OF ANY FEEYOU DO NOT SOME MON ASK FORAN EXPLANATION FEE FEES WITH ARE LISTED ON THE MORTGAGE ASSOCIATED HOME LOAN CLOSING SHOPPING WORKSHEETIN THIS THI BROCHURE DOWN INSURANCE PAYMENT AND PRIVATE MORTGAGE PAYMENTS LENDER REQUIRE 20 PERCENT OFTHE HOMES HOME AS DOWN PAYMENT SOME LENDERS PURCHASE PRICE LES LESS LENDER NOW OFFERLOANS LOAN THATREQUIRE THAN 20 PERCENT HOWEVERMANY LENDERS DOWNSOMETIME DOWNSOMETIMES AS LITTLE AS ON IF 20 PERCENT DOWN PERCENT THE HOME BUYER TO PURCHASE LENDER USUALLY REQUIRE PAYMENTIS NOT MADE LENDERS TO PROTECT THE LENDERIN CASE THE HOME BUYER FAILSTO PAY WHEN FAIL IH GOVERNMENTASSISTED PROGRAM SUCH AS PROGRAMS MORTGAGE VA FEDERAL HOUSING ADMINISTRATION OR RURAL DEVELOPMENT SERVICE ARE AVAILABLETHE DOWN SERVICES VETERANADMINISTRATION VETERANS BE SMALLER MAY SUBSTANTIALLY PAYMENT REQUIREMENTS REQUIREMENT FHA ASK ABOUT THE LENDERS LENDER REQUIREMENTS FOR DOWN PAYMENT INCLUDING WHAT YOU NEED REQUIREMENT TO DO TO VERIFY THATFUNDS FUND FORYOURDOWN PAYMENTARE AVAILABLE ASK YOUR LENDER ABOUT SPECIAL PROGRAM IT MAY OFFER PROGRAMS IF PMI IS REQUIRED FORYOUR LOAN ASK WHATTHETOTALCOSTOFTHEINSURANCEWILL BE ASK HOW MUCH YOUR MONTHLY PAYMENTWILL BE WHEN CONSUMER PROTECTIONCLE THE PMI PREMIUM INCLUDING 138 ASK HOWLONG YOU WILLBE TO CARRY PMI REQUIRED OBTAINTHE BEST DEAL THAT YOU CAN HAS TO OFFER FORTHEBESTDEALTHATYOU CAN ON ONCE YOU KNOW WHATEACHLENDER NEGOTIATE LENDER ANDBROKERS BROKER MAY OFFER DIFFERENT TERM TO DAY LENDERS PRICEFORTHESAME LOAN TERMS PRICES ANY GIVEN THE MOST CONSUMER HAVE THESAME LOAN QUALIFICATIONS DIFFERENT CONSUMER EVEN IF THOSECONSUMERS CONSUMERS QUALIFICATION IS THAT LOANOFFICERS OFFICER AND OFTEN ALLOWED REASON FORTHIS THI DIFFERENCE IN PRICE BROKER ARE BROKERS LIKELY AS EXTRACOMPENSATION THEDIFFERENCE TO KEEP SOME OR ALLOFTHIS THI DIFFERENCE GENERALLY FOR LOANPRODUCT AND ANY BETWEEN THE LOWEST AVAILABLEPRICE BORROWER AGREE TO PAY IS AN AGREES TO CONSUMERS CONSUMER QUOTED THEY CAN OCCUR THATTHE HIGHER PRICE WHEN OVERAGES OVERAGE OCCUR THEYARE BUILT INTO THE PRICES PRICE IN BOTH FIXED AND VARIABLERATELOANS LOAN AND CAN BE IN RATE WHETHERQUOTED TO YOU THEFORMOF POINTS FEE OR THEINTEREST POINTFEES THE O F LOAN CONTAIN BROKER PRICE ANY MAY OVERAGE OVERAGES BY LOANOFFICEROR COST ASSOCIATED WITH THE LOAN THEN ASK IF HAVE THE LENDER OR 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BROKER NEGOTIATE COMPROMISE HAVE REMEMBER SHOP COMPARENEGOTIATE WHEN COST AND TERMS AROUNDTO COMPARECOSTS TERM AND TO BUYING HOME REMEMBERTO SHOP FOR THE BEST DEAL YOUR LOCAL AND THE INTERNET ARE NEGOTIATE NEWSPAPER GOODPLACES PLACETO START FOR LOAN YOU CAN USUALLY FIND INFORMATIONBOTH INTEREST RATES AND ON POINTS RATE SHOPPING POINT FORSEVERALLENDERS LENDER SINCE RATES RATE ANDPOINTS CAN W ANT TO CHECK POINT CHANGE DAILYYOULL YOUR FOR HOME LOAN BUT THE NEWSPAPERDOES DOE NOT LISTTHE FEES FEE NEWSPAPER OFTENWHEN SHOPPING SO BE SURE THE TO ASKTHE LENDERS LENDER ABOUTTHEM SHOPPING THATFOLLOWS FOLLOW MAY ALSOHELP YOU TAKE IT WITH YOU WHEN YOU SPEAK TO EACHLENDER OR BROKER AND WRITEDOWN THEINFORMATIONYOU OBTAIN BROKER COMPETEWITH EACH OTHERFORYOUR BUSINESS DONT BE AFRAIDTO MAKE LENDERS LENDER AND BROKERS BUSINES BY THEM KNOW THAT ARE FOR THEBESTDEAL LETTING YOU SHOPPING FAIR LENDINGIS REQUIRED BY LAW ACT PROHIBITS LENDER FROMDISCRIMINATING LENDERS CREDIT EQUALCREDIT OPPORTUNITY PROHIBIT AGAINST IN OF CREDIT TRANSACTION ON THEBASIS BASI OF RACE COLOR APPLICANTANY ASPECT APPLICANTS RELIGION THE NATIONALORIGIN OF THEAPPLICANTS INCOME SEX MARITALSTATUS STATU AGE WHETHERALLOR PART APPLICANT OR WHETHER THE COME COMES FROM PUBLIC ASSISTANCE HAS IN FAITH PROGRAM APPLICANT GOOD CONSUMER EPU PROTECTIONCLE 009H 139 ACT EXERCISEDRIGHT UNDERTHECONSUMER CREDITPROTECTION REALESTATE TRANSACTIONS TRANSACTIONON THE DISCRIMINATION IN RESIDENTIAL ACT PROHIBITS HOUSING PROHIBIT FAMILIALSTATUS STATU OR NATIONALORIGIN BASI OF RACE COLOR BASIS SEX HANDICAP RELIGION THE FAIR CHARACTERISTIC NOR LOANBASED ON THESECHARACTERISTICS UNDER THESELAWS LAW CONSUMER CANNOT BE REFI TERM TERMS BASED ON SUCH CHARACTERISTIC CHARACTERISTICS LOAN OR LESS LES BE CHARGED MORE FOR OFFEREDFAVORABLE STILLSHOP CREDIT PROBLEMS PROBLEM DONT ASSUME COMPAREAND NEGOTIATE OR DIFFICULTIES DIFFICULTIE STEMMING FROM THATMINOR CREDITPROBLEMS PROBLEM UNIQUE LOS OF INCOME WILL LIMIT YOUR LOAN CHOICES LOSS CHOICE TO SUCHAS 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STAMPTAXES TAXES TAXE TRANSFER FLOODDETERMINATION PRIVATEMORTGAGE INSURANCEPMI PREPAID AND HOME CONSUMER INSPECTION INSPECTIONS PROTECTIONCLE 143 TOTAL FEES FEE AND OTHER COST ESTIMATES ESTIMATE CLOSINGSETTLEMENT MORTGAGE SHOPPINGWORKSHEET CONTINUED OFLENDER NAME CONSIDERATION OTHER QUESTIONS QUESTION AND CONSIDERATIONS MORTGAGE MORTGAGE MORTGAGE FEE OR COST COSTS WAIVABLE ANY OFTHE FEES RE PREPAYMENT PENALTIE PENALTIES IS THERE PREPAYMENT PENALTY IF SO HOW MUCH IS IT HOW LONG DOE THE PENALTY DOES PERIODLAST FOREXAMPLE YEAR YEARS YEARS YEAR ARE EXTRA PRINCIPAL PAYMENT ALLOWED PAYMENTS LOCKIN LOCKINS IN THE LOCKIN AGREEMENT WRITING IS THERE FEE TO LOCKIN WHENDOES DOE THE LOCKIN OCCUR APPROVAL APPLICATION OR HOW LONGWILLTHE IF THE RATE AT ANOTHER TIME LOCKIN LAST DROPSBEFORE CLOSINGCAN DROP LOCKIN AT YOU LOWER RATE IF THE LOAN IS AN RATE ADJUSTABLE MORTGAGE WHAT IS THE INITIAL RATE WHAT IS THE MAXIMUM NEXT THE RATE COULD BE YEAR PAYMENTCAPS CAP EACH AND OVER THE LIFE OF THE LOAN YEAR WHAT ARE THE RATE AND WHAT IS THE FREQUENCY OF RATE CHANGE AND OFANY CHANGES CHANGE TO THE MONTHLY PAYMENT WHAT IS THE INDEX THATTHE LENDERWILLUSE WHAT MARGINWILLTHE LENDER ADD TO THE INDEX CREDIT LIFE INSURANCE DOES THE MONTHLY DOE AMOUNT QUOTED TO YOU DU FOR CREDIT LIFEINSURANCE CHARGE IF SO OES THE LENDER REQUIRED CREDIT LIFE INSURANCEAS CONSUMER FLI CONDITIONOFTHE LOAN PROTECTIONCLE 144 MORTGAGE HOW MUCH DOES DOE THE CREDITLIFEINSURANCE COST HOW MUCH LOWERWOULDYOURMONTHLY BE WITHOUTTHE CREDITLIFE PAYMENT INSURANCE DOE NOT REQUIRE CREDIT LIFE IF THE LENDERDOES INSURANCE AND YOU STILLWANT TO BUYIT RATE CAN YOU GETFROMOTHER WHAT RATES CONSUMER PROTECTIONCLE 145 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT INTENTIONALLY BLANK 146 DISCRIMINATION MORTGAGE ACT ECOA THEEQUALCREDITOPPORTUNITY ACT ANDTHEFAIR HOUSING FOR DISCRIMINATIONWHEN YOU APPLY AGAINST TO MORTGAGE HOME PHA PROTECT YOU OR MAKE REFINANCE PURCHASE IMPROVEMENT IMPROVEMENTS YOUR RIGHTS RIGHT UNDERECOA DISCRIMINATIONIN THE 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RIGHT STATUS CREDITOR MAY CONSIDER YOUR IMMIGRATION TO THEDEBT REMAIN IN THECOUNTRY LONG ENOUGH REPAY SUCH AS INTEREST RATE OR LARGER DOWN DIFFERENT TERM TERMS OR CONDITION CONDITIONS HIGHER IMPOSE LOAN BASED ON OR OTHER FACTOR FACTORS ON RACE SEX YOUR PROHIBITED PAYMENT OF THE NEIGHBORHOOD WHERE YOU WANT TO LIVE THIS THI CONSIDERTHE RACIAL COMPOSITION DISCLOSE THI INFORMATIONTO THIS IS BEING ALSOAPPLIES WHEN THEPROPERTY APPLIE APPRAISED ASK ABOUT YOUR QUESTIONABOUT EXPENSES EXPENSE RELATEDTO PLANSFORHAVING FAMILYQUESTIONS PLAN YOUR ARE PERMITTED DEPENDENT DEPENDENTS LOAN OR SET DIFFERENT TERM TERMS REFUSE TO PURCHASE BASED ON OR CONDITION FORTHE LOAN PURCHASE CONDITIONS FACTOR FACTORS DISCRIMINATORY IF YOU REQUIRECOSIGNER MEET THE LENDERS LENDER STANDARDS STANDARD YOUR APPLICAFION STRENGTHENING NOT EVERYONE WHO LENDER CAN USE APPLIEFOR MORTGAGEWILL GETONE LENDERS APPLIES AND CREDIT TO EVALUATE DEBT HISTORY APPLICANT APPLICANTS INCOMEEXPENSES EXPENSE DEBTS FACTOR SUCH AS FACTORS GIVE 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COUNTER OFFER IS IN THE LENDERMAY HAVE REJECTED FIND OUT WHAT YOUR CREDITREPORT YOUR BECAUSE OF INFORMATION IN CREDIT IF THE LENDER NEGATIVE YOUR SO APPLICATION REPORT TELLYOU THIS THI AND GIVEYOU THENAME ADDRESS NUMBER OFTHECREDIT ADDRESAND PHONE FROM THE CREDITBUREAU IF YOU REQUEST BUREAU YOU CAN GET FREECOPY OFTHATREPORT MUST IT WITHIN 60 THECREDITBUREAUCAN CHARGE DAYSOTHERWISE DAY UP TO S8 CONTAIN INACCURATE CONTAINS THECREDITBUREAUIS REQUIRED IF YOURREPORT TO INFORMATION ITEM ITEMS THAT THOSE INACCURATE INVESTIGATE YOU DISPUTE COMPANIEFURNISHING COMPANIES BUREAU ALSOMUST REINVESTIGATE ITEM THATYOU DISPUTE ITEMS IF INFORMATIONTO THE CREDITBUREAUS THE CREDITBUREAUS BUREAU ACCOUNT AFTER YOU STILLDISPUTE REINVESTIGATION YOU CAN INCLUDE IN CREDIT OFTHE PROBLEMYOUR REPORT YOUR SUMMARY FROM THE LENDER MORTGAGE GET COPY OF THE PROPERTY APPRAISAL APPLICATION APPLICATIONS MAY BE REVIEW THE THAT IT TURNEDDOWN BECAUSEOF POORAPPRAISALS CHECK APPRAISAL APPRAISAL CONTAIN ACCURATE INFORMATIONAND DETERMINEWHETHER THEAPPRAISER CONTAINS CONSIDERED OF THE NEIGHBORHOOD ILLEGAL FACTORSUCH AS THE RACIALCOMPOSITION FACTORS IF YOU SUSPECTDISCRIMINATION TAKE ACTIONIF YOU THINK YOUVEBEEN DISCRIMINATEDAGAINST TO THE LENDER SOMETIMES SOMETIME YOU CAN PERSUADE THE LENDERTO RECONSIDER YOUR COMPLAIN APPLICATION CHECK WITH YOURSTATE ATTORNEY GENERAL OFFICETO SEE IF THECREDITOR GENERALS VIOLATEDSTATE CREDIT LAW MANYSTATES LAWS STATE HAVE THEIROWN EQUAL LAW LAWS OPPORTUNITY FAIRHOUSING AND VIOLATION VIOLATIONS TO THE APPROPRIATE CONTACT LOCALPRIVATE GROUP REPORT IF IS THELENDER MUST GIVE YOUR MORTGAGE APPLICATIONDENIED GOVERNMENT AGENCY ADDRESOF THEAGENCYTO CONTACT YOU THENAME AND ADDRESS THE LENDERIN FEDERALDISTRICT COURT IF YOU WIN YOU CAN RECOVER YOUR CONSIDERSUING ACTUALDAMAGES FIND THATTHELENDERS LENDER DAMAGEIF THECOURTFINDS DAMAGES DAMAGEAND BE AWARDEDPUNITIVE CONDUCTWAS WILLFULYOU ALSOMAY RECOVER REASONABLE FEE AND COURT LAWYERFEES LAWYERS WITH OTHER OTHERS TO FILE YOU ALSO MIGHTCONSIDER 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TDD 18005438294 YOU HAVE ONE YEARTO FILE COMPLAINT WITH HUD BUT YOU SHOULDFILEAS YOUR COMPLAINT TO HUD SHOULDINCLUDE YOUR THE NAME NAME SOON POSSIBLE AS AND ADDRESS ADDRES AND ADDRESS ADDRES OFTHEPERSON OR COMPANY WHO IS THESUBJECT OFTHE COMPLAINT ADDRES OR OTHERIDENTIFICATION OFTHEHOUSING THE ADDRESS INVOLVED SHORTDESCRIPTION OF THE FACTS FACT THATCAUSED YOU TO BELIEVE YOUR RIGHTS RIGHTWERE VIOLATED AND THE DATES VIOLATION DATE OF THE ALLEGED HUD WILL NOTIFY RECEIVE YOUR COMPLAINT TD YOU WHEN IT RECEIVES NORMALLY ALSO WILL VIOLATOR OF YOUR COMPLAINT AND PERMIT THE PERSON TO SUBMIT AN NOTIFYTHE ALLEGED ANSWER AND DETERMINEWHETHER THEREIS REASONABLE CAUSE TO INVESTIGATE YOUR COMPLAINT BELIEVETHEFAIR HOUSING ACT HASBEEN VIOLATED AND IT IF CANNOT AN WITHIN 100 DAY NOTIFY YOU COMPLETE INVESTIGATION DAYSOF RECEIVING YOUR COMPLAINT FOR VIOLATIONS VIOLATION OF THE ECOA FOR AND THE FHA BANK BANKS NATIONALLYCHARTED OF THECURRENCY COMPTROLLER COMPLIANCE MANAGEMENT MAIL 75 STOP DC 20219 WASHINGTON CONSUMER PROTECTIONCLE 2001009 150 INSURANCE CORPORATION FOR STATECHARTEREDBANKS BANK INSURED BYTHEFEDERAL DEPOSIT BUT NOT MEMBERS MEMBER OF THE FEDERAL RESERVE SYSTEM CORPORATION FEDERAL DEPOSIT CONSUMERAFFAIRS AFFAIR DIVISION DC 20429 WASHINGTON LOAN FOR FEDERALLYCHARTERED OR FEDERALLYINSURED SAVINGAND LOANS SAVINGS OFFICEOF THRIFTSUPERVISION AFFAIR PROGRAM CONSUMERAFFAIRS DC WASHINGTON FOR 20552 CREDIT UNIONS UNION FEDERALLYCHARTERED NATIONALCREDITUNION ADMINISTRATION CONSUMERAFFAIRS AFFAIR DIVISION DC WASHINGTON 20456 FOR STATE MEMBER CONSUMERAND BANK BANKS OF THE FEDERAL RESERVE SYSTEM AFFAIRS AFFAIR COMMUNITY BOARD OFGOVERNORS GOVERNOR OF THE FEDERALRESERVESYSTEM 20TH NW STREETS STREET DC 20551 WASHINGTON FOR DISCRIMINATION ALLKINDS KIND COMPLAINTAGAINST COMPLAINTS OF CREDITORS CREDITOR OFJUSTICE DEPARTMENT CIVIL RIGHTS RIGHTDIVISION DC 20530 WASHINGTON THE FTC WORK FORTHE CONSUMER WORKS TO PREVENT AND UNFAIR BUSINESS BUSINES FRAUDULENTDECEPTIVE CONSUMER THE MARKETPLACE AND TO PROVIDE INFORMATION TO HELPCONSUMERS OR TO GETFREE INFORMATION ON ANY OF COMPLAINT OR USE THE COMPLAINT 18773824357 THE FTC ENTER INTERNETLEM ENTERS SECURE CIVIL AND CRIMINAL LAW ENFORCEMENT FEDERAL TRADE ION 1877FTCHELP TO FILE CALL TOLLFREE 1877FTCHELP THEFTAND OTHER FRAUDRELATED COMPLAINTINTO COMPLAINTS IDENTITY AVAILABLETO HUNDREDS HUNDRED IN PRACTICES PRACTICE SPOTSTOPAND AVOID THEM FOR THE US ONLINE DATABASE ABROAD CONSUMER WWWFTCGOV 1998 FEBRUARY CONSUMER PROTECTIONCLE 151 THI THIS CONSUMER UI PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 152 STATE STATES UNITED FOR THE NORTHERN ICTH DISTRICT ATLANTA FEDERAL COURT OF GEORGIA DIVISION COMMISSION TRADE PLAINTIFF CIVIL NO CITIGROUP INC COMPANY ASSOCIATE ASSOCIATES CREDIT CITIFINANCIAL FIRST CAPITAL AND ASSOCIATES ASSOCIATE CORPORATION AMERICA OF NORTH CORPORATION DELAWARE CORPORATIONS CORPORATION DEFENDANT DEFENDANTS COMPLAINT FOR AND OTHER PERMANENT EQUITABLE INJUNCTION RELIEF BYITS UNDERSIGNED ATTORNEY ATTORNEYS THE FEDERALTRADE COMMISSIONCOMMISSION PLAINTIFF AS FOLLOWS FOLLOW ALLEGES ALLEGE THI IS THIS COMMISSION ACT IN AN FTC ACT TILA LENDING ACT ECOA FCRA CONSUMER 15 USC 15 USC ACTIONUNDER SECTIONS SECTION 5A ACT 15 USC 15 USC 1607C 1691CC 1681SA PROTECTIONCLE 45A 53B AND AND SECTION OFH AND SECTION TO SECURE 13B 621A 16A 56A OF THE FEDERALTRADE SECTION 108C OF THE TRUTH THE EQUAL CREDIT OPPORTUNITY OF THE FAIR CREDIT REPORTING ACT RELIEFAND OTHEREQUITABLE RELIEF PERMANENT INJUNCTIVE 2001009 153 AND DISGORGEMENT DEFENDANTFORENGAGING DEFENDANTS RESCISSION RESTITUTION REFORMATION AGAINST INCLUDING IN UNFAIROR 15 USC ACT OR PRACTICES ACTS IN VIOLATION OFSECTION5A OFTHE FTC ACT DECEPTIVE PRACTICE 45A AMENDEDAND IN VIOLATION OF THE TILA PRACTICE PRACTICES OR ACT ACTS AND ACTS ACT OR IN VIOLATION OF THE FCRA PRACTICES PRACTICE THI COURT HAS SUBJECT THIS MATTER 45A 53B 1607C 1691CC AND 15 USC AS THI MATTER THIS AND 28 USC ACT AMENDEDACTS 202 CFR 1681A1681U OVER JURISDICTION 1681SA AS 226 IMPLEMENTING REGULATION12 IN VIOLATION OF THE ECOAS ECOA PRACTICE PRACTICES AMENDED 15 USC IMPLEMENTING REGULATION12 CFR THE TILAS TILA AS AS AS OR AMENDED AMENDED PURSUANTTO 15 USC 1331 1337A AND 1345 VENUE IS PROPERIN THE UNITED STATES STATE DISTRICT COURT FORTHE NORTHERNDISTRICTOF UNDER28 GEORGIA USC AND 1391B AND 15 USC PLAINTIFFTHE COMMISSIONIS AN GOVERNMENT CREATEDAND 15 USC FTC ACT 15 USC COMMERCE CONSUMER IIU 4158 STATE STATES AND RESPONSIBILITY GIVEN STATUTORY AUTHORITY BYTHE FTC ACT THE COMMISSION 45A AND THE TILA INDEPENDENT AGENCY OF THE UNITED WHICH ECOA PROTECTIONCLE IS CHARGED WITH SECTION 5A ENFORCING ACT ACTS PROHIBITUNFAIROR DECEPTIVE PROHIBITS AND FCRA AS OR AMENDED OF THE IN OR AFFECTING PRACTICE PRACTICES THE COMMISSION IS AUTHORIZEDBYSECTION 154 13B OF THE FTC ACT 15 USC 704C OFTHE ECOA 168 TILA FCRA SECTION 53B 15 USC 108C 1691CC INITIATEFEDERALDISTRICTCOURT TO OF THE TILA SECURE SECTION 1607C AND SECTION 621A OF THE FCRA 15 TO ENJOIN VIOLATION OF THE FTC ACT VIOLATIONS PROCEEDINGS PROCEEDING THE AND ITS IMPLEMENTING REGULATIONAND THE THEECOA AND ITS IMPLEMENTING REGULATION AND TO 15 USC RELIEF AS MAY BE SUCH EQUITABLE IN EACH CASE INCLUDING BUT NOT APPROPRIATE REDRES AND DISGORGEMENT LIMITED TO REDRESS INC DEFENDANT CITIGROUP OF BUSINESS BUSINES AT 153 ITS PRINCIPAL PLACE CITIGROUP DELAWARE CORPORATION THATMAINTAINS MAINTAIN 53 STREETNEW YORK NY IS CITIFINANCIAL CREDIT COMPANYLH WHICH IS IN TURN IS 10043 DEFENDANT OWNED SUBSIDIARY OF CITICORP INC WHOLLY OF CITIGROUP CITIFINANCIAL OWNED SUBSIDIARY WHOLLY IS DELAWARE CORPORATION OF BUSINESS BUSINES AT 300 ST PAUL PLACEBALTIMOREMD THATMAINTAINS MAINTAIN ITS PRINCIPAL PLACE 21202 TRANSACT BUSINESS BUSINES IN THIS THI DISTRICT AND CITIFINANCIAL CITIGROUP ON NOVEMBER CONSUMMATED 30 2000 CITIGROUP ITS ACQUISITION OF DEFENDANT ASSOCIATE FIRST CAPITAL PURSUANTTO ASSOCIATES ASSOCIATE FIRST CAPITAL ASSOCIATES CORPORATION PLAN OF MERGER DATED SEPTEMBER 2000 AGREEMENT SHALL SUCCEEDTO AND ASSUME STATE THATCITIGROUP STATES ARTICLE AN SECTION 11 AND AGREEMENT OF THE AGREEMENT ALLTHE RIGHTS OF ASSOCIATES ASSOCIATE RIGHTAND OBLIGATIONS OBLIGATION IS MERGING THE DOMESTICCONSUMER ANDBELIEFCITIGROUP FIRSTCAPITALON INFORMATION INTO THE CONSUMER BUSINES OF ASSOCIATES BUSINESS ASSOCIATE FIRST CAPITAL AND CITIFINANCIALARE SUCCESSOR FINANCEBUSINESS BUSINES OF CITIFINANCIAL AND ARE TO ASSOCIATES ASSOCIATE FIRSTCAPITAL CORPORATION CORPORATIONS IN THIS THI COMPLAINT ILLEGAL PRACTICE PRACTICES ALLEGED CONSUMER PROTECTIONCLE 155 FINANCE CITIGROUP LIABLE FORTHE ASSOCIATE FIRST CAPITAL ASSOCIATES IS OF BUSINESS BUSINES AT PLACE DELAWARE CORPORATION THATMAINTAINED ITS PRINCIPAL 250 EAST CARPENTER TEXA 75062 FREEWAYIRVINGTEXAS DEFENDANT ASSOCIATES ASSOCIATE FIRST CAPITAL WAS THE PARENT ASSOCIATE CORPORATION ASSOCIATES OF NORTH AMERICA AT COMPANY OF DEFENDANT ALLTIMES TIME RELEVANTTO THIS THI COMPLAINT ASSOCIATE FIRSTCAPITAL ASSOCIATES TRANSACTED BUSINES IN THIS BUSINESS THI DISTRICT DEFENDANT ASSOCIATES ASSOCIATE CORPORATION OF NORTH AMERICA ASSOCIATESNORTH ASSOCIATE AMERICA IS LOCATIONIN ASSOCIATE FIRST CAPITAL ASSOCIATES DEFENDANT ASSOCIATES ASSOCIATE NORTH IRVINGTEXAS TEXA AS DEFENDANT AMERICA WAS DELAWARE CORPORATION THATMAINTAINED ITS PRINCIPAL OF BUSINESS BUSINES AT THE SAME PLACE AND THE PRINCIPAL BA WHOLLYOWNED SUBSIDIARY UNIT OF DEFENDANT OPERATING ASSOCIATE FIRST CAPITALAT ALLTIMES ASSOCIATES TIME RELEVANTTO THIS THI COMPLAINT ASSOCIATE NORTH AMERICA ASSOCIATES TRANSACTED BUSINES IN THIS BUSINESS THI DISTRICT AT ALLTIMES TIME RELEVANTTO THIS THI COMPLAINT DEFENDANTASSOCIATES DEFENDANTS ASSOCIATE FIRST CAPITAL AND ASSOCIATE NORTH AMERICATOGETHER ASSOCIATES WITH SUBSIDIARIES SUBSIDIARIE COLLECTIVELY REFERRED TO AND ASSOCIATESOFFEREDFINANCEPRODUCTS ASSOCIATE PRODUCT LOAN AUTOMOBILE FINANCING LOANS AND PERSONAL SERVICE TO CONSUMERS SERVICES CONSUMER AS HOME EQUITY LOAN LOANS INCLUDING RETAILSALES SALE FINANCING THE ASSOCIATES ASSOCIATE ALSOSOLD OF CREDITRELATEDINSURANCEPRODUCTS AND OTHERANCILLARY TO ITS CONSUMER PRODUCT PRODUCT PRODUCTS CUSTOMER CUSTOMERS 10 THE ASSOCIATES ASSOCIATE OPERATED AS COMMON OF REGULATION 12 CFR CONSUMER EUL VARIETY FINANCE ENTERPRISE THE ASSOCIATES ASSOCIATE DISSEMINATED ADVERTISEMENTS ADVERTISEMENT TO THE PUBLIC THATPROMOTECONSUMER CREDITTRANSACTIONS AS THE TERMS TERM ADVERTISEMENT TRANSACTION 2262 THE PROTECTIONCLE 2262 AS AND CONSUMER CREDIT ARE AMENDED 156 DEFINED IN SECTION TERM IS DEFINEDIN SECTION REGULATION12 ECOA CREDITORAS AT ALLTIMES TIME RELEVANTTO THIS THI COMPLAINT THE ASSOCIATES ASSOCIATE WAS 11 15 USC 169 IA AND SECTION 20221 OF AND SECTION17H AND AS THATTERM IS DEFINEDIN SECTION702E 17H CFR 15 USC THEREFORE WAS OFTHETILA THAT OF REGULATION 12 CFR OF THE TO COMPLY WITH APPLICABLE REQUIRED PROVISION PROVISIONS OFTHE AND 20221 AND REGULATIONAND AND REGULATION THE ECOA ASSOCIATE ASSOCIATES 12 THE ASSOCIATES ASSOCIATE PROVIDED CONSUMER SUBPRIMEMARKET THE MARKET IS COMPRISED OF PERSONS SUBPRIME PERSON WHO CREDITRISKS RISK AND THUS THU DO GREATER BC NOT MEET OR CONSIDEREDTO BE STANDARD REQUIRED STANDARDS TO LYH THE STRICTUNDERWRITING CREDIT IMEH NONCONFORMING BORROWER WITH GREATER BORROWERS CREDITRISK OR INCOME ARE FOR TO CREDIT HENCE THE FINANCING TO SUCH PERSONS REFERRED PROVIDED PERSON IS ALSOCOMMONLY PRIME OR AS FINANCE PRODUCTS AND SERVICES SERVICE PRIMARILY TO THE PRODUCT OR LENDER LIKE THE ASSOCIATES LENDERS ASSOCIATE MAKE LOANS LOAN TO CREDITRISK INCLUDING PERCEIVED GREATER PERSON PERSONS FROM LOWER BORROWER HAVE DIFFICULTY MINORITY NEIGHBORHOODS NEIGHBORHOOD MANYSUCH BORROWERS OBTAINING FINANCING TO FROM PRIME LENDER MOREOVERTRADITIONALPRIME LENDERS LES LIKELY LENDERLIKE BANKS LENDERS BANK HAVE BEEN LESS MARKET THEIRPRODUCTS PRODUCTOR MAINTAIN 13 OFFICEIN OFFICES LOWERINCOME OR MINORITY NEIGHBORHOODS NEIGHBORHOOD TO COMPENSATE FORTHE PERCEIVED GREATERRISK INVOLVED TO THE FINANCING EXTENDING THAT ITS CUSTOMERS CUSTOMER PRICE LENDERCHARGED LENDERS MARKETTHE ASSOCIATES ASSOCIATELIKE OTHERSUBPRIME PRICES SUBPRIME WERE THAN THOSEAVAILABLE TO BORROWERS BORROWER IN THE SUBSTANTIALLY HIGHER CONSUMER PROTECTIONCLE MARKET THIS THI 157 WAS REFLECTED RATE AND POINTS RATES ONE PERCENT IN THE HIGHER INTEREST OFTHE AMOUNT POINTONE POINT EQUALS EQUAL PRIMARILY FINANCEDON THE LOANCHARGED TO SUCH CUSTOMERS CUSTOMER 14 THE ASSOCIATES ASSOCIATE NURTURED OF TRUST RELATIONSHIP IN WHICH CUSTOMER CUSTOMERS WERE LED TO ON THE ASSOCIATES ASSOCIATE FORSOUND ADVICE ABOUT ORGANIZING THEIRFINANCES FINANCE FOR BELIEVE THEYCOULDRELY EXAMPLE DOCUMENT ENTITLEDWELCOME TO THE WORLD OF ASSOCIATES ASSOCIATE PASSPORT PASSPORT INCLUDED THE FOLLOWING PROMISE TO THE ASSOCIATES ASSOCIATE QUALITYSERVICE PROMISES TO MEET OR EXCEED ALLYOUR MENDH TO OUR EXPLAIN TO CAN TO THE BEST OF OUR ABILITY EXPECTATION EXPECTATIONS AND SERVICES SERVICE THATFITYOUR ONLYTHOSEPRODUCTS PRODUCT TO THATYOU NEED AND NEEDS CONSUMER CONSUMERS NEED NEEDS LOANDOCUMENTS DOCUMENT AND FINANCIALPRODUCTS TERM IN NONTECHNICAL TERMS PRODUCT UNDERSTAND YOU PROVIDE WITH COMPETENT WHO EMPLOYEES EMPLOYEE ARE CARINGPROFESSIONAL MOTIVATED AND PERSONABLE IN 15 FACTTHE ASSOCIATE ENGAGED ASSOCIATES IN NUMEROUS NUMEROU VIOLATION OF LAW TO INDUCE CONSUMERS VIOLATIONS CONSUMER AND FEES FEE AND 16 TO TO TAKE OUT OR AND OTHER DECEPTIVE PRACTICE PRACTICES REFINANCELOANS LOAN WITH RATE COSTS COST HIGHINTERESTRATES CREDITINSURANCE PURCHASE HIGHCOST THE ASSOCIATES ASSOCIATE OBTAINED ITS CUSTOMERS CUSTOMER OF MEANS MEAN THROUGHVARIETY SUCH AS OF RETAILINSTALLMENTCONTRACTS CONTRACT FROM SELLERS SELLEROF HOUSEHOLDAND OTHERCONSUMER PURCHASE ASSOCIATETIME PAYMENTS ASSOCIATES PAYMENTOR ATPS ATP OTHERDIRECTMAIL OFFER OFFERS MI CONSUMER CONSUMERS GOOD GOODS OFLIVE CHECKS CHECK AND THE ACQUISITION OF SUBPRIME LENDER ANDOR THEIRLOANPORTFOLIOS LENDERS AND PORTFOLIO THIRDPARTIES SUCH AS THROUGH PARTIE CONSUMER THE MAILING TO THE PROTECTIONCLE HOME DEALER AND MORTGAGE DEALERS BROKER BROKERS IMPROVEMENT 2001009 158 ONCE IN THE CUSTOMER CUSTOMERS ASSOCIATE LOANPORTFOLIO ASSOCIATES SOLICITED TO TAKEOUT NEW AGGRESSIVELY WERE WITHIN FEW DAYS REFINANCE THEIREXISTING DEBT FOR EXAMPLE DAY OF THE INITIAL ATP OF CASHING PROPOSE LIVE CHECK THE ASSOCIATES ASSOCIATE TRAINEDTO WERE EMPLOYEE EMPLOYEES LOANOR DIFFERENT TYPEOF LOANUSUALLY PERSONAL LOAN AND LOANS OR THE TRANSACTION THE CUSTOMER CONTACT TO HOME EQUITY LOANGENERALLY RESIDENTIAL LOANSECUREDBYSINGLEFAMILY THE ASSOCIATES ASSOCIATE POLICY THEREAFTER MORTGAGE PROPERTY WAS TO SOLICITCUSTOMERS CUSTOMER EVERY 90 ADDITIONALINCOME GENERATED ON DAY TO DAYS OFFERNEW LOAN FORMORE LOANS THESELOANS LOAN BECAUSECUSTOMERS CUSTOMER MONEY THE ASSOCIATES ASSOCIATE PAIDNEW POINT POINTSINSURANCE ANDOROTHERFEES FEE AND CHARGES PREMIUMS PREMIUM CHARGE 17 THE ASSOCIATES ASSOCIATE EMPHASIZED HOMEOWNERS TO HOME HOMEOWNER UPSELLING AND THROUGH MARKETING TOOL USED TO CONVINCE CUSTOMERS CUSTOMER SOLICITATIONTOOLS THE ASSOCIATES ASSOCIATE INDUCED CUSTOMERS CUSTOMER REFINANCING TO LOAN LOANS EQUITY OF THE BENEFITS BENEFIT OF REFINANCETHEIR EXISTING CONSUMER INTO HOME EQUITY KNOWN DEBT CONSOLIDATIONLOAN TYPICALLY LOAN PRACTICE SINGLE THESE AND SOLICITATIONTOOLS TOOL REPEATEDLY STRESSED THAT MARKETING THEM REQUIRING THEM TO INTEREST ALLOWING MONEY THEIRHOMES HOME SOONER AND OFTENFALSE TO DISSUADE CUSTOMERS CUSTOMER THEM SAVING FROM SHOPPING AROUNDFOR ASSOCIATETRAINED ASSOCIATES ITSEMPLOYEES TO TAKE EMPLOYEE OUT AS FLIPPING DEBT CONSOLIDATIONLOAN WOULD THEIRMONTHLY BENEFITCUSTOMERS CUSTOMER FOREXAMPLE BY LOWERING PAYMENT PAYMENTS OWN CREDITDEBTS DEBT MORE TO LES PAY LESS THESE CLAIMS CLAIM WERE AFFORDABLE LOANTHE OFTHE MARKET BYASSURING CUSTOMER CUSTOMERS FORTHE PROPOSED LOAN THEYWILL BE APPROVED 18 THE ASSOCIATES ASSOCIATE CREATEDAND TRAINEDITS EMPLOYEES EMPLOYEETO USE THE WHAT IF AND PLAN EAP ADVANTAGE CONSUMER IU EQUITY CUSTOMER TOOL TO COMPARE THE CUSTOMERS PROGRAM AND SIMILAR SOLICITATIONTOOLS PROGRAMS PROTECTIONCLE 159 CURRENT DEBTS DEBT WITH ONE OR MORE THE CONSUMERS CONSUMER CONSOLIDATING MANY ASSOCIATE LOANPROPOSALS ASSOCIATES AND TO DEMONSTRATE THE BENEFITS BENEFIT PROPOSAL DEBT WITH DEBTS AN ASSOCIATE LOANTYPICALLY ASSOCIATES HOME EQUITY LOAN IN ASSOCIATE USED THE CONSUMER INSTANCETHE ASSOCIATES INSTANCES THI PURPOSE THE WHAT IF PROGRAM WAS THIS MOST IN THE CUSTOMERS CUSTOMER REPORT OFTENINITIATED WITH ASSOCIATE EMPLOYEE ASSOCIATES THE CUSTOMER FOREXAMPLEWHAT IF ASKING SAVE DEBT DEBTS EACHMONTH ESTABLISH THE EMPLOYEE INTEREST MET TYPICALLY THE MONEY SAVED INDICATING 19 CUSTOMER CUSTOMERS THE WHAT IF CURRENT IN THE AMOUNT CALLFROMAN TELEPHONE COULDSHOW YOU OF XXX WITH THE CUSTOMER IN PERSON WORKSHEETCOMPARING THE CUSTOMERS CUSTOMER CURRENT LOAN FILEFOR IN THE TOTALINTERESTCHARGES CHARGEON YOUR SAVE ACCOUNT SAVINGS SAVING OF CURRENT WAY CURRENT IF THE CUSTOMER TO PRESENTTHE EAP DEBT WITH THE ASSOCIATES DEBTS ASSOCIATE TO SHOWED PREPRINTED LOANAND PROPOSED WITH THE ASSOCIATES ASSOCIATE LOAN LAP AND SIMILAR SOLICITATIONTOOLS TOOL DID NOT ACCURATELY COMPARE DEBT LOAD WITH THE ASSOCIATES ASSOCIATE DEBT CONSOLIDATIONHOME THEREFORE THE PURPORTED BENEFIT WERE SAVINGAND OTHERBENEFITS SAVINGS LOANAND EQUITY FOR EXAMPLEIN COMPARING MISLEADING THE CUSTOMERS CUSTOMER TOTALMONTHLY DEBT WITH THE MONTHLY PAYMENT ON HIS CURRENT DEBTS PAYMENTS PAYMENTON THE TOOL ASSUMED LOANTHESESOLICITATIONTOOLS PROPOSED 20 TYPICALLY YEAR YEARS EVEN THE SAME MONTHLY SAVINGOVER SAVINGS THE CUSTOMER CURRENT DEBTS CUSTOMERS DEBT OFTENINCLUDEDSHORTTERM THOUGH LOANTERM DEBT EG DEBTS INSTALLMENT WOULD BE PAIDOFF PERSONAL LOAN AUTOMOBILELOANS LOANS LOAN ANDCREDITCARD DEBTS DEBT THATLIKELY WITHINFIVEYEARS TOOL SOMETIMES SOMETIME PURPORTED TO SHOW YEAR THESE SOLICITATIONTOOLS CONSUMER CONSUMERS CURRENT CONSUMER WHERE THE DEBT HAD LOWERINTERESTRATES DEBTS RATE THAN THE PROPOSED LOAN IN ADDITION IN THE MONTHLY CUSTOMER CUSTOMERS REPRESENTING SAVINGFROM CONSOLIDATING SAVINGS THE WHAT IF EVEN SAVINGS SAVING AND EAP FIRSTMORTGAGE AND OTHER DEBTS DEBT TAXE AND HOMEOWNERS TAXES HOMEOWNER INSURANCE PROGRAM FAILEDTO ACCOUNT FORPROPERTY PROGRAMS PROTECTIONCLE 160 CUSTOMER THATTHE ASSOCIATES ASSOCIATE CUSTOMERS INCLUDE TO PAY REQUIRED WERE AN CUSTOMER MONTHLY CUSTOMERS PAYMENT ASSOCIATE DID INSURANCEBUT THE ASSOCIATES NOT ESCROW OUT LENDER LENDERS OFPOCKETMOST MORTGAGE TAXE AND HOMEOWNERS TAXES HOMEOWNER FORPROPERTY AMOUNT MONTHLY PROGRAMS CALCULATED PROGRAM THE WHAT IF AND EAP IN THIS THI OUT HOME EQUITY LOANWITHOUTFACTORING FROMTHE ASSOCIATES ASSOCIATE DEBTCONSOLIDATION SAVINGS SAVING CONSUMER COST TO CONSUMERS OFPOCKET OR CAUSED TO BE THE ASSOCIATES ASSOCIATE DISSEMINATED 20 VARIOU MEDIA VARIOUS BUT NOT LOAN CREDITADVERTISEMENTS LOANS HOME EQUITY ADVERTISEMENTINCLUDING PROMOTING EXHIBIT LIMITED TO THE ATTACHEDEXHIBITS NECESSARILY CONSUMER ALIA THATCONSUMERS HOME YOULL HAVE MORE POCKET EXHIBIT EMPHASI IN ORIGINALEXHIBITS EMPHASIS CHART HOW ILLUSTRATING INTO THE SAME 24000 ORIGINALTHESE AND OTHERHOME AMOUNT 412 SAVING SAVINGS SHORTTERM UNSECURED 21 CONSUMER ALSOINCLUDED AND MONTH MONEY IN OF YOUR MONTHLYPAYMENT COMPARISON MONTH MORE HELOC IN YOUR AND MAKE ADVERTISEMENT USED BY THE ADVERTISEMENTS EQUITY EVERY MONTH IN FINE PRINT THESEHELOC ONE LOWERMONTHLY POCKET EVERY MONTH EMPHASI IN EMPHASIS ASSOCIATE TOUTED ASSOCIATES MONTHLY CURRENTOFTEN BYIMPROPERLY COMPARING TERM HOME ASSOCIATE LONG DEBT WITH THE ASSOCIATES DEBTS PROTECTIONCLE MORE LOAN COULD CONSOLIDATES24000 OF CREDITCARDAUTO AND BANK LOANS ASSOCIATE DEBT WITH THE ASSOCIATES THAT 412 THATS PAYMENT182 MONTHLY PAYMENTSMEAN PAYMENT THE TERM MONEY LEFTAT THE END OF THE MONTHDURING LOAN CONSUMER LESSINTEREST BY LES WITH THE ASSOCIATES ASSOCIATE LINE OF CREDITHELOC EQUITY STATEDINTER ALIA THATLOWER EXHIBIT SIMILARLY INTER THESE CREDITADVERTISEMENTS ADVERTISEMENT STATED AND AND PAY MONTHLY PAYMENT WOULD LOWER THEIRDEBTS DEBT INTO CONSOLIDATING YOUR IN ADVERTISEMENT ADVERTISEMENTS DISSEMINATED LOAN EQUITY ADVERTISEMENT ADVERTISEMENTS STATEDTHATTHE MINIMUM 161 MONTHLY PAYMENTOF182 WITH INTEREST AT 908 BALANCEOF 24000 ASSUME ASSUMES IN ORIGINAL ALSOSTATEDTHAT HOWEVERTHE FINEPRINT EMPHASIS EMPHASI MONTH MONTHS YOU COULDPAY LOAN FEEOF UP 800 AVERAGING APPROXIMATELY COST COSTS AND CLOSING TO BY FAILING ON HOME OF THE CREDITLINE TO IN MOST IF NOT LOAN AND LOANS EQUITY AS TO AN AMOUNT AMOUNTS INTERESTONLY PAYMENT WITH INTERESTAT 908 LINETHE CONSUMER AT INTO 800 APR TEN IN WOULD NOT YEAR HELOC COST COSTS CLOSING 22 HOMEOWNER HOMEOWNERS AS OVER ONE MADE MINIMUM 10 YEARS YEAR AND DID THE CONSUMER RATHER FINALBALLOONPAYMENT AND INDUCEMENT FOR HOME AN MONTHLY PAYMENT OF 182 PAYMENTS NOT DRAW FURTHERON THE CREDIT THE ORIGINAL LOANBALANCE DEBT INTO THE ASSOCIATES DEBTS ASSOCIATE WAS WOULD SIMPLY SHIFTSHORTTERM LOAN THE EQUITY LOAN PERSONAL HOME LOANWITH THE EQUITY FORUP TO 5000 THAT 10 PROTECTIONCLE 01Q 1200 DEBT DEBTS LOAN FEE ASSOCIATE OFFERED ASSOCIATES OBTAINWITHIN HOURS HOUR THE ASSOCIATES ASSOCIATE TOUTEDTHIS THI LOANIN THE PASSPORT CONSUMER HELOC UNCERTAINADJUSTABLE APR THE CLOSING OF PENDING EXPRESLOAN EXPRESS TIME FEE THE ASSOCIATES ASSOCIATE HELOC THATIS SECUREDBY THE CONSUMERS CONSUMER HOME AND INCLUDES INCLUDE EXPRESLOAN EXPRESS THE HOMEOWNERS HOMEOWNER MONTHLY PAYMENTON BALLOONPAYMENTOF ABOUT 24000 MONEY ONE AND OVERSTATEDTHE PURPORTED MONTHLY SAVING SAVINGS THE LISTEDCURRENT BY CONSOLIDATING SAVE BE PARTOF THE LOAN THE MONTHLY PAYMENT IF THE CONSUMER 120 MONTHS MONTH WOULD STILLOWE THE END OF 10 YEARS YEAR THE CONSUMER REVEALTHATTHE 182 NOT CAN BYSTATE INCLUDEDTHESE COSTS COST IN THE CONSUMERS CONSUMER LOAN PRINCIPAL INCLUDE THESE TYPICAL FEE AND COSTS FEES COST ADDITIONTHE CHARTDID COST COSTS CLOSING 120 FEE ASSOCIATE CHARGED LOANFEES ALLINSTANCES INSTANCETHE ASSOCIATES CHARTUNDERSTATEDTHE TRUE LOAN AMOUNT COMPARISON IN OVER PAYABLE APR 162 ASSOCIATE ASSOCIATES CUSTOMER COULD FOR HOME LOAN YOU CAN GETOUR EQUITY AND HOMEOWNER EXPRESS HOMEOWNERS EXPRESLOAN RECEIVEUP TO 5000 IMMEDIATELY LOANIS BEING PREPARED PAY NO INTERESTWHILE YOUR HOME EQUITY HOMEOWNER EXPRESS LOANCLOSES WHEN YOUR HOME EQUITY CLOSEYOUR HOMEOWNERS EXPRES LOAN IS PAIDOFFAT NO INTERESTTO YOU IF YOU FQYH TO THE ASSOCIATES ASSOCIATE POLICIES POLICIEIF THE CUSTOMER OBTAINED ACCORDING ASSOCIATE WITHIN 30 ASSOCIATES HOMEOWNER LOAN EXPRESS EXPRES DAY THE HOMEOWNERS DAYS LOAN AND NO INTERESTWOULD BE CUSTOMER DID NOT OBTAIN OR DID QUALIFY NOT WANT IT LOANWITH THE EQUITY WOULD BE PAIDOFFBY THE HOME EQUITY ON THE HOMEOWNERS HOMEOWNER LOAN HOWEVER IF THE EXPRESS EXPRES CHARGED HOME EG HOME LOANWITH THE EQUITY ASSOCIATE ASSOCIATES EITHERBECAUSEHE DID NOT TERM BECAME LESS LES FAVORABLE OR BECAUSEHE LATER BECAUSE THE LOANTERMS RESCINDEDTHE TRANSACTION THE CUSTOMER WAS STILLOBLIGATED TO PAY OFFTHE HOMEOWNERS HOMEOWNER EXPRESS EXPRES INTERESTRATE AND TERM FORPERSONAL LOAN EG LOANS LOAN AT THE PREVAILING 28 FORSIX MONTHS MONTH HOME EQUITY ASSOCIATE STRUCTURED THE HOMEOWNERS HOMEOWNER EXPRESS THE ASSOCIATES EXPRESLOAN AND SUBSEQUENT ALTHOUGH LOANAS INTO TWO HOME TWO SO WERE IN TRANSACTION TRANSACTIONS THEY SEPARATE AS TO CONSUMER CONSUMERS PROVIDE WITH IMMEDIATE CASH IMMEDIATE CASHIS LOANSIN PARTBECAUSE THE TILA LOAN EQUITY PRESCRIBED BY THE TILA CONSUMER CONSUMERS PROVIDES PROVIDE WITH NOT ON POSSIBLE OF THREEDAY RIGHT WAIVED THE RIGHT OF RESCISSIONFOR BONA FIDE FINANCIALEMERGENCY RESCISSION UNLESS UNLES THE CONSUMER AS ONE TRANSACTION THATTHE ASSOCIATES ASSOCIATE SPLIT REALITY THE ASSOCIATES ASSOCIATE COULDNOT DISBURSEANY MONEY UNTILTHE RESCISSION THE LOANCLOSING THE ASSOCIATES ASSOCIATEUSEDTHE HAD EXPIRED THREEBUSINESS BUSINES DAYS TYPICALLY DAY AFTER PERIOD HOMEOWNER HOMEOWNERS CUSTOMER OR WAS LOAN EXPRESS EXPRES LOAN CUSTOMERS CUSTOMER OBTAINAND RETAINHOME EQUITY ON THE HOMEOWNERS HOMEOWNER OBLIGATED EXPRESLOAN EXPRESS GO ELSEWHEREFOR EFFECTPAY TO HOME LOAN EQUITY CANCELLATION IE PENALTY EVEN IF HE CUSTOMER DID WAS LES LIKELY LESS TO HIS MIND CHANGE 11 PROTECTIONCLE HIS MIND CHANGE HE WOULD IN TO THE ASSOCIATES ASSOCIATE FOR HE WOULD BE OBLIGATED LOAN PERSONAL CONSUMER ONCE THE 163 HIGHINTEREST 23 AN IF CUSTOMER LOANTHE SHOWED INTERESTIN AND THEN DETERMINED LOAN AMOUNT APPLICATION ABOVE WHAT THE CUSTOMER DOLLARS DOLLAR ASSOCIATE ASSOCIATES TOOK EMPLOYEE TYPICALLY OFTENADDING HUNDRED OR HUNDREDS OR NEEDED UPSELLING REQUESTED THE EVEN THEN EMPLOYEE THE ASSOCIATES ASSOCIATE TO THECUSTOMER QUOTING LOANPROPOSAL MONTHLY PAYMENTAMOUNT PRESENTED TO QUOTE TRAINEDITS EMPLOYEES EMPLOYEE MONTHLY PAYMENTBASEDON OF DSH INTERESTRATE AND THE MAXIMUM TERM THE LONGEST THE CUSTOMERS CUSTOMER COMFORTWITH AFTER OBTAINING 24 MONTHLY PAYMENT CERTAINCOMPLIMENTARY SERVICE OFFERED SERVICES SUCH AS OFFICEREXPLAINED MACHINE USE AMOUNT THE LOAN OF THE CRANCHS CRANCH COPY OR FAX ABOUT THESE FREESERVICES SERVICETHE LOANOFFICERRETURNEDTO THE PAYMENT THEN AFTERTALKING AND ADVISED THE CUSTOMER THATTHE QUOTED OR PAYMENTALSO INCLUDED TOTAL PAYMENTPROTECTION WHICH WAS PAYMENTPROTECTION OF OPTIONAL CREDITINSURANCEPRODUCTS PRODUCTSUCH AS PACKAGE AND PERSONAL OR INVOLUNTARY UNEMPLOYMENT PROPERTY LIFEACCIDENTAND HEALTH ASSOCIATE HAD DAMAGEINSURANCEFORWHICH THE ASSOCIATES AT LEASTMID1998 DETERMINED THE CUSTOMER THE ASSOCIATES ASSOCIATE TRAINEDITS EMPLOYEES EMPLOYEETO QUOTE LIMITED CREDIT PHYSICAL UNTIL MIGHTBE ELIGIBLE MONTHLY PAYMENTTHATINCLUDED THI PRACTICE THE ASSOCIATES ASSOCIATE PROVIDED ITS EMPLOYEES THE COST OF CREDITINSURANCE TO FACILITATETHIS EMPLOYEE WITH PAYMENTCHARTS CHART TO INCLUDED AUTOMATICALLY USE IN QUOTING MONTHLY PAYMENT WITH THE COST PAYMENTS THI PROCEDURE THE ASSOCIATES ASSOCIATE UNDER THIS CUSTOMER THATTHE QUOTED CUSTOMERS MONTHLY PAYMENTINCLUDED TOTAL THE CUSTOMER WERE EMPLOYEES EMPLOYEE AND FINANCING CREDITINSURANCE IN ABOUT THE ADDED COST OF PURCHASING OFCREDITINSURANCEWITHOUT EVEN CUSTOMER CUSTOMERS PROTECTIONCLE TO TELL NUMEROU NUMEROUS THATINCLUDED THE TOTAL PAYMENTPROTECTION OR PAYMENT MENTIONING 12 CONSUMER INSTRUCTEDTO TELL BUT NOT PAYMENTPROTECTION ASSOCIATES EMPLOYEE INSTANCESTHE ASSOCIATE INSTANCE EMPLOYEES QUOTED MONTHLY PAYMENT TO PAYMENTS COST OF CREDITINSURANCE 164 THE EXISTENCEOR OR OTHERWISE DISCLOSING PROTECTION COST OF THE CREDITINSURANCE THE ASSOCIATES ASSOCIATE AND ANNUALPERCENTAGE RATE DID NOT INCLUDETHE COST OF CREDITINSURANCEIN THE FINANCE CHARGE ON ITS THESEPRODUCTS LOAN BECAUSE IT CONSIDERED LOANS PRODUCT OPTIONAL 25 TOTAL PAYMENTPROTECTION THE SELLING IN THE BENEFITS BENEFIT ONLY OF THE CREDITINSURANCEAND NOT TO ASSOCIATE TRAINEDITS EMPLOYEES ASSOCIATES EMPLOYEETO STATE MENTION THE COSTS COST OR LIMITATION ON COVERAGE LIMITATIONS TO REPRESENT TO CUSTOMERS FOR EXAMPLETHE ASSOCIATES ASSOCIATE TRAINEDITS EMPLOYEES CUSTOMER THATCREDIT LIFE EMPLOYEE CUSTOMER DEATH THIS THI INSURANCEWILL PAY OFFTHE BALANCEOF THE LOANIN THE EVENT OF THE CUSTOMERS UNTRUE IN THE CASE PARTICULARLY CUSTOMER WAS CUSTOMERS TRUNCATEDIE INSURANCETERM WAS ONLYFOR120 ISSUED FOR MONTH AS MONTHS SHORTER COVERAGETERM THAN THE LOAN TERM TO OPPOSED IN ADDITIONTHE CUSTOMER ANDOR CONSUMER CONSUMERS RAPIDRATE MORE THANTHE LOANBALANCE PAY OF THE LOANWITHOUT ASSOCIATE TRAINEDITS EMPLOYEES AND COSTS COST OF THE LOAN THE ASSOCIATES EMPLOYEETO SELL THE TO MONTHLY PAYMENT AS OPPOSED TERM THE LOANS LOAN ANNUAL PERCENTAGE RATE ASSOCIATE ASSOCIATES COST AND LOAN POINT AND COSTS POINTS IF THE LOANWOULD RESULTIN EMPLOYEE EMPLOYEES EMPHASIZED THATTHEREWOULD BE NO FEE FEES OUTOFPOCKET AND NO UP FRONTOUTOFPOCKET COST COSTS DID EMPLOYEES EMPLOYEE NOT DISCLOSETO CONSUMERS CONSUMER ASSOCIATE TYPICALLY ASSOCIATES LOAN EG LOANS HIGHPOINTS POINT ON MORTGAGE CHARGED POINTS AS POINT 13 PROTECTIONCLE 165 THATTHE WELL AS COST WERE FINANCEDAS PARTOFTHE LOANAND COSTS COSTSAND THATTHE POINTS COST POINTAND CLOSING UH CASH TO THE TO OFF OTHERDEBTS DEBT THE ASSOCIATES ASSOCIATE ALSOTRAINEDITS EMPLOYEES TO REPRESENT EMPLOYEE ASSOCIATE WITH ITS LOANS LOAN HOWEVER THE ASSOCIATES CONSUMER THE THE TYPICAL LOAN TERM OF 180240 MORTGAGE THE ASSOCIATES ASSOCIATE ALSOTRAINEDITS EMPLOYEES TO SELLTHE BENEFITS BENEFIT EMPLOYEE THE FULLTERMS TERM EXPLAINING OFTEN OF MORTGAGE LOANSBECAUSETHE CREDITLIFEINSURANCEISSUED TO LOAN MONTH AND THE CREDITLIFEINSURANCEOFTENDECREASEDAT MONTHS 26 WAS WERE CLOSING NON REFUNDABLEEMPLOYEES ALSODID EMPLOYEE ASSOCIATESMORTGAGE ASSOCIATE LOAN DID LOANS NOT DISCLOSETHATTHE THECOSTS COST OFPROPERTY TAXE ANDHOMEOWNERS TAXES HOMEOWNER INSURANCE AND THATTHECONSUMER WAS NOT INCLUDE TO REQUIRED COST HIMSELF PAY THOSECOSTS 27 THE ASSOCIATES ASSOCIATE RUSHEDCONSUMERS CONSUMER EMPLOYEES EMPLOYEE LOAN CLOSINGS THROUGH CLOSINGPRESENTING MULTITUDE OF LENGTHY TECHNICALDOCUMENTS DOCUMENT AND SIMPLYTELLING CUSTOMER CUSTOMERS COMPLEXHIGHLY SIGN HERE SIGNHERE SIGNHERE SIGNEG DID NOT DISCLOSETO CUSTOMERS CUSTOMER INSURANCEPRODUCTS PRODUCT IN REMOVEDTHE AT AT LEASTMID1998 THE COMPARATIVE COST CLOSING INSTANCEWHERE INSTANCES NUMEROU NUMEROUS ASSOCIATE ASSOCIATES UNTIL CUSTOMER EMPLOYEETOLDTHE CUSTOMER EMPLOYEES OF THE ASSOCIATES ASSOCIATE WHERE TO EMPLOYEE EMPLOYEES LOANWITH AND WITHOUT OPTIONAL THATSUCH PRODUCTS BE REQUESTED PRODUCT THATCHANGING THE AMOUNT OF THE LOANTO ELIMINATE THESEPRODUCTS WOULD REQUIRE THE CLOSING THI POSED GREAT THIS PRODUCT RESCHEDULING KNOWING FORTHE CUSTOMER HARDSHIP CONTINUED TO CUSTOMER STATEDNUMBER OF DAYS DAY EG THATFEW CUSTOMERS CUSTOMER EXPERIENCE 30 DAYS WITHOUT COST DAY ASSOCIATE ASSOCIATES EMPLOYEETOLDTHE EMPLOYEES THE ASSOCIATES ASSOCIATE KNEW FROM WOULD TRYTO CANCELTHE INSURANCE FOR THOSE THATDID CANCELWITHIN THE STATEDPERIOD OF TIME THE ASSOCIATES ASSOCIATE AMOUNT THE OBJECT THATIF HE CLOSEDTHE LOAN WITH THE INSURANCEINCLUDED HE COULDCANCELTHE INSURANCE CUSTOMER WITHIN IF WAS POLICY TO OF THE INSURANCEPREMIUM THE ASSOCIATES ASSOCIATE DID CREDITTHE CUSTOMERS CUSTOMER NOT ACCOUNT ONLYFORTHE REBATEANY INTERESTTHATALREADY HAD ACCRUEDON THE PREMIUM OR THE FINANCEDPOINTS ON THE PREMIUM BORROWER TO BORROWERS POINTCHARGED CAUSING INCURTHECOSTS COST OFTHENONREBATED THEPOINTS INTEREST PREMIUM POINTON THEPREMIUMAND THEINTEREST THATACCRUEDOVER TIME ON THOSE POINTS POINT 14 CONSUMER UI PROTECTIONCLE 2001009 166 AND THE ASSOCIATES ASSOCIATE PROMOTED 28 CUSTOMER ACCOUNTS ACCOUNT RESOLVEDELINQUENCIES IN CUSTOMERS DELINQUENCIE TO ACTION BY ITS EMPLOYEES ENCOURAGED AGGRESSIVE EMPLOYEE TO USE THE ASSOCIATES ASSOCIATE TRAINEDITS EMPLOYEES EMPLOYEE CUSTOMER CUSTOMERS CORRECTIVEARRANGEMENTS INCLUDING SOLICITING ELIGIBLE PERMANENT ARRANGEMENT LOANTHROUGHNEW DELINQUENT NEW LOANAT RATE RATES PREVAILING AND FEES FEE IF CUSTOMER TO REFINANCETHEIR DID NOT FOR HFE NONETHELES THE ASSOCIATES ASSOCIATE WOULD NONETHELESS THE ASSOCIATES ASSOCIATE STANDARDUNDERWRITING LOANUSING CRITERIA CUSTOMER LOANBALANCEWITH OFFERTO REFINANCETHE CUSTOMERS CUSTOMER CUSTOMERS IN 29 ARREAR ARREARS WORKOUT LOAN OFTENPILING ON COSTS COST WHICH TO PAY COULD ILLAFFORD THE ASSOCIATES ASSOCIATE OFTENENGAGED IN OTHERABUSIVE COLLECTIONTACTICS TACTIC TO EMPLOYEES EMPLOYEE CALL TO CALLS AND CONTINUOUS CONTINUOU TELEPHONE OBTAIN CUSTOMERS CUSTOMER PASTDUE PAYMENTS PAYMENT INCLUDING REPEATED CUSTOMER CUSTOMERS AT CONSUMER DEBTS CONSUMERS DEBT TO THIRDPARTIES THEIRHOME ANDOR WORK PLACEAND REVEALING PARTIE WITHOUT CONSUMERS CONSUMER CONSENT 30 THE COMMERCE AFFECTING ACT ACTS AS IN THIS THI COMPLAINT HAVE BEEN IN AND PRACTICES OF DEFENDANTS DEFENDANT ALLEGED PRACTICE COMMERCE COUNT IS DEFINED IN SECTION OF THE FTC ACT 15 USC PLAINTIFF PARAGRAPH PARAGRAPHS INCORPORATE INCORPORATES BYREFERENCEALLTHE FOREGOING 32 BUT NOT IN CREDITADVERTISEMENTS ADVERTISEMENT INCLUDING LIMITED TO NECESSARILY EXHIBIT EXHIBITS AND THE ASSOCIATES ASSOCIATE REPRESENTED AND EXTENDING AND CONDUCTOF OFFERING CREDIT 15 CONSUMER 44 MISREPRESENTATION 31 AND IN THE COURSE OR PROTECTIONCLE 167 OR BYIMPLICATION THAT EXPRESSLY CONSUMER WOULD CONSUMERS HOME THE SAVE MONEY WHEN DEBT INTO DEBTS CONSOLIDATING EXISTING LOANWITH THE ASSOCIATES ASSOCIATE EQUITY AND ILLUSTRATIONS ILLUSTRATIONSHOWN IN EXAMPLES EXAMPLE THE ASSOCIATES ASSOCIATE ADVERTISEMENTS ADVERTISEMENT AND SOLICITATIONS SOLICITATION ACCURATELY ILLUSTRATED THE POTENTIAL BENEFIT OF SAVINGAND BENEFITS SAVINGS CREDITCARDBALANCES BALANCE AND OTHERLOANS LOAN INTO CONSOLIDATING EXISTING LOAN WITH THE ASSOCIATES ASSOCIATE 33 IN TRUTHAND IN FACT IN CONSUMERS CONSUMER MANY DEBT INTO DEBTS EXISTING THE AND EXAMPLES EXAMPLE WOULD NOT INSTANCES INSTANCE HOME SAVE MONEY WHEN CONSOLIDATING LOANWITH THE ASSOCIATES ASSOCIATE EQUITY ILLUSTRATIONSHOWN IN THE ASSOCIATES ILLUSTRATIONS ASSOCIATE ADVERTISEMENTS ADVERTISEMENT AND SOLICITATIONS SOLICITATION DID NOT ILLUSTRATE THE POTENTIAL ACCURATELY SAVINGAND SAVINGS BENEFIT OF CONSOLIDATING BENEFITS DEBT INTO DEBTS EXISTING HOME LOANWITH EQUITY THE ASSOCIATE ASSOCIATES THE THEREFORE 34 COMMERCE ASSOCIATE ASSOCIATES IN PARAGRAPH AS ALLEGED 32 REPRESENTATION REPRESENTATIONS THE ASSOCIATES ASSOCIATE IN VIOLATIONOF SECTION 5A OF THE FEDERALTRADE COMMISSION ACT 15 USC LOAN PLAINTIFF ALLTHEFOREGOING BYREFERENCE INCORPORATE INCORPORATES PARAGRAPH PARAGRAPHS 16 CONSUMER FALSEOR MISLEADING CONSTITUTEDECEPTIVE ACT OR PRACTICE ACTS IN OR AFFECTING PRACTICES PRACTICE PRACTICES MISREDRESENTATION 35 WERE PROTECTIONCLE 168 45A ADVERTISEMENT ADVERTISEMENTS BUT NOT IN CREDIT INCLUDING 36 LIMITEDTO NECESSARILY EXHIBIT EXHIBITS AND AND EXTENDING THE ASSOCIATES ASSOCIATE REPRESENTED AND IN THE COURSE AND CONDUCTOFOFFERING CREDIT OR BYIMPLICATION THATCONSUMERS CONSUMER EXPRESSLY WITH HOME EQUITY LOANFORTHE SAME OTHERDEBTS DEBT TOTALING 24000 37 IN TRUTHAND IN DEBT WITH DEBTS ALSO HOME FACTIN MANY LOAN FORTHE SAME EQUITY CONSUMER INSTANCECONSUMERS INSTANCES IN PARAGRAPH 36 ALLEGED WAS THE ASSOCIATES ASSOCIATE FALSEOR ILL THE THEREFORE ASSOCIATE ASSOCIATES OR MISREPRESENTATION COST REPRESENTATION 45A CREDIT PLAINTIFFINCORPORATES INCORPORATE BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS 40 IN THE COURSE AND CONDUCTOF OFFERING AND EXTENDING ASSOCIATE CREDITTHE ASSOCIATES COULDOBTAIN TOTAL PAYMENTPROTECTION THEIR LOANWITHOUT ANY ADDITIONALCOST 17 CONSUMER INSTANCE INSTANCES IN OR AFFECTING PRACTICES PRACTICE 39 ON INSURANCE SOME OF THE FEDERALTRADE COMMISSION ACT 15 USC THATCONSUMERS CONSUMER OR BYIMPLICATION EXPRESSLY REPRESENTED UE IN LOAN EQUITY MISLEADING CONSTITUTE ACT ACTS DECEPTIVE PRACTICES PRACTICE IN VIOLATIONOF SECTION 5A MERC 24000 EG COULDNOT PAY OFFTHEIRCURRENT THE PAYMENTOFSUBSTANTIAL LOANFEES FEE AND CLOSING COST AND COSTS REQUIRED 38 OR AMOUNT ASSOCIATE HOME AMOUNT BECAUSETHE ASSOCIATES CREDITINSURANCE INCLUDED THE COST OF SINGLEPREMIUM AS CREDITCARDAND COULDPAY OFFTHEIRCURRENT DEBTS DEBT EG PROTECTIONCLE 169 IN TRUTH ANDIN 41 CONSUMER CONSUMERS OR COULDNOT OBTAINTOTALPAYMENTPROTECTION REFERTO REFERS COST TOTAL PAYMENTPROTECTION INSURANCEON THEIRLOAN WITHOUTANY ADDITIONAL ASSOCIATEIN CONJUNCTION WITH THE LOANANDWHICH CREDITINSURANCETHATIS SOLDBYTHE ASSOCIATES PREMIUM CONSUMER LOANCOSTS COST THE ASSOCIATES ASSOCIATE THOUSANDOFDOLLARS DOLLARTO CONSUMERS THEREFORE ADD HUNDREDS ADDS HUNDRED OR THOUSANDS AS ALLEGED IN PARAGRAPH 40 WAS REPRESENTATION 42 THE ASSOCIATES ASSOCIATE MISLEADING ACT ACTS CONSTITUTEDECEPTIVE PRACTICES PRACTICE IN VIOLATIONOF SECTION COMMERCE FALSEOR 5A OR IN OR AFFECTING PRACTICES PRACTICE OF THE FEDERALTRADE COMMISSION ACT 15 USC MISREPRESENTATION INSURANCE 43 PLAINTIFFINCORPORATES BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS INCORPORATE 44 IN THE COURSE AND AND CONDUCTOF OFFERING CREDITTHE EXTENDING ASSOCIATE ASSOCIATES THATCREDITLIFEINSURANCEPROVIDED OR BYIMPLICATION BY THE EXPRESSLY REPRESENTED WITH THE LOANWOULD PAY CONJUNCTION ASSOCIATES IN ASSOCIATE OFFTHE ENTIREBALANCEOF THE CONSUMERS CONSUMER LOAN IN THE EVENT OF CONSUMER THE CONSUMERS CONSUMER DEATH AND THATCREDITACCIDENTAND HEALTHINSURANCEWOULD MAKE THE CONSUMERS LOANPAYMENTS CONSUMER PAYMENT IN THE EVENT OF THE CONSUMERS 45 ASSOCIATE IN ASSOCIATES IN TRUTHAND IN FACTIN DISABILITY CREDITLIFEINSURANCEPROVIDED INSTANCES BY THE MANY INSTANCE WITH THE LOAN WOULD NOT CONJUNCTION AND CONSUMER ENTIRELOAN BALANCE PAY OFFTHE CONSUMERS CONSUMER LOAN PAYMENTS CREDITACCIDENTAND HEALTHINSURANCEWOULD NOT MAKE THE CONSUMERS PAYMENT BECAUSETHE WAS ISSUED FOR INSURANCE TERM THANTHE LOANTERM SHORTER OR BECAUSETHE INSURANCEDECREASEDAT 18 CONSUMER PROTECTIONCLE 170 AS ALLEGED IN THE ASSOCIATES ASSOCIATE REPRESENTATION THANTHELOANTERM THEREFORE RAPIDLY RATE MORE OR MISLEADING 44 WAS FALSE PARAGRAPH ACT OR ACTS CONSTITUTE THE ASSOCIATES ASSOCIATE PRACTICES DECEPTIVE PRACTICE 46 IN VIOLATIONOF SECTION COMMERCE 5A IN OR AFFECTING PRACTICE PRACTICES OF THE FEDERALTRADE COMMISSION ACT 15 USC FAILURE TO DISCLOSE COST AND TERMS TERM CREDIT 47 PLAINTIFFINCORPORATES PARAGRAPH PARAGRAPHS INCORPORATE BYREFERENCEALLTHE FOREGOING 48 IN THE COURSE AND EXTENDING THE ASSOCIATES ASSOCIATE AND CONDUCTOF OFFERING CREDIT THATCONSUMERS CONSUMER OR BY IMPLICATION EXPRESSLY REPRESENTED MENT COULDOBTAIN IN NUMEROU NUMEROUS ASSOCIATE FAILEDTO DISCLOSE OR FAILEDTO DISCLOSE INSTANCE THE ASSOCIATES INSTANCES SUCH AS TERM TO THE CREDITOFFER ADDITIONALTERMS PERTAINING ADEQUATELY INCLUDEDCREDITINSURANCEWHICH WAS AN THATTHE MONTHLY PAYMENT ADDITIONALCOST ADDED TO THE LOAN ENTIREPREMIUM FORTHE CREDITINSURANCEWAS FINANCEDUP FRONTAND THE CONSUMER POINTAND INTERESTON POINTS AND NOT MONTHLY QUOTED LOAN FOR AMOUNT 49 AMOUNT 45A THE LOANAS RESULT TO OBTAIN THE LOANAND REQUIRED FULLLOANTERM CONSUMER CONSUMERS IN OR PAIDADDITIONAL OFCREDITINSURANCEWAS THATTHEPURCHASE OPTIONAL THE EXTENT TO WHICH THE INSURANCEWOULD NOT COVER THE LOANBALANCE THIS THI ADDITIONALINFORMATIONWOULD HAVE BEEN MATERIALTO WHETHERTO DECIDING OBTAIN WITH CREDITINSURANCE THE FAILURETO LOAN WITH THE ASSOCIATES ASSOCIATE AND WHETHERTO OBTAIN PROTECTIONCLE LOAN IN THI INFORMATION THIS FAILURETO DISCLOSEADEQUATELY OR DISCLOSE 19 CONSUMER THATTHE 171 OF THE REPRESENTATION MADE WAS LIGHT 50 THE ASSOCIATES ASSOCIATE IN OR AFFECTING CONSTITUTEDECEPTIVE ACT OR PRACTICES ACTS PRACTICE PRACTICES PRACTICE IN VIOLATIONOF SECTION5A COMMERCE DECEPTIVE PRACTICE OFTHE FEDERAL TRADE COMMISSION ACT 15 USC MISREPRESENTATION CREDIT INSURANCE VI 51 PLAINTIFFINCORPORATES INCORPORATE BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS 52 AND EXTENDING ASSOCIATE IN THE COURSE AND CONDUCTOF OFFERING CREDITTHE ASSOCIATES COULD CANCELCREDITINSURANCEWITHIN THATCONSUMERS CONSUMER OR BYIMPLICATION REPRESENTED EXPRESSLY NUMBER OF DAYS STATED DAY EG 53 30 IN TRUTHAND IN WITHOUT COS DAYSOF THE LOANCLOSING DAY FACTWHEN CONSUMER CONSUMERS CANCELEDCREDITINSURANCEWITHIN THE STATED ASSOCIATE CREDITEDTHEIRACCOUNTS ACCOUNT NUMBER OF DAYS DAY THE ASSOCIATES AND FAILEDTO REFUNDANY OF THE FINANCEDPOINTS POINT ON PORTION ATTRIBUTABLE TO THE INSURANCE 52 WAS PARAGRAPH 54 COMMERCE ONLYFORTHE INSURANCEPREMIUMAMOUNT FALSEOR THE THEREFORE ASSOCIATE ASSOCIATES THE PREMIUMOR THE EXCESS EXCES IN AS ALLEGED REPRESENTATION MISLEADING THE ASSOCIATES ASSOCIATE IN OR AFFECTING CONSTITUTEDECEPTIVE ACT OR PRACTICE ACTS PRACTICE PRACTICES PRACTICES IN VIOLATIONOF SECTION 5A OF THE FEDERALTRADE COMMISSION ACT 15 USC 20 CONSUMER INTEREST PROTECTIONCLE 172 45A UNFAIR COLLECTION 55 ALLTHE FOREGOING PLAINTIFF BYREFERENCE PARAGRAPH PARAGRAPHS INCORPORATE INCORPORATES 56 WITHTHECOLLECTION OF CONSUMERS CONSUMER PAYMENTS IN CONNECTION LOAN THE PAYMENT ON ITS LOANS BUT NOT ASSOCIATE EMPLOYED ASSOCIATES ABUSIVE AND UNFAIRCOLLECTION TACTICINCLUDING TACTICS CONSUMER CONSUMERS DISCLOSING CONSUMER CONSUMERS CALLING CONSUMER AT WITHOUTTHE CONSUMERS CONSUMER CONSENT DEBTS TO THIRDPARTIES DEBT PARTIE THEIRPLACE OF EMPLOYMENT AFTERBEINGADVISED BY THE THATSUCH CALLS CALL WERE INCONVENIENT OR NOT PERMITTED AND CONTINUOUS CONTINUOU TELEPHONE CALL TO CONSUMERS CALLS CONSUMER MAKING REPEATED ABUSEOR CONSUMER CONSUMERS THATWAS NOT WITH INTENTTO ANNOY HARASSANY PERSONAT THE CALLEDNUMBER HARAS THE ASSOCIATES ASSOCIATE ACTIONS ACTION CAUSED OR 57 LIMITED TO NECESSARILY OFFSETBY ANY WERE TO LIKELY CAUSE BENEFIT AND WAS BENEFITS COUNTERVAILING SUBSTANTIALINJURY TO NOT AVOIDABLE BY REASONABLY CONSUMER THESE CONSUMERS 58 COMMERCE THE ASSOCIATES ASSOCIATE IN CONSTITUTEUNFAIRACTS ACT PRACTICES PRACTICE VIOLATIONOF SECTION 5A OR IN OR AFFECTING PRACTICES PRACTICE OF THE FEDERALTRADE COMMISSION ACT 15 USC TRUTH IN LENDIN2 ACT 21 CONSUMER IQ PROTECTIONCLE 173 45A 59 PLAINTIFF BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS INCORPORATE INCORPORATES 60 AND EXTENDING THE ASSOCIATES ASSOCIATE IN MANY IN THE COURSE AND CONDUCTOF OFFERING CREDIT INSTANCE VIOLATEDTHE REQUIREMENTS INSTANCES OF THE TILA REQUIREMENT AND HOMEOWNER IN CONNECTIONWITH THE HOMEOWNERS PRACTICE PRACTICES THE TILA TO 22617 AND EXPRESLOAN EXPRESS AND SECTION 22617 DISBURSING MONEY VIOLATION OF SECTION 128 OF OF REGULATION12 CFR BEFORETHE RESCISSIONPERIOD IN HAS EXPIRED OF REGULATION12 CFR VIOLATIONOF SECTION 22623C BUT NOT NECESSARILY LIMITED ADVERTISEMENTS ADVERTISEMENT INCLUDING IN SPLITTING AND SIMILAR LOAN DISCLOSURE IN DISCLOSURES PROVIDE REQUIRED 1638 15 USC IN THE FOLLOWING RESPECT RESPECTS REGULATION 22623C TO EXHIBIT EXHIBITS AND STATING TO REPAY TO DISCLOSECLEARLY LOANBUT FAILING MONTHLY PAYMENTAMOUNT REQUIRED AND CONSPICUOUSLY ONE OR MORE FEE FOROPENING FEES THE ACCOUNT ITEM ITEMS OF THE FOLLOWING II THE PERIODIC RATE USED RATES AS ANNUAL RATE AND III RATES CHARGE EXPRESSED PERCENTAGE INCLUDED AND BALLOONPAYMENT IN VIOLATION OF 147 22616D TO FAILING OF REGULATION 12 CFR TO THE FACTTHATTHE PLAN OF THE TILA 15 USC AND 22616D PURSUANTTO OF REGULATION 22625 108C 15 USC OF THE TILA 1607C EVERY VIOLATION OFTHE 22 CONSUMER COMPUTETHE FINANCE RETAINRECORDS RECORD OF COMPLIANCE IN VIOLATIONOF SECTION 22625 12 CFR 61 ANY LOAN FEE AND OTHER PROTECTIONCLE 174 TILA OFTHEFTC ACT ANDREGULATION CONSTITUTESVIOLATION CONSTITUTE 62 IN VIOLATIONS VIOLATION OF THE TILA BY ENGAGING SET REGULATION AND FORTHIN 60 PARAGRAPH OF 5A IN UNFAIR OR DECEPTIVE ACT OR PRACTICE ACTS IN VIOLATION ASSOCIATE ALSOENGAGED PRACTICES ABOVETHE ASSOCIATES OF THE FTC ACT 15 USC 45A ECOA ECOAS RE2ULATION 63 PLAINTIFFINCORPORATES BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS INCORPORATE 64 IN THE COURSE IN MANY ANDCONDUCTOF OFFERING ANDEXTENDING THE ASSOCIATE ASSOCIATES CREDIT THE RECORD RELATING TO CONSUMERS CONSUMER LOAN APPLICATIONS INSTANCESFAILEDTO RETAINWRITTENRECORDS INSTANCE INCLUDING APPLICATION FORCONSUMER APPLICATION CREDITAND OTHERWRITTENAND RECORDEDINFORMATIONUSED IN EVALUATING THE RECORDKEEPING OF SECTION 20212BL SUCH APPLICATION REQUIREMENT REQUIREMENTS THEREBY VIOLATING REGULATION 12 CFR REGULATION12 20212B1 CFR OF 202 IS ISSUED BYTHE BOARD FORTHE ECOA AND IS THE IMPLEMENTING OF GOVERNORS GOVERNOR OF THE FEDERALRESERVE SYSTEM REGULATION 65 PURSUANTTO 704C OF THE ECOA 15 USC EVERY VIOLATION OF THE 169 OF THE FTC ACT CONSTITUTE VIOLATION CONSTITUTES ECOA ANDREGULATION 66 SECTION 13B OF THE FTC ACT 15 USC 53B AUTHORIZESTHE COURT TO ISSUE AUTHORIZE OF THE VIOLATION OF THE RECORDKEEPING THE ASSOCIATES ASSOCIATE VIOLATIONS REQUIREMENT REQUIREMENTS INJUNCTION AGAINST PERMANENT ECOA AND REGULATION AS WELL AS RELIEF ANCILLARY EQUITABLE 23 CONSUMER PROTECTIONCLE 175 FAIR CREDIT NOR 67 ALLTHEFOREGOING PLAINTIFF BYREFERENCE PARAGRAPH PARAGRAPHS INCORPORATE INCORPORATES 68 IN THE COURSE AND CONDUCTOFITS BUSINESS BUSINES ON ASSOCIATE USED OR OBTAINED CONSUMER ASSOCIATES USING THATWAS REPORT CONSUMER NEW OR AFTER 30 1997 THE SEPTEMBER OR REPORTSFORIMPERMISSIBLE REPORT PURPOSE BY PURPOSES TRANSACTIONINVOLVINGCONSUMER OBTAINED IN CONNECTIONWITH ORIGINALLY TO SOLICITTHE CONSUMER SUBSEQUENTLY TO SOLICIT REPORT CONSUMER CONSUMER THE THE AFOREMENTIONED PRACTICE PRACTICES BY AND THROUGH OF THE FCRA FOR CREDITTRANSACTIONTHAT 168 15 USC ASSOCIATE VIOLATED SECTION ASSOCIATES BYUSINGOR OBTAININGCONSUMER FOR REPORT WAS NOT AUTHORIZEDTO BE FURNISHEDUNDER SECTION 604A PURPOSE FORWHICH THE REPORT FCRA 15 USC 168 OFTHE FCRA THE FTC 607A OF THE FCRA PURSUANTTO SECTION 621A1 ALSOCONSTITUTES CONSTITUTE AN UNFAIROR ACT 15 USC 71 PURPOSE FORWHICH THE REPORTWAS OR IN ACCORDANCEWITH SECTION 70 SECTION 15 USC OF THE FCRA NOT OF THE CERTIFIEDTO BE USED 168 LEA 15 USC 168 VIOLATION ACT OR PRACTICE IN VIOLATION OF SECTION 5A OF DECEPTIVE 45A 13B OF THE FTC ACT 15 USC 53B AUTHORIZESTHE COURT TO ISSUE AUTHORIZE 24 CONSUMER PURCHASE TO DID NOT INITIATE THE CONSUMER 69 CREDIT ADDITIONALLOANPRODUCTS PRODUCTAND NEW OBTAINING 604F ACT PROTECTIONCLE 176 THE ASSOCIATES ASSOCIATE VIOLATIONS VIOLATIONOFTHEFCRA PERMANENT INJUNCTION AGAINST AS WELLAS ANCILLARY RELIEF EQUITABLE 72 CONSUMER HAVE SUFFERED CONSUMERS AND WILL CONTINUETO OF THE ASSOCIATES ASSOCIATE VIOLATION VIOLATIONSOF OF THE FTC 5A RESULT SUBSTANTIALINJURY AS SUFFER ACT THE TILA THE ECOA AND THE FCRA AS SET FORTHABOVE THI COURTAS PLAINTIFF REQUESTTHATTHIS REQUESTS WHEREFORE FTC ACT 15 USC THE ECOA OWN 53B SECTION 15 USC 108C OF THE TILA AUTHORIZEDBY SECTION 15 USC SECTION 621 OF THE FCRA 1607C 15 USC OF THE 13B SECTION 704 OF AND PURSUANT TO ITS EQUITABLE POWER POWERS ENTERJUDGMENT DEFENDANTAND IN FAVOROF PLAINTIFF DEFENDANTS FOREACH VIOLATION CHARGED IN AGAINST THE COMPLAINT AND PERMANENTLY ENJOIN CONNECTIONWITH RESTRAINDEFENDANTS DEFENDANT FROM VIOLATING5A ACT IN AND EXTENDING CREDITAND ANY PROVISION OF THE TILA OFFERING REGULATION THE ECOA AND LIABLEFORREDRESS REDRES TO ALLBORROWERS BORROWER WHO SEVERALLY RESULTOF DEFENDANTS DEFENDANT VIOLATIONS VIOLATION OF THE ECOAS ECOA REGULATION AND AND THE FCRA REGULATION FIND THE DEFENDANTS DEFENDANT JOINTLY AND AS INJURED OF THE FTC 5A OF THE FTC ACT THE TILA WERE AND REGULATIONAND THE FCRA AWARD SUCH RELIEFAS THE COURT DEEMS DEEM NECESSARYTO PREVENT ENRICHMENTAND TO UNJUST 25 CONSUMER UI PROTECTIONCLE 177 REDRESBORROWERINJURY REDRESS FROMDEI RESULTING THE ECOAS ECOA AND REGULATION TILA VIOLATIONOF VIOLATIONS 5A OF THE FTC ACT TH BUT NOT REGULATIONAND THE FCRA INCLUDING MONIE LIMITED TO RESCISSIONOR REFORMATIONOF CONTRACTS CONTRACT THE REFUNDOF MONIES PAIDAND OF ILLGOTTEN DISGORGEMENT GAIN AND GAINS AWARD ITS COSTS COST PLAINTIFF OF BRINGING THI ACTIONAS WELLAS SUCH OTHERADDITIONAL EQUITABLE THIS AND PROPER RELIEF AS THE COURT MAY DETERMINE TO BE JUST DATED RESPECTFULLY SUBMITTED VALENTINE DEBRA GENERALCOUNSEL MORRI MORRIS LUCY STATE BAR WASHINGTON 202 3263295 DIRECT ALY ALYS LOCAL COUNSEL 3262185 202 VALERIE COHEN NEW YORK STATE BAR VERDUCE RICARDO DIRECT GONZALEZ STATE BAR 727066 GEORGIA 6561355 404 DIRECT STATEBAR MARYLAND SOUTHEASTREGION FORPLAINTIFF ATTORNEY ATTORNEYS FEDERAL TRADE COMMISSION FEDERALTRADE COMMISSION 60 SW STREET FORSYTH 202 3262040 600 PENNSYLVANIA AVENUE NW SUITE5M35 ROOM S4429 ATLANTA GEORGIA DC WASHINGTON 404 6561390 404 6561379 GENERAL FACSIMILE DIRECT 20580 202 3263224 GENERAL 202 3252558 QMILE 26 CONSUMER PROTECTIONCLE 178 EXHIBIT CONSUMER PROTECTIONCLE 009H 179 THI THIS CONSUMER QI UI PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 180 TAKE CONTROLOFCREDIT CARD DEBT UNDER CONTROL THESEDAYS KEEPING FINANCE FINANCES DAY CAN BE THE RTH TO DO BECAUSETHE LESS LES DEBT THING OBLIGATION OBLIGATIONS YOU HAVETHEBETTER WHYWRITE TEN HARDERTHAN FACT FACTS IN AT USE CHECK EVERYMONTH WHEN YOU CHECKS PAYRNENT OFF ACCOUNT PAYING ONE INTER THATOVER 400 IL THEEND OF CREDITCARDS CARD WERE THAT NUMBER HAS GROWN COULDBE OVER THE LASTYEAR THE NUMBERS NUMBER ARE WHEN REALIZE THAT AN SIGNIFICANT YOU AVERAGEOF EVEN THE SOLUTION AMERICANS AMERICAN MORE VALUABLEASSET IN FOURCREDITCARDS CARD PER HOUSEHOLD THEM TO ALLOWING THE FACTIS DEBT CAN BE DIFFICULTMANYFAMILIES FAMILIE ACCOUNT AS FASTAS THEY COME SPEND PAYCHECKS PAYCHECK ARE CAN HOME THIS HOMES THI IS DISCOVERY THEIRDEBTUNDER CONSOLIDATE LESSINTERESTOWE LESS LES MONEY EVERY PAY LES INTEREST AT TAX LINEOF CREDIT BUT TIMES TIME ARE DISCOVERING TODAY MONTH AND HAVETHEOPPORTUNITY TO DEDUCT THEIR IN AND USE CREDITCARDS CARD TO MAKE UP THE DIFFERENCE AND YOU THEIROWN ARE CHANGING PEOPLE IQN CONTROL TIME THE SOLUTION HOME EQUITY TYPE OF SECONDMORTGAGETHAT ALLOW INDIVIDUALS ALLOWS INDIVIDUAL TO CUSTOMIZE LOANS LOAN TO THEIR TO NEED AND TAKE ADVANTAGE NEEDS OFTAX TAKE 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STARTOR DEBT ARIDHAVE ONE LOWERMONTHLY CONSOLIDATE YOUR DEBTS BALANCEPAID IN BALANCES PAYMENT MARK THOSEQIN FULL AND START MORE ENJOYING BUSINES EXPAND YOUR OWN BUSINESS BOS GET THE CAPITAL BOSS YOU NEED TO RQT BUSINES OR BUSINESS BUSINES PRESENTBUSINESS OFYOURPAYCHECK BOAT OR RV BUY DO THE HOME IMPROVEMENT PROJECT PROJECTS YOUVE LIKE BOATOR MAJORPURCHASE NEED WILL BE AT YOURFINGERTIPS FINGERTIP BEEN WAITING TO DO PUT IN OFFICE REPLACE FORM AND EVEN LONGER FORMS LONG APPLICATION WAITING NS F OR STUDENT FINANCE STUDENT STUDENTS PERIOD PERIODS YOUR NEED CONVENIENTLY NEEDS WITH OF AN NEW CAR CAR IFTHLIKE TO HAD GOOD FRIEND THAT COULDCALL YOU MADE THE AND THE PAINLES PROCES PAINLESS PROCESS EXPERIENCETQIV ONE CA MARSHALLPASADENA ELDERLY PARENTINSTALLSPECIAL OR TRUCK LOANWHEN INTEREST WHY PAY THE HIGHER DU MAY NOT EVEN BE ABLE TO DEDUCTTHEINTERESTUSE IS CREDITLINE TO PURCHASE ON YOU ANY TIME OR ADDON ROOM LL EVEN HAVETHE EQUIPMENT CASHFORUNEXPECTED MEDICAL EXPENSES EXPENSE BUY KNOW HOW MUCH YOUR APPRECIATED AND HELPPATIENCE PARTICULARLY PERSISTENCE WANT SCHOOLEXPENSES OR PRIVATE PAYCOLLEGE EXPENSE WHYHASSLE CARE THE CASHYOU OR BATHROOM TAKE YOU POOL DECK OR PUT IN THEROOFADD REPAIR TQH HOME HAVE BEEN PROMISING YOURSELF EVERYMONTH OR UP YOUR OWN TO EXPAND YOUR EQUIPMENT IN NEW INVEST BE YOUR OWN ME THEEXTRA MILE FOR AGAIN FOR GOING LOADHAS WHAT HEAVY GETTING MY LOAN APPROVED BEEN SHOULDER FROM MY SHOULDERS DAVI DAVIS MESA YOUR NEXT VEHICLE SQ 0C3 BO SEE EDE EQ CES EC 250 EAT ML0206 JO ADD 020 CARP FREEWAY 1RVI TX 75062 8QE CONCIDENTIA EONSUMER PROTECTIONCLE 186 EXHIBIT CONSUMER IUUUI PROTECTIONCLE 2001009 187 THI THIS CONSUMER PQ PAGE IS PROTECTIONCLE LEFT BLANK INTENTIONALLY 188 6OO1OO 681 AE PI 4DAE CS EN LU OR CONSUMER 190 VALENTINE DEBRA COUNSEL GENERAL FEDERALTRADE COMMISSION KARTZMAN KREBS KREB BROF JULIE JEANNEMARIE RAYMOND FEDERALTRADE COMMISSION 600 PENNSYLVANIA AVENUE NW BONNIE JOHN ROOM 4429 DC 20580 WASHINGTON 3262891 202 PH 202 3262558 FAX ABBE KENNETH LOCAL COUNSEL CAL BARNO 172416 FEDERAL TRADE COMMISSION 10877 WILSHIRE BLVD STE 700 LOS 310 310 ANGELE CA ANGELES 90024 8244343 PH 8244380 FAX FOR FEDERAL ADE PLAINTIFF COMMISSION DISTRICT COURT STATES STATE DISTRICT OF CALIFORNIA UNITED CENTRAL SOUTHERN FEDERAL TRADE DIVISION COMMISSION PLAINTIFF FIRST CALIFORNIA CORPORATION FIRST ALLIANCE MORTGAGE COMPANY AND FIRST ALLIANCE DELAWARE ALLIANCE CORPORATION CORPORATION MINNESOTA CORPORATION MORTGAGE COMPANY DEFENDANT DEFENDANTS CIVIL COMPLAINT FOR NO PERMANENT SACV 00964 DOC INJUNCTIVE EEX AND OTHER EQUITABLE RELIEF THEFEDERALTRADECOMMISSION COMMISSION PLAINTIFF FOLLOW JURISDICTION FOLLOWS ALLEGEAS ALLEGES AND ATTORNEY ATTORNEYS BY ITSUNDERSIGNED VENUE ACTIONUNDERSECTIONS SECTION 5A AND 13B OF THE FEDERALTRADE COMMISSIONACT RELIEFAND INJUNCTIVE 45A AND 53B TO SECURE PERMANENT FTC ACT 15 USC AND REDRES REDRESS REFORMATION OTHEREQUITABLE RESCISSION DISGORGEMENT RELIEF INCLUDING ACT OR PRACTICES ACTS IN VIOLATIONOF IN UNFAIROR DECEPTIVE DEFENDANTFOR DEFENDANTS PRACTICE THI IS THIS AN AGAINST CONSUMER ENGAGING PROTECTIONCLE 191 ACT OR PRACTICES IN AMENDED15 USC 45A AND ACTS PRACTICE ACT ACTS 12 CFR VIOLATIONOFTHETRUTHIN LENDING IMPLEMENTING REGULATION AS AMENDED 226 SECTION 5A OFTHEFTC ACT AS THI MATTER PURSUANT TO 15 USC MATTERJURISDICTION OVER THIS THI COURTHAS SUBJECT THIS AND 1345 1331 1337A 45A 53B 1607C AND 28 USC VENUE IS PROPERIN THE UNITED STATE STATESDISTRICTCOURTFORTHECENTRALDISTRICTOF 1391B AND CALIFORNIAUNDER28 USC AND 15 USC 53B PARTIE PARTIES STATESGOVERNMENT PLAINTIFFTHE COMMISSION IS AN INDEPENDENT AGENCY OFTHEUNITED STATE AND THE FTC AS AMENDED15 ACT AUTHORITY RESPONSIBILITY BY GIVENSTATUTOLY CREATEDAND WITH ENFORCING SECTION5A OFTHEFTC THE COMMISSION IS CHARGED UNFAIROR DECEPTIVE ACT OR PRACTICES ACTS IN OR PRACTICE ACT 15 USC 45A WHICH PROHIBITS PROHIBIT AND SECTION OFTHE 15 USC THE TILA COMMERCE 108C 1607C AFFECTING COMMISSION IS AUTHORIZED BY SECTION13B OF THE FTC ACT 15 USC 53B TO INITIATE USC 4158 DISTRICT COURT PROCEEDINGS TO ENJOIN VIOLATIONSOFTHEFTC ACT AND TO SECURE SUCH VIOLATION FEDERAL PROCEEDING RELIEF AS BE IN EACH BUTNOT LIMITED TO REDRESS REDRES APPROPRIATE CASE INCLUDING EQUITABLE MAY AND DISGORGEMENT IS CALIFORNIACORPORATION WITH ITSPRINCIPAL FIRSTALLIANCEMORTGAGE PLACE COMPANY FAMCO OFBUSINESS BUSINES AT 17305 VON KARRNAN AVENUE IN HVINE CALIFORNIAFAMCO THI DISTRICT TRANSACT BUSINESS TRANSACTS BUSINES IN THIS IS PUBLICLY TRADEDDELAWARE CORPORATION WITH FACO CORPORATION OFBUSINESS BUSINES AT 17305 VON KARMAN AVENUE IN IRVINE CALIFORNIAFACO ITSPRINCIPAL PLACE INTEREST IN FAMCO FACO TRANSACTS TRANSACT BUSINESS BUSINES IN HAS ONE HUNDRED PERCENT OWNERSHIP FIRST ALLIANCE THI DISTRICT THIS OF MINNESOTA CORPORATION WHOLLYOWNED SUBSIDIARY FAMCOMN HAS THE SAME NAME FIRST ALLIANCE MORTGAGE COMPANY FAMCOMN AT 1900 XERXE XERXES AVENUE IN MINNESOTA ITSPRINCIPAL O FBUSINESS BUSINES BLOOMINGTON PLACE IN JULYOF 1997 FAMCO FAMCOMN TRANSACT TRANSACTS ON MARCH CREATED BUSINES BUSINESS 23 2000 FAMCO THI DIS THIS TACO AND FAMCOMN EACH FILED 11 BANKRUPTCY IN THEUNITED STATES STATE BANKRUPTCY FORCHAPTER COURTCT SA 1LRH AND SA CASE NOS SA CALIFORNIA 0012370LR VOLUNTA PETITION DISTRICTOF RESPECTIVELY DEFENDANT CORPORATIONS AS PART OF FOREGOING CORPORATION OPERATE TOGETHER FIRST HEREINAFTER ALLIANCE THE COMMON ENTERPRISE ADVERTISEMENTTO THEPUBLIC THATPROMOTE CONSUMER 10 FIRSTALLIANCEHASDISSEMINATEDADVERTISEMENTS IN AS THE TERM TERMS ADVERTISEMENT AND CONSUMER ARE DEFINED CREDITTRANSACTIONS TRANSACTION CREDIT SECTION2262 OF REGULATION12 CFR 2262 AS AMENDED AND EXTENDING CLOSEDEND CREDIT AS THOSE OFFERING TERM ARE DEFMED IN SECTION2262 TERMS OF REGULATION 12 CFR 2262 AS AMENDEDAND WITH IN THEREFORE IS REQUIRED TO COMPLY APPLICABLE PROVISION REGULATION PROVISIONS 11 FIRSTALLIANCEIS CONSUMER UH CREDITOR PROTECTIONCLE 192 FIRST ALLIANCE ALLIANCES BUSINES BUSINESS PRACTICE PRACTICES 12 FIRSTALLIANCE ADVERTISES EXTEND AND SELLS EXTENDS SELL HOME ADVERTISE OFFERS OFFER LOAN THESE LOANS LOANS LOAN ARE EQUITY SECUREDBY FIRST CONSUMER HOMES HOME PRIMARILY MORTGAGE ON CONSUMERS MORTGAGES FIRSTALLIANCESTYLES TO THE SUBPRIME LOANMARKET ITS STYLEITSELF NICHE LENDERCATERING INCLUDEHOMEOWNERS HOMEOWNER WITH OR INSUFFICIENT CUSTOMER CUSTOMERS CREDITHISTORIES HISTORIERECORDS RECORDOR POOR 13 WHO MIGHTEXPERIENCE CONVENTIONAL HOME EQUITY RATINGS RATING DIFFICULTY SECURING FINANCING 14 FIRSTALLIANCECHARGES CONSUMERS CONSUMER CHARGE SUBSTANTIAL FINANCECHARGES PREPAID CHARGESUCH AS LOAN LOAN FEE FEES AND OTHER FEE THESE CHARGES FEES FEE UNDERWRITING FEES FEE FEES ORIGINATION PROCESSING CHARGE TOTALBETWEEN TYPICALLY TEN AND OF THE AMOUNT FINANCED TWENTYFIVE PERCENT 15 FIRST ALLIANCE SOLICITS SOLICIT PROSPECTIVE CUSTOMER CUSTOMERS FORITS AND SERVICES SERVICE THROUGH PRODUCTS PRODUCT AND DIRECTMAIL ADVERTISING AS PART OFITS MARKETING FIRST TELEMARKETING CAMPAIGN ALLIANCE TARGETS VULNERABLE C CONSUMER ONSUMERS AND TARGET FINANCIALLY INCLUDING ELDERLY PERSON PERSONS INDIVIDUAL WHO HAVE SIGNIFICANT INDIVIDUALS IN THEIRHOMES HOME IN ITS SOLICITATIONS FIRSTALLIANCE EQUITY SOLICITATION STATE THATTHECONSUMER STATES HAS BEEN PREQUALIFIED TO RECEIVEUP TO SOME AMOUNT OF MONEY SUCHAS 82500 SEE EXHIBITS EXHIBIT SOLICITATIONTOUT THEBENEFITS BENEFIT OF THROUGHTHESE SOLICITATIONS NO UPFRONT OBTAININGFIRSTALLIANCE LOANSUCHAS NO APPLICATION FEE FEES APPRAISAL LOW RATE RATES AND LOW PAYMENT PAYMENTS SEE EXHIBITS EXHIBIT FEE FEES THROUGH OTHERSOLICITATIONS SOLICITATIONSTATE THATONE OFTHEBENEFITS BENEFIT OF FIRSTALLIANCELOANIS THATTHEREARE OUTOFPOCKET EXPENSE EXPENSES SEE EXHIBITS EXHIBIT AND CERTAINSOLICITATION OFFER OFFERS CONSUMER CONSUMERS BENEFIT RELATIVE BENEFITS THEIR CURRENT TO LOAN SUCH AS LOWER INTERESTRATES LOANS RATE LOWER NO BENEFIT SEE EXHIBIT BENEFITS MONTHLY PAYMENT AND TAX SAVING PAYMENTS SAVINGS THATCONSUMERS CONSUMER WILL SAVE HUNDRED HUNDREDS OF DOLLARS DOLLAR ONE SOLICITATION STATE STATES AND SAVE BY THEIRDEBTWITH FIRSTALLIANCE SEE EXHIBIT REFINANCING SALE PRESENTATION SALES 16 FIRST ALLIANCE ITS LOAN OFFICERS OFFICERTO ATTENDAN REQUIRES REQUIRE INTENSIVE COURSE TRAINING WHERE TO MEMORIZE AND DELIVERFIRSTALLIANCES ALLIANCE LENGTHY SALE PRESENTATION SALES THEYARE TAUGHT KNOWN AS THE TRACK THE TRACK PRESENTATION CONSIST OF THIRTEENSTEPS CONSISTS TAKE TAKES STEP AND USUALLY THANTWO HOURS HOUR TO PRESENT TO MORE 17 THE TRACK CONSUMER CONSUMERS CONTAIN FALSEOR MISLEADING CONTAINS STATEMENT STATEMENTS PRESENTATION THAT CAUSE CONSUMER CONSUMERS TO BE DECEIVEDABOUT THE MATERIALTERMS TERM OFTHELOANAND MISLEADS MISLEAD CONSUMERS CONSUMER ABOUT THE OF THEMATERIAL INFORMATION USEDIN THETILA DISCLOSURE A S MEANING REQUIRED BY SECTION 128 OFTHE TILA 22618 LILA 15 USC OF REGULATION12 CFR DISCLOSURE FOR EXAMPLE OFTHEMATERIALDISCLOSURES DISCLOSURE STATEMENT 1638 AND SECTION22618 THATIS DECEPTIVELY USEDBY FIRSTALLIANCEIS THEAMOUNT FINANCED FORTHELOAN FIRST ALLIANCE MISREPRESENTS THATTHEAMOUNT FINANCED ON THETILA DISCLOSURE MISREPRESENT APPEARING CONSUMER BORROW IN FACTTHE TOTALAMOUNT STATEMENTIS THE TOTALAMOUNT OF MONEY THATCONSUMERS THATCONSUMERS CONSUMER WHICH INTEREST AND UPON BORROW ACCRUE IS THEAMOUNT FINANCEDPLUS ACCRUES PLU THE SUBSTANTIAL FINANCECHARGES PREPAID CHARGE IMPOSED BY FIRSTALLIANCE 18 FIRSTALLIANCEALSOMISLEADS MISLEAD CONSUMERS CONSUMER ABOUTCOSTS COST AND FEES FEE SUCH AS THEEXISTENCE AND AMOUNT OFLOANORIGINATION FEE SUCH MISREPRESENTATIONS FEES OBSCURETHEEXISTENCEOF MISREPRESENTATION THESE COSTS COST AND FEES FEE AND MISREPRESENT THETRUE AMOUNT OFDEBTCONSUMERS CONSUMER WILL INCUR CONSUMER PROTECTIONCLE 193 19 IN FIRSTALLIANCELOANOFFICERS OFFICERARE TRAINED ADDITION TO AND DO MISLEADCONSUMERS CONSUMER BY OR IMPLYING THATTHETOTALCOST OFCREDITFORTHELOANIS THEINTEREST STATING RATE DISPLAYED ON THELOANNOTE AND MORTGAGE AND NOT THEANNUAL PERCENTAGE RATE APR ON DISPLAYED THETILA DISCLOSURE STATEMENT IN MEASURE MEASURES THETOTALCOST OF CREDIT AND FORTHIS THI REASON THEAPR AND NOT THEINTEREST RATE ON THE LOAN FACT IS AN INDICATORTO IMPORTANT THATTHELENDERIS INCLUDING SUBSTANTIAL PREPAID CHARGE CHARGES CONSUMER CONSUMERS RATE MORTGAGE LOAN LOANS ADJUSTABLE 20 THE ARM OF FIRST ALLIANCES ALLIANCE BORROWEROBTAIN AN ADJUSTABLE BORROWERS RATE MORTGAGE MAJORITY BASED ON SIXMONTH US DOLLAR LIBOR INDEXWHICH IS THE ACRONYM FORTHE OFFEREDRATE LONDON 21 THE TERMS TERM OF THE ARM LOAN INCLUDESHORTTERMFRONTENDTEASER INTEREST LOANS RATES THE RATE INTEREST RATE ONLY FOR THE FIRST SIX MONTH MONTHS OF THELOAN THETEASER PERIOD APPLIE APPLIES THE TEASER RATE IS THENPHASED OUT THROUGH SEVERAL RATE INCREASES UNTILTHERATE REACHES REACHE THE INCREASE FULLYINDEXED RATE THELIBOR INDEX RATE PLUS FIXEDNUMBER OF PLU PERCENTAGE THE TEASER POINT POINTS MARGIN FIRSTALLIANCE MISREPRESENTS HOW THEINTEREST RATE ON ITS ARM RATES MISREPRESENT LOAN ADJUST LOANS OVER TIME THATADJUSTMENTS IN THEINTEREST FALSELY RATE ARE BASED ON CHANGES RATES REPRESENTING ADJUSTMENT I N CHANGE THE LIBOR INDEX IN FACTTHEINTEREST RATE ON THESELOANS LOAN CAN AND DOES DOE INCREASEAS MUCH AS 22 PERCENTAGE POINTAT EVERY SIX MONTH ADJUSTMENT UNTILTHE ARTIFICIALDISCOUNT PERIOD BETWEENTHE TEASER INTEREST RATE AND THE L1BOR INDEX THEDIFFERENCE PLU THE MARGIN PLUS THI RESULTS THIS RESULTIN HIGHER INTEREST RATE AND HIGHER RATES DISAPPEAR DISAPPEARS MONTHLY PAYMENT FOR PAYMENTS ONE CONSUMER CONSUMERS 23 THE ACT ACTS AND OFFIRSTALLIANCE ALLEGED IN THIS THI COMPLAINT PRACTICE PRACTICES HAVE BEEN IN OR COMMERCE AFFECTING AS COMMERCE IS DEFINEDIN SECTION OF THE FTC ACT 15 USC 44 FEDERAL TRADE COUNT 24 COMMISSION ACT VIOLATION VIOLATIONS FAILURE TO SUBSTANTIATECOST SAVING SAVINGS PLAINTIFFINCORPORATES ALL THEFOREGOING INCORPORATE BYREFERENCE PARAGRAPH PARAGRAPHS IN THECOURSE AND CONDUCTOF OFFERING AND EXTENDING CREDITAND IN CREDIT BUT NOT ADVERTISEMENTS ADVERTISEMENT LIMITED TO EXHIBIT FIRSTALLIANCE HAS INCLUDING NECESSARILY OR BYIMPLICATION THATCONSUMERS REPRESENTED CONSUMER WILL SAVE MONEY WHEN EXPRESSLY DEBT FIRSTALLIANCEDID NOT POSSESS DEBTS CONSOLIDATING BASIS THAT BASI POSSES AND RELY UPON REASONABLE SUBSTANTIATETHE REPRESENTATION SUBSTANTIATES AT THE TIME IT WAS MADE 25 26 FIRSTALLIANCES ALLIANCE PRACTICES CONSTITUTE ACT OR PRACTICES ACTS IN OR AFFECTING PRACTICE DECEPTIVE PRACTICE COMMERCE IN VIOLATIONOFSECTION5A OFTHEFEDERALTRADECOMMISSION ACT 15 USC 45A COUNT II 27 OF THE TERMS TERM MISREPRESENTATION OF THE ARM LOAN LOANS PLAINTIFFINCORPORATES ALLTHE FOREGOING INCORPORATE BY REFERENCE PARAGRAPH PARAGRAPHS CONSUMER PROTECTIONCLE 2001009 194 AND EXTENDING 28 IN THECOURSE AND CONDUCTOF OFFERING CREDITFIRSTALLIANCEHAS OR BY IMPLICATION THATADJUSTMENTS IN THEINTEREST RATE ON ITSARM EXPRESSLY ADJUSTMENT REPRESENTED IN THELIBOR INDEX AND THAT OVER THECOURSE OFTHE LOAN ARE BASED ENTIRELY LOANS ON CHANGES CHANGE RATE CAN BE LOWERTHANTHEINITIAL TEASER RATE LOANTHEINTEREST IN THEINTEREST RATE ON FIRSTALLIANCES ALLIANCE ARM LOANS LOAN ARE 29 IN TRUTH AND IN FACTADJUSTMENTS ADJUSTMENT NOT BASED ENTIRELY ON CHANGES CHANGEIN THELIBOR INDEXAND OVER THECOURSE OFTHELOANTHE RATE INTEREST RATE CANNOT BE LOWERTHANTHEINITIAL TEASER RATE THE INITIAL TEASER INTEREST MONTH UNTIL THE INCREASE AS MUCH AS ONE PERCENTAGE INCREASES POINT EVERY SIX MONTHS AUTOMATICALLY DISCOUNTDISAPPEARS AND THELOWESTTHEINTEREST RATE CAN BE IS THE INITIAL TEASER ARTIFICIAL DISAPPEAR FIRST ALLIANCES ALLIANCE INTERESTRATE REGARDLESS OF ANY DECREASEIN THE LIBOR INDEX THEREFORE REGARDLES AND FALSE OR AS IN 28 WAS IS MISLEADING REPRESENTATION ALLEGEDPARAGRAPH ACT OR PRACTICES ACTS ALLIANCE PRACTICES CONSTITUTE IN OR AFFECTING FIRSTALLIANCES DECEPTIVE PRACTICE PRACTICE OF THE FEDERAL TRADE COMMISSION COMMERCE IN VIOLATIONOFSECTION5A ACT 15 USC 30 45A OF THE MONTHLY PAYMENT PAYMENTS MISREPRESENTATION COUNT 31 PLAINTIFF INCORPORATES INCORPORATE BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS CREDITFIRSTALLIANCE HAS EXTENDING THATTHEINITIALMONTHLY OR BY IMPLICATION EXPRESSLY PAYMENTON ITSARM REPRESENTED 32 IN THE COURSE AND AND CONDUCT OF OFFERING LOAN WILL NOT INCREASEUNLESS LOANS UNLES THELIBOR 33 IN TRUTH AND IN INDEX INCREASES INCREASE ALLIANCE ARM FACTTHE INITIAL MONTHLY PAYMENT ON FIRSTALLIANCES LOAN WILL LOANS INDEX DOES DOE NOT THE INITIAL MONTHLY PAYMENT WILL INCREASEAT INCREASEEVEN IF THE LIBOR OF UNTILTHEARTIFICIAL DISCOUNTDISAPPEARS REGARDLESS REGARDLES EVERY SIXMONTH ADJUSTMENT PERIOD DISAPPEAR AS ALLEGED WHETHERTHE LIBOR INDEX INCREASES INCREASE THEREFORE FIRSTALLIANCES ALLIANCE REPRESENTATION 32 WAS PARAGRAPH IN AND IS FALSE OR MISLEADING ALLIANCE PRACTICES CONSTITUTE ACT OR PRACTICES ACTS IN OR AFFECTING FIRSTALLIANCES DECEPTIVE PRACTICE PRACTICE COMMERCE IN VIOLATIONOFSECTION5A OF THE FEDERALTRADE COMMISSION ACT 15 USC 34 45A OF COSTS COST MISREPRESENTATION COUNT IV 35 AND FEES FEE PLAINTIFFINCORPORATES ALLTHE FOREGOING BY REFERENCE PARAGRAPH PARAGRAPHS INCORPORATE AND CONDUCTOF OFFERING AND EXTENDING CREDITFIRSTALLIANCE HAS COST OR THAT CONSUMER CONSUMERS CAN OBTAIN LOAN WITHOUTCOSTS EXPRESSLYBY IMPLICATION REPRESENTED 36 IN THECOURSE FEE FEES OR OBTAIN LOAN WITHOUTCOSTS COST OR FEES FEE FIRST COST AND LOAN FEES COSTS FEE ON THE VAST MAJORITY IF NOT ALLOF ALLIANCE IMPOSES IMPOSESUBSTANTIAL CLOSING FIRSTALLIANCES ALLIANCE REPRESENTATION AS ALLEGED IN PARAGRAPH ITS LOANS LOAN THEREFORE 36 WAS AND 37 IN TRUTHAND IN FACTMOST CONSUMER CONSUMERS CANNOT IS FALSEOR MISLEADING CONSTITUTE ACT OR PRACTICES ACTS IN OR AFFECTING 38 FIRSTALLIANCES ALLIANCE PRACTICES PRACTICE DECEPTIVE PRACTICE COMMERCE IN VIOLATIONOF SECTION5A OFTHEFEDERALTRADECOMMISSION ACT 15 USC 45A CONSUMER IE PROTECTIONCLE 195 COUNT OFTHE AMOUNT BORROWED MISREPRESENTATION 39 PLAINTIFFINCORPORATES ALLTHEFOREGOING INCORPORATE BYREFERENCE PARAGRAPH PARAGRAPHS 40 IN THECOURSE AND CONDUCTOF OFFERING AND EXTENDING FIRSTALLIANCEHAS CREDIT OR BYIMPLICATION THATTHETOTALAMOUNT REPRESENTED EXPRESSLY ITS LOANS LOAN AND UPON WHICH INTEREST ACCRUES IS THEAMOUNT ACCRUE TILA DISCLOSURE STATEMENT 41 IN TRUTHAND IN THATUQME BORROWON WHICH APPEARS FINANCED APPEAR ON THE THATCONSUMERS CONSUMER BORROW ON ITS LOANS LOAN AND UPON THE AMOUNT FINANCED BUT INCLUDE INCLUDES SUBSTANTIAL ONLY FACTTHE TOTALAMOUNT WHICH INTEREST ACCRUE IS NOT ACCRUES ADDITIONALFEES FEE AND CHARGES WILL ACCRUE CHARGE IMPOSED BYFIRSTALLIANCEUPON WHICH INTEREST FIRSTALLIANCES ALLIANCE REPRESENTATION AS ALLEGED IN PARAGRAPH THEREFORE AND 40 WAS IS FALSEOR MISLEADING 42 FIRST ALLIANCES ALLIANCE CONSTITUTEDECEPTIVE ACT OR PRACTICE ACTS IN OR AFFECTING PRACTICES PRACTICE PRACTICES IN VIOLATION OF SECTION5A COMMERCE OF THE FEDERAL TRADECOMMISSION ACT 15 USC 45A COUNT OF THE PREPAID FINANCE CHARGES MISREPRESENTATION CHARGE 43 PLAINTIFFINCORPORATES ALL THEFOREGOING INCORPORATE BYREFERENCE PARAGRAPH PARAGRAPHS 44 IN THE COURSE AND CONDUCT OF OFFERING AND EXTENDING CREDITFIRSTALLIANCE HAS OR BY IMPLICATION THATITSPREPAID FINANCECHARGES REPRESENTED EXPRESSLY CHARGESUCH AS ARE OFTHEINTEREST ON THELOAN FEE FEES ORIGINATION PART PAYMENT PAYMENTS THE LOAN 45 IN TRUTHAND IN FACTTHE PREPAID FINANCECHARGES CHARGE IMPOSED BY FIRST ALLIANCE ARE NOT PART OFTHEINTEREST ARE ADDED TO THEAMOUNT FINANCEDAND PAYMENT ON THELOAN THESE CHARGES PAYMENTS CHARGE ARE PART OF THELOAN PRINCIPAL OR THE TOTALAMOUNT OF MONEY BORROWED AND INTEREST ACCRUE ACCRUES ON THESE CHARGES FIRSTALLIANCES ALLIANCE REPRESENTATION AS ALLEGED IN CHARGETHEREFORE PARAGRAPH 44 WAS AND IS FALSEOR MISLEADING 46 FIRSTALLIANCES ALLIANCE PRACTICES CONSTITUTE ACT ACTS PRACTICE DECEPTIVE COMMERCE IN VIOLATIONOF SECTION5A OR PRACTICES IN OR AFFECTING PRACTICE OFTHE FEDERALTRADE COMMISSION ACT 15 USC 45A REGULATION VIOLATION VIOLATIONS COUNT 47 PLAINTIFFINCORPORATES INCORPORATE BY REFERENCEALLTHE FOREGOING PARAGRAPH PARAGRAPHS 48 IN THE COURSE AND CONDUCT OF OFFERING AND EXTENDING CREDITFIRST ALLIANCE HAS FAILEDTO BORROWERS BORROWER WHO HAVE LOAN LOANS WITH TERM THAN ONE YEAR SECURED PROVIDE GREATER THE BORROWERS BORROWERPRINCIPAL AND FOR WHICH THE APR MAY INCREASEAFTER DWELLING WITH THEBOOKLETTITLEDCONSUMERHANDBOOK ON ADJUSTABLE RATE CONSUMMATION OR SUITABLE SUBSTITUTEFIRSTALLIANCE HASTHEREFORE VIOLATEDTHEREQUIREMENTS MORTGAGE MORTGAGES REQUIREMENT OFTILAS TILA CONSUMER UUUUI IP 12 IMPLEMENTING REGULATION PROTECTIONCLE CFR 22619BL 196 CONSUMER INJURY AND WILL CONTINUETO SUFFER 49 CONSUMER CONSUMERSHAVE SUFFERED SUBSTANTIAL AS RESULT OF INJURY VIOLATION VIOLATIONS OFTHEFTC 15 FIRSTALLIANCES ALLIANCE ACT USC OF 5A 45A AND 12 IMPLEMENTING REGULATION CFR PRAYER 226 AS SET FOR FORTH ABOVE RELIEF THATTHIS THI COURT AS AUTHORIZED IN PLAINTIFF REQUEST REQUESTS 13B OF THE FTC SECTION OFTHE 15 USC TO 53B 108C TILA 1607C AND PURSUANT EQUITABLE POWER POWERS WHEREFORE ACT 15 USC ITS OWN THE DEFENDANTS ENTER JUDGMENT DEFENDANTAND IN FAVOROF PLAINTIFF FOREACH VIOLATION AGAINST IN THECOMPLAINT CHARGED AND RESTRAIN DEFENDANTS DEFENDANT FROM VIOLATING5A PERMANENTLY ENJOIN IN CONNECTION WITH OFFERING AND EXTENDING CREDITAND ANY OF THE FTC ACT OFTHETILA PROVISION AND REGULATION FIND THEDEFENDANTS DEFENDANTJOINTLY AND SEVERALLY LIABLEFORREDRESS REDRES TO ALLBORROWERS BORROWERWHO WERE INJURED AS RESULT OFDEFENDANTS DEFENDANT VIOLATIONS VIOLATION OF 5A OFTHEFTC ACT AND REGULATION AWARD SUCHRELIEFAS THECOURTDEEMS DEEM NECESSARY TO PREVENTUNJUST ENRICHMENT AND TO REDRESS REDRESBORROWERINJURY FROM THE DEFENDANT DEFENDANTS VIOLATION VIOLATIONS OF 5A OF RESULTING THE FTC ACT AND BUT NOT LIMITED TO RESCISSIONOF CONTRACTS CONTRACT REGULATIONINCLUDING AND OF AND PAID DISGORGEMENT ILLGOTTEN GAIN GAINS THE REFUNDOF MONIES MONIE AWARD PLAINTIFF ITS COSTS COST OFBRINGING THI ACTIONAS WELLAS SUCH OTHERADDITIONAL THIS RELIEF AS THECOURT DETERMINE TO BE JUST AND PROPER EQUITABLE MAY DATED 2000 RESPECTFULLY SUBMITTED VALENTINE DEBRA GENERALCOUNSEL BONNIE JOHN JULIE KARTZMAN KREBS KREB BROF JEANNEMARIE RAYMOND FEDERALTRADECOMMISSION 600 AVENUE NW PENNSYLVANIA ROOM 4429 DC 20580 WASHINGTON 3262891 202 PH FAX 202 3262558 KENNETH ABBE LOCAL COUNSEL CAL BARNO 172416 FEDERALTRADE COMMISSION CONSUMER PROTECTIONCLE 197 10877 WILSHIRE BLVD STE 700 ANGELECA 90024 ANGELES 310 8244343 PH LOS 310 8244380 ATTORNEY ATTORNEYS FEDERAL CONSUMER FAX FOR PLAINTWF TRADE COMMISSION PROTECTIONCLE 198 DEBRA INE GENERALCOUNSEL STOCK LINDA BAR NO 143774 FEDERAL TRADE COMMISSION STE 700 10877 WILSHIRE BLVD LOS 90024 ANGELECALIFORNIA ANGELES TELEPHONE 310 8244343 438 310 FORPLAINTIFF ATTORNEY ATTORNEYS OR 8244316 FAX FEDERAL TRADE COMMISSION UNITED STATE STATES CENTRAL DISTRICT WESTERN FEDERAL TRADE DISTRICT COURT OF CALIFORNIA DIVISION COMMISSION PLAINTIFF CIVIL NO BARRY COOPER INDIVIDUALDOING BARRY COOPER PROPERTIE PROPERTIES BUSINES AS BUSINESS AN DEFENDANT COMPLAINT AND FOR OTHER PERMANENT EQUITABLE INJUNCTION RELIEF THE FEDERAL TRADE COMMISSION COMMISSION PLAINTIFF BY ITS UNDERSIGNED ATTORNEY ATTORNEYS FOLLOW ALLEGE FOLLOWS ALLEGES AS JURISDICTION AND VENUE THI IS AN ACTIONUNDERSECTIONS THIS SECTION 5A AND 13B OF THE FEDERALTRADE COMMISSION ACT 15 USC FTC ACT 45A AND 53B AND SECTION108C OFTHETRUTHIN LENDING ACT 15 USC AND PERMANENTINJUNCTIVE RELIEF TILA 1607C TO OBTAIN PRELIMINARY AND THE OTHER RELIEF RESCISSION RESTITUTION REFORMATION DISGORGEMENT EQUITABLE AGAINST DEFENDANT FORENGAGING IN VIOLATION OF TILA IN ACTS ACT OR PRACTICES 15 USC PRACTICE AS AMENDEDINCLUDING BUT NOT LIMITED TO THEHOME OWNERSHIP AND EQUITY PROTECTION ACT OF 1994 HOEPA AS AMENDEDAND TILAS TILA 12 CFR 226 IMPLEMENTING REGULATION AS AMENDED AND FORUNFAIRACTS ACT OR PRACTICES IN VIOLATIONOFSECTION5A OFTHEFTC ACT 15 PRACTICE USC 45A AS AMENDED OVER THIS THI MATTER PURSUANT THI COURTHAS SUBJECT THIS MATTER JURISDICTION TO 15 USC 28 USC 1331 1337A AND 1345 45A 53B AND 1607C AND VENUE IN THEUNITED STATES STATE DISTRICTCOURTFORTHE CENTRALDISTRICTOFCALIFORNIAIS PROPER UNDER 28 USC AND 15 USC 1391B AND 53B DEFINITION DEFINITIONS AS USEDIN THIS THI COMPLAINT CONSUMER PROTECTIONCLE 199 ANNUAL PERCENTAGE RATECONSUMER CONSUMER CREDITCONSUMMATION CREDITPOINTS FEE POINTAND FEES CREDIT CREDITORDWELLING MORTGAGEOPENEND ARE DEFINED AS SET AND REVERSE TRANSACTION RESIDENTIAL TRANSACTION MORTGAGE THE TERM TERMS MORTGAGE SECTION 2262 1602 AND 1638 AND SECTIONS FORTH IN SECTION SECTIONS103 AND 128 OF TILA 15 USC 12 CFR 226H 22622 22633 OF 2262 REGULATION 22618 22622 22632 AND AND 22633 22632 ACT OF 1994 AND EQUITY PROTECTION OWNERSHIP SECTION129 OF TILA 15 USC 1639 AND IS AMENDED TILA BYADDING WHICH CFR SECTION 22631 AND 22632 OF REGULATION12 SECTIONS BY IMPLEMENTED ON OCTOBER 22632 1995 PROVIDES 22631 AND HOEPA WHICH TOOKEFFECT PROVIDESPECIAL OR LOAN LOANS SECURED WHO OBTAIN FOR CONSUMER CONSUMERS BYTHEIR HIGHRATE HIGHFEE PROTECTION PROTECTIONS CREDITORTO PROVIDE CREDITORS CERTAIN MATERIAL INFORMATIONAT LEAST BY REQUIRING PRINCIPAL DWELLING DWELLINGS AND THE USE LOAN IS TERM THREEDAYS CONSUMMATED PROHIBITING OF CERTAIN LOAN TERMS DAY BEFORE THE PRACTICE PRACTICES BARRING SPECIFIED THE TERM HOEPA MEAN MEANS THE HOME MEAN CONSUMER CREDITTRANSACTIONCONSUMMATED MORTGAGELOAN MEANS CONSUMER PRINCIPAL OTHER ON OR AFTER OCTOBER 1995 THATIS SECURED BYTHECONSUMERS DWELLING REVERSE TRANSACTION OR AN RESIDENTIAL THAN MORTGAGE OPENEND MORTGAGETRANSACTION RATE AT CONSUMMATIONOF THE TRANSACTION CREDITPLANIN WHICH THEANNUALPERCENTAGE SECURITIEHAVING SECURITIES WILL EXCEEDBY MORE THAN 10 PERCENTAGE POINTTHEYIELDON TREASURY POINTS THE TERM HOEPA AS OFTHE 15TH DAYOFTHEMONTH OF MATURITY TO THELOANMATURITY COMPARABLE PERIOD PERIODS FORTHEEXTENSIONOFCREDITIS THEMONTH IN WHICH THEAPPLICATION IMMEDIATELY PRECEDING THE TOTAL AND FEE FEES RECEIVEDBY THE CREDITOR OR PAYABLE BYTHE CONSUMER AT OR POINT POINTS WILL EXCEEDTHEGREATER OF OFTHETOTALLOANAMOUNT OR 400 BEFORELOANCLOSING ON OF THE FEDERAL RESERVE SYSTEM THE BOARDOF GOVERNOR GOVERNORS ANNUALLY BY ADJUSTED WAS IN THE CONSUMERPRICEINDEX THAT REPORTED CHANGE JANUARYBYTHE ANNUALPERCENTAGE OF TO SECTION129 WHICH IS COVERED ON JUNE OF THE PRECEDING HOEPA BY PURSUANT YEAR 12 CFR 22632 AS 15 USC 1639 AND SECTION22632 OF REGULATION AS DESCRIBEDIN SECTION THE TOTALLOANAMOUNT IS CALCULATED USEDHEREIN ON REGULATION12 CFR OFFICIALSTAFF OF THE FRB COMMENTARY 22632A1II1 TILA 22632A1II1 THE TERM TILA AND SUPP REGULATION HOEPA 12 CFR MEAN MEANS 226 THE FRB PROMULGATED TO IMPLEMENT THE REGULATION INCLUDE THE FRB OFFICIAL AS AMENDED THE TERM ALSO INCLUDES STAFFCOMMENTARY ON REGULATION12 CFR 226 SUPP1 AS AMENDED ACT 15 USC 16011666J AS LENDING IS INTENDED TO THEINFORMED ON JULY AMENDED TILA WHICH TOOKEFFECT 1969 PROMOTE CREDITORTO DISCLOSE CREDITTERMS CREDITORS TERM AND COSTS CREDITBYREQUIRING COST REQUIRING USE OF CONSUMER CONSUMER CONSUMERS CONSUMER CONSUMERS AND ADDITIONALDISCLOSURES DISCLOSUREFORLOANS LOAN SECURED HOJN HOJNS BY PERMITTING TRANSACTION TRANSACTIONS THAT INVOLVETHEIR PRINCIPAL TO RESCINDCERTAIN DWELLING DWELLINGS THE TERM TILA MEAN MEANS THETRUTHIN PARTIE PARTIES STATE GOVERNMENT AGENCY OF THE UNITED STATES PLAINTIFFTHECOMMISSION IS AN INDEPENDENT AND RESPONSIBILITY AND GIVEN CREATED BYTHEFTC ACT AS AMENDED STATUTORY AUTHORITY SECTION5A OF WITH LQ THE COMMISSION IS CHARGED UNFAIROR DECEPTIVE ACT OR PRACTICES ACTS IN OR THEFTC ACT 15 USC PRACTICE 45A WHICH PROHIBITS PROHIBIT OFTHE THE COMMISSION IS AUTHORIZED SECTION 13B BY AFFECTING COMMERCE AND TILA OF 15 TO INITIATE AND SECTION USC FTC ACT 15 USC TILA 1607C 108C 53B 15 USC CONSUMER 4158 PROTECTIONCLE 2001009 200 COURT PROCEEDINGS TO ENJOIN VIOLATION OF THEFTC ACT TILA HOEPA VIOLATIONS FEDERAL DISTRICT PROCEEDING IN EACHCASE AND TO SECURE SUCH RELIEF REGULATION EQUITABLE AS MAY BE APPROPRIATE BUTNOT LIMITEDTO REDRESS REDRESAND IS INCLUDING AND ALSO AND OWNER OF BARRY IS SOLEPROPRIETOR 10 DEFENDANTBARRY COOPER PROPERTIE PROPERTIES COOPER 17034 VENTURA AND LOCATED AT KNOWN AS BARRY LOAN LOANS INVESTMENT INVESTMENTS COOPER PROPERTIE PROPERTIES OR IN CONCERT WITH OTHERS CALIFORNIA 91316 OTHER AT CERTAIN INDIVIDUALLY BOULEVARD ENCINO THI TIME MATERIAL TO THIS TIMES ACTIONHE HAS ANDJOR CONTROLLED FORMULATED DIRECTED SUPERVISED THEACTS ACT OR OF BARRY IN THEACTS ACT AND PRACTICES PROPERTIE PROPERTIES INCLUDING PRACTICE COOPER PARTICIPATED THI DISTRICT HE RESIDES RESIDE AND TRANSACTS TRANSACT BUSINESS BUSINES IN THIS SET FORTH IN THIS THI COMPLAINT PRACTICE PRACTICES IS CREDITOR AS BUSINES AS BARRY BUSINESS DEFENDANTBARRYCOOPER COOPER PROPERTIE PROPERTIES DOING AND SECTION OF 15 USC THATTERM IS DEFINEDIN SECTION103F TILA 1602F AND THEREFORE IS REQUIRED TO OF 12 CFR 2262A17 2262A17 REGULATION 11 OF TILA WITH APPLICABLE COMPLY PROVISION PROVISIONS HOEPA DEFENDANT DEFENDANTS SINCE AT LEASTOCTOBER 12 TRADEIN 1995 REGULATION BUSINES BUSINESS THE DEFENDANTHASMAINTAINED SUBSTANTIAL UQ OF AND OTHERS OTHER INCLUDING BUT NOT LIMITED CREDITTO CONSUMERS CONSUMER AND EXTENDING OFFERING TO HOEPA AND LOAN LOANS MORTGAGE BUSINES AS BUSINESS 13 DEFENDANTBARRY COOPER DOING IN IS ENGAGED BARRYCOOPER PROPERTIE PROPERTIES LENDER SUBPRIME REFERTO THE EXTENSIONOF CREDITTO HIGHER REFERS LENDING SUBPRIME TO AS BC OR NONCONFORMING THI THIS IS ALSO REFERRED RISKBORROWERS BORROWER PRACTICE COMMONLY BUSINES AS BUSINESS CREDIT INTERESTRATES RATE OF DEFENDANT HOEPA MORTGAGE LOAN TYPICALLY LOANS THE DEFENDANTS INCLUDE FEE RANGING FEES FROM 10 TO AND BROKERAGE 14 AND UPFRONT FEE THATINCLUDE ORIGINATION FEES 14 20 CREDITTO CONSUMERS THE DEFENDANT HAS CONSUMER EXTENDING AND AND IN PATTERN TERM PROHIBITED INCLUDEDLOANTERMS BYHOEPA REGULATION HAS ENGAGED IN VIOLATIONOFHOEPA AND REGULATION AND PRACTICE OFASSETBASEDLENDING 15 IN THE COURSE OF OFFERING AND THEDEFENDANT HASMAINTAINED SUBSTANTIAL TIME RELEVANT TO THIS THI COMPLAINT 16 AT ALLTIMES AS COMMERCE IS DEFINED IN SECTION OF THE OF TRADEIN OR AFFECTING COMMERCE COURSE FTC ACT 15 USC 44 VIOLATION VIOLATIONS OF HOE PA COUNT PROHIBITED TILA AND FTC ACT ONE LOAN TERM TERMS AND MAKINGHOEPA MORTGAGE LOAN DEFENDANT LOANS 17 IN THECOURSE AND CONDUCTOF OFFERING HAS AND CONTINUE CONTINUES TO THE IN NUMEROU NUMEROUS INSTANCE INSTANCES VIOLATE VIOLATED BARRY COOPER IN THE FOLLOWING AND OTHERRESPECTS OFHOEPA AND REGULATION RESPECT BY REQUIREMENT REQUIREMENTS IN VIOLATIONOF SECTION 129C OF PENALTY PROVISION INCLUDING PROHIBITED PREPAYMENT TILA 15 USC 1639C AND SECTION22632D6 OFREGULATION 12 CFR 22632D6 CONSUMER PROTECTIONCLE 201 TERM IN HOEPA AS LOANTERMS LOANTRANSACTIONS TRANSACTION MORTGAGE BY INCLUDING PROHIBITED 17 ABOVETHEDEFENDANT HAS ENGAGED AND CONTINUES CONTINUE TO ENGAGE IN DESCRIBED IN PARAGRAPH OF ACT ACTS OR IN VIOLATIONOFSECTION THEFTC UNFAIR ACT 15 USC 45A 5A PRACTICE PRACTICES 18 COUNT ASSETBASED TWO LENDING ANDMAKINGHOEPA MORTGAGELOANS AND CONDUCTOF OFFERING LOAN DEFENDANT TO T HE OFHOEPA AND HAS VIOLATEDAND CONTINUES CONTINUE VIOLATE REQUIREMENTS REQUIREMENT BARRY COOPER OR PRACTICE OF EXTENDING SUCH CREDITTO CONSUMER IN PATTERN REGULATIONBYENGAGING ON THE CONSUMER CONSUMERS COLLATERAL RATHER T HAN THE CONSUMER CONSUMERS CURRENT AND BASED CONSIDERING 19 IN THE COURSE AND EMPLOYMENT STATU TO DETERMINEWHETHER THE STATUS INCOME CURRENT OBLIGATIONS 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GRANTINJUNCTIVE 22 BYTHE COMMISSION AND SECTION5A OF THE AND OTHERRELIEFBY THIS THI COURTARE AND ABSENTINJUNCTIVE THE DEFENDANTS DEFENDANT VIOLATIONS VIOLATION OF HOEPA FTC ACT HAVE INJURED CONSUMER CONSUMERS TO CONTINUE TO INJURE CONSUMER CONSUMERS LIKELY TILA AND HARM THE PUBLIC INTEREST FOR RELIEF REQUEST THI COURTAS AUTHORIZEDBY SECTIONS SECTION REQUESTTHATTHIS REQUESTS PLAINTIFF RESPECTFULLY OFTHEFTC 15 USC AND SECTION OF TILA 15 13B ACT 45A 108C TO ITS OWN INHERENTEQUITABLE 1607C AND PURSUANT POWER POWERS WHEREFORE 5A AND USC ENTER JUDGMENT THE DEFENDANT AND IN FAVOROF PLAINTIFF FOREACH AGAINST VIOLATIONCHARGED IN THECOMPLAINT AND RESTRAIN THE DEFENDANTFROMVIOLATING ANY PERMANENTLY ENJOIN AND IN CONNECTION WITH OFHOEPA TILA AND PROVISION REGULATION OR EXTENDING SECTION5A OFTHEFTC ACT CREDIT OFFERING CONSUMER PROTECTIONCLE 202 CONSUMER REDRESTO ALLCONSUMERS FIND THEDEFENDANTLIABLEFORREDRESS OF DEFENDANT VIOLATIONS VIOLATION RESULTOFTHEDEFENDANTS HOEPA TILA WHO WERE AS INJURED REGULATIONLOR SECTION 5A OFTHEFTC ACT DEEM NECESSARYTO PREVENT AWARD SUCHRELIEFAS THECOURTDEEMS UNJUST FROM THE DEFENDANT DEFENDANTS CONSUMER ENRICHMENTAND TO REDRESS REDRES INJURY RESULTING LOR SECTION5A OFTHEFTC VIOLATION OF HOEPA TILA REGULATION VIOLATIONS OF CONTRACTS OR REFORMATION CONTRACT BUTNOT LIMITED TO RESCISSION INCLUDING OF ILLGOTTEN REFUNDOFMONIES MONIE PAIDLOR GAIN AND GAINS DISGORGEMENT ACT THI ACTIONAS WELL AS SUCH OTHER THIS ITSCOSTS COST OF BRINGING PLAINTIFF AND PROPER ADDITIONALEQUITABLE RELIEFAS THE COURTMAY DETERMINETO BE JUST AWARD SUBMITTED RESPECTFULLY DEBRA INE GENERALCOUNSEL DATED LINDA STOCK ATTORNEYFORPLAINTIFF ATTORNEYS FEDERAL CONSUMER TRADE COMMISSION PROTECTIONCLE 0Q 203 THI THIS CONSUMER PAGE IS PROTECTIONCLE LEFT INTENTIONALLY BLANK 204 FAIR DEBT FAIR CONSUMER COLLECTION CREDIT PRACTICE PRACTICES ACT REPORTINGACT 205 THI THIS CONSUMER IFL PAGE IS PROTECTIONCLE INTENTIONALLYLEFT BLANK 206 HIGHLIGHT HIGHLIGHTS COLLECTION 1692A OF THE PRACTICE PRACTICES 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ASSISTANTATTORNEY GENERAL FAIR BUSINESS BUSINES PRACTICES PRACTICE NOVEMBER 2001 CONSUMER PROTECTIONCLE 208 FOR CHARGE ACCOUNT YOUVEEVER APPLIED INSURANCEOR JOB THERE THERES LOAN PERSONAL FILE ABOUT YOU THIS THI FILE CONTAINS CONTAIN INFORMATION ON WHERE YOU WORK AND LIVE HOW YOU PAY YOUR OR FILED FORBANKRUPTCY BILL AND WHETHER YOUVEBEEN SUED ARRESTED BILLS AND THATGATHER COMPANIES COMPANIE CRA AGENCIECRAS AGENCIES THE INFORMATION CRAS CRA SELLABOUT YOU BUSINESSE IS CALLED BUSINESSES CONSUMER SELLTHIS THI INFORMATION ARE CALLEDCONSUMER PROTECTIONCLE MOST COMMON CONSUMER TO TYPEOF CRA REPORTING IS THE CREDITBUREAU THE CREDITOR EMPLOYERS CREDITORS INSURER AND OTHER EMPLOYERINSURERS REPORT 209 FACT FORCONSUMERS FACTS CONSUMER ACT THE FAIR CREDITREPORTING DO HAVE RIGHT TOKNOWWHATS WHAT IN MY FCRA ENFORCED BYTHE FEDERAL TRADE COMMISSION IS DESIGNEDPROMOTEACCURACYAND ENSURE THE PRIVACY OF THE INFORMATION USED IN CON REPORT TO SUMER RECENT AMENDMENTS AMENDMENT REPORTS REPORT TO THE ACT 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PROTECTIONCLE 212 CONSUMER HOT THESE CONSUMER MATERIAL MATERIALS PROTECTIONCLE LAW UPDATE OFF THE PRESS PRES WILL BE HANDED 2001009 OUT SEPARATELY 213 THI THIS CONSUMER PAGE PROTECTIONCLE IS INTENTIONALLYLEFT BLANK 214 PRACTICE CONSUMER PROTECTIONCLE 0Q TIP TIPS 215 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT BLANK 216 2001 SEPTEMBER BUSINES BUSINESS DEAR FRAUDULENT WEEK AGO JIM SMITH WHO BOUGHTCAR FROM YOU THREEWEEKS REPRESENT OF 50000 MILE WAS MILES THATYOU WERE AWARE THE ODOMETERREADING DISCOVERED THAT THE CAR HAS AND DEMANDS DEMAND RETURN TO HIM 5000 MILE ON 742600 MILES WITHIN IT MR SMITH IS HIS CAR BACK TO HEREBY TENDERING OF THE PURCHASE PRICEIF YOU DO NOT DAY WE DAYS SEVEN VERY WILL PURSUE SIGNIFICANT WE HAVE RETURN MR JUST INCORRECTAND YOU SMITH MONEY SMITHS ACTION AGAINST LEGAL YOU FOR DAMAGE DAMAGES ALASKA REVISED CONSUMER PROTECTIONACT WILL INCLUDEAMONG OTHER WHICH UNDER ALASKAS THING THINGS ALL OF MY IS AT 1850 SEVEN FEE WHICH FEES ATTORNEY ATTORNEYS WILL NOT DAYS OTHERWISE DAY WILL BILL AT SO FAR MY BILL 185HOUR SMITH MONEY IN THI FEE IF YOU RETURN MR SMITHS CHARGE YOU THIS FEE AS IS PERMITTED UNDER ALASKA STATUTE CHARGE YOU MY FEES 4550537 TRIPLEDAMAGES DAMAGE YOU UNDER ALASKA LAW MR 5000 MINIMUM OWE MR SMITH 5000 THE SALES SALE PRICE FORHIS CAR SMITH IS ENTITLEDTO EITHER SIGNIFICANT DAMAGESOR AT DAMAGE PUNITIVE RECOVER OF TRIPLE DAMAGE OR DAMAGES THE CONSUMER PROTECTIONACT ALLOWS ALLOW PUNITIVE DAMAGE DAMAGES YOUVE GOT DAY DAYS SINCERELY LAWYERWHO WILL MAKE CONSUMER IFL PROTECTIONCLE YOUR LIFEHELL 217 THI THIS CONSUMER PAGE IS PROTECTIONCLE INTENTIONALLYLEFT 009H BLANK 218 OCTOBER 2001 BUSINESS BUSINES DEAR FRAUDULENT OK NOW IM MAD YOUVE RETURN MR REFUSEDTO SMITH SMITHS MONEY AND HAVE FILED LAWSUITTODAY AS IN EXPLAINED SMITH SMITHS MR MY LAST LETTER TO YOU FEE WHICH FEES ATTORNEYS ATTORNEY THE LAW MAKE MAKES YOU NOW TOTAL WILL SEND YOU OWE TO MY OF WHAT YOU MONTHLY UPDATE CLIENT THE LONGER T THI HIS OUT THE MORE YOU DRAG FOR RESPONSIBLE 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AND FRAUD THE BETTERBUSINESS BUSINES BUSINES THE BETTER BUSINESS PUBLICCONFIDENCEIN HONEST BUSINESS CONSUMER CONSERVE BEHALF OF THE RESPONSIBLE BUSINES BUSINESS BUREAU SERVE SERVES YOU WOMEN IN COMMUNITY THE OUR ON BUREAU BETTER BUSINESS BUSINES BUREAUS FUND FUNDS OPERATING COME MEN AND FROM BUSINES AND PROFESSIONAL DUE PAIDBY ITS BUSINESS DUES MEMBER AS MEMBERS MEMBERSHIP FOR OUR SERVICES WELL AS DONATIONS DONATION FROM THE PUBLIC THERE IS NO CHARGE SERVICE WE THE COST OF COMPLAINT HOWEVER IN THE INTERESTOF COVERING PROCESSING DONATION OF 500 REQUESTVOLUNTARY THEBETTER BUSINESS BUSINES BUREAU FURNISHES FURNISHE INFORMATION UPONREQUEST OF LOCALFIRMS WITH THE BUSINESS BUSINES PRACTICES FIRM WHO DEAL DIRECTLY PRACTICE CONCERNING THE PUBLIC WRITTEN OR TELEPHONED INQUIRE SHOULD GIVETHE FULLNAME INQUIRES AND ADDRES ADDRESS OF THE FIRM INVOLVED AND RECEIVE INVESTIGATES RECEIVES INVESTIGATE ACT UPON VALID ACTS COMPLAINTS COMPLAINT IN AND OTHERIRREGULAR ALLEGED MISREPRESENTATION PRACTICE 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MERCHANTS REFUND BECAUSE YOU CHANGED YOUR MIND ABOUT MERCHANDISE PURCHASED MAKE GIVE COLLECTION OF ANY KIND COLLECTIONS CREDIT RATINGS RATING OR CREDIT INFORMATION ON COMPANIESOR COMPANIE INDIVIDUAL INDIVIDUALS MERCHANDISE WHERE HEIP TO OBTAIN ADJUSTMENTS ADJUSTMENTON UNSATISFACTORY OR SALES SALE REPRESENTATIONS CAN BE PROVED MISLEADING ADVERTISING REPRESENTATION NO ARTICLE ARTICLES RQAJ HANDLE LABOR AND WAGE HANDLE ANY MATTER THAT IS DISPUTE DISPUTES IN ALREADY THE COURTS COURT OR HAS HAD PREVIOU PREVIOUS DETERMINATION JUDICIAL ON DISPUTES JUDGMENT DISPUTE DECIDE HOW LONG MERCHANDISE SHOULD WEAR OR LAST PAS PASS FEE CHARGED JUDGMENTON BY PROFESSIONALS PROFESSIONAL DOCTOR IE DOCTORS DENTIST ETC NOR PASS ON THE QUALITY OF THEIR LAWYERDENTISTS LAWYERS PAS JUDGMENT SERVICE SERVICES COMPLAINT WE ONLYPROCESS COMPLAINTS TELEPHONE PROCES COMPLAINTS COMPLAINTIN WRITING WHICH ARE MORE THAN ONE YEAR OLD HANDLE COMPLAINTS COMPLAINT TAKE COMPLAINTS COMPLAINT REGISTERED BY THIRD PARTYWITHOUT THE 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ZIP CITYSTATEZIP WORK PHONE HOME DESCRIPTION PHONE OF VEHICLE PERSON YOU DEALTWITH PERSONS MODEL MAKE YEAR NEW USED ACTION YOU HAVE TAKEN PLEASE ATTACH COPIES BETWEEN YOU AND THE COMPANY REGARDING COPIE OF ALL CORRESPONDENCE YOUR COMPLAINT NATURE OF RESPONSE TO YOUR COMPLAINT DATE OF RESPONSE HAVE YOU RETAINED IF SO AN PLEASESTATE THE THI COMPLAINT THIS ATTORNEY REGARDING NAME ADDRESS ADDRES AND PHONENUMBER OF YOUR ATTORNEY HAS LEGAL ACTIONBEEN TAKEN BYYOU OR AGAINST TO THIS THI COMPLAINT YOU WITH REGARD IF SO PLEASE DESCRIBE THE CURRENTSTATUS STATU OF ANY LEGAL ACTION RESOLUTION FAIR RESOLUTIONTO THIS THI MATTER CIRCLEONE SATISFACTORY WHAT WOULD YOU CONSIDER REFUND SOUGHT PRODUCTDELIVERY SERVICE PERFORMED OTHER EXPLAIN IF YOU ARE IF STATETHE AMOUNT SEEKING REFUND PLEASE YOUR COMPLAINT CONSUMER DOE DOES NOT INVOLVE PROTECTIONCLE VEHICLE PURCHASE PLEASE 251 GO TO SECTION NEW MOTOR VEHICLE IF YOUR COMPLAINT INVOLVE INVOLVES THI SECTION ONLY THIS COMPLETE DATE OFNEW MOTOR VEHICLE PURCHASE OF PURCHASE ATTACH PURCHASE IF ANY OFTHECOMPONENT OFTHE VEHICLEARE IN NEED OFREPAIR OR COMPONENTS NEED OR COMPONENT COMPONENTS REPAIR ADJUSTING HAVE YOU GONE BACK TO THE DEALER FORREPAIRS REPAIROR COME WITH ADJUSTMENT ADJUSTMENTS YES WARRANTY NO VEHICLE DOCUMENT DOCUMENTS COPIE OF ALLPURCHASE COPIES HOW ADJUSTMENT HOW MANY TIMES TIME HAVE YOU GONE BACK TO THE DEALER FOR REPAIRS REPAIROR DATE IN SECTION AND ATTACH INVOICES INVOICE SPECIFYDATES DID THE VEHICLE TRANSACTION YES NO THI VEHICLE THIS ADJUSTMENTON ADJUSTMENTS IF YES AFTERPURCHASE DID ANY OFTHE VEHICLE SOON PLEASEATTACH COPY OF THE WARRANTY HAVE YOU GIVENWRITTEN NOTICE BYCERTIFIED MAIL TO THE MANUFACTURER AND ITS DEALER OR REPAIRING AGENTAS TO THE NO IF YES ATTACHCOPIES AND THI VEHICLE THIS YES OF CERTIFIED COPIE CORRESPONDENCE MAILING RECEIPTS RECEIPT CAN THIS THI VEHICLE BE EVEN OPERATED IT IS THOUGH IN NEED OF DO YOU FEEL THE VEHICLE IS UNSAFE TO OPER USED YES MOTOR DATE OFUSED MOTOR VEHICLE PURCHASE ANY WERE WITH YOU PROVIDED YES IF YES WERE YOU TOLDTHE WERE DOCUMENT YOU SHOWN ANY DOCUMENTS YES OF THE HISTORY PLEASE ATTACH IF YES DESCRIBE IN SECTION PURCHASE TRANSACTION THE PURCHASE OF VEHICLE CONDITION OF THE VEHICLE THE COPY OFTHE INSPECTION PLEASEATTACH NO PLEASE ATTACH COPIES DOCUMENT DOCUMENTS COPIE OF ALL PURCHASE MADE REGARDING THE REPRESENTATIONS REPRESENTATION WERE NO VEHICLE IF YOUR COMPLAINT INVOLVE INVOLVES THI SECTION ONLY COMPLETETHIS YES REPAIR WITH PROBLEM YES NO IF YES WHAT WERE THEY ON THIS THI VEHICLE DEALERSHIP PERFORMED NO COPY VEHICLE AT THE TIME OF PURCHASE YES AT THE TIME OFPURCHASE TO THE RELATING PLEASE ATTACH OFTHE HISTORY COPY NO VEHICLE NO COPY IF ANY OF THE COMPONENTS OR COMPONENT OF THE VEHICLE ARE IN NEED OF REPAIR HOW ADJUSTMENT SOON AFTER PURCHASE DID ANY OF THE VEHICLE OR ADJUSTING COMPONENTNEED REPAIR COMPONENTS WAS THE VEHICLE SOLD TO YOU AS IS YES NO DID YOU PURCHASE SERVICE CONTRACTOR WARRANTY FROMTHE DEALER DID YOU TAKE THE CAR BACK TO THE DEALER OR AUTHORIZED YES YES PLEASE ATTACH UNDER REPAIR AGENTFORREPAIR NO COPY THE SERVICE CONTRACT IFYES WHEN NO 10 DID YOU RECEIVE 11 CAN THIS THI VEHICLEBE OPERATED EVEN 12 DO YOU FEELTHEVEHICLEIS UNSAFETOOPERATE CURRENTIM CERTIFICATE FROMTHE DEALER FORTHE VEHICLE WHEN YOU PURCHASED IT CONSUMER IT IS IN NEED OF REPAIR THOUGH PROTECTIONCLE YES NO YES NO IFYES DESCRIBE IN SECTION 252 YES NO MOTOR VEHICLE REPAIR THI SECTIONONLY THIS IF YOURCOMPLAINT INVOLVE INVOLVES COMPLETE TRANSACTION TO YOUR VEHICLE DATE YOU BROUGHT THE VEHICLETO THE REPAIR SHOP DESCRIBETHE THE VEHICLETO THE REPAIR YOU BROUGHT SHOP REASON SPECIFIC DID YOU RECEIVE WRITTENESTIMATE OF THE ESTIMATED AMOUNT OF THE REPAIR DID YOU AUTHORIZEIN DID YOU RECEIVE PART AND PARTS OR VERBALLY WRITING ANY COPY OF THE ADDITIONALREPAIR LABOR NECESSARY TO DO THE WHAT WAS THE ACTUAL COST OFTHE ADDITIONAL REPAIR REPAIRS DID NOT RECEIVE AN FOR ANY CHARGED YES NO YES IF YES NO PLEASEDESCRIBE ESTIMATE COPYOF INVOICE REPAIR ANY UNNECESSARYOR UNAUTHORIZED WORK PERFORMED WERE YOU NO ORDER ORDERS REPAIR WRITTEN ESTIMATE WITH YOUR AUTHORIZATIONDETAILING THE COSTS COST OF ALLPARTS PART AND LABOR INVOLVED IN YES COPY ATTACHED YES BUT DO NOT HAVE COPY NO WAS YES REPAIR PLEASE ATTACH ALLESTIMATES ESTIMATE AND YES UNNECESSARY OR UNAUTHORIZED WORK IF YES OR NO DESCRIBE FORWORK WHICH WAS NOT ATTACHED UNKNOWN PERFORMED PLEASEDESCRIBE REPAIR SHOP DID YOU SEE SIGNPOSTEDNOTIFYING YOU THAT YOU ARE ENTITLED TO PRICEESTIMATE FORTHE REPAIRS REPAIRYOU AUTHORIZE AND THAT UPON REQUEST USED PARTS REMOVED FROM YOUR CAR WOULD BE RETURNED TO YOU PART YES NO UNKNOWN AT THE 10 THAT ANY REPLACED BEFORETHE REPAIRS REPAIRWERE MADE DID YOU REQUEST PART BE RETURNED TO YOU PARTS IF YES DID YOU RECEIVE THE REPLACED YES NO PART PARTS WERE 12 13 THE REPAIRS REPAIRGUARANTEED YES NO IF YES ATTACH COPIES COPIE OF THE GUARANTEEINVOICE GUARANTEES DID YOU GO TO ANOTHER FACILITY TO HAVE THE PROBLEM CORRECTED YES NO IF YES ATTACH THE INVOICE AND GIVETHE FOLLOWING INFORMATION ABOUT THE FACILITY BUSINES NAME BUSINESS PHONE ADDRES ADDRESS CONTACT DOE DOES THE REPAIR SHOPSTILLHAVE YOUR VEHICLE IF YES YES NO PLEASE EXPLAIN CONSUMER PROTECTIONCLE 253 PERSON YES NO AND ALL REPAIR ORDER ORDERS DESCRIPTION OF TRANSACTION COMPLAINT OF YOURTRANSACTIONCOMPLAINT PLEASE PROVIDE BRIEFDESCRIPTION WHO REFERREDYOU TO THIS THI OFFICE READ IN THE FOLLOWING BEFORE SIGNING BELOW THI COMPLAINT UNDERSTAND THE FOLLOWING THIS FILING THE GENERAL ATTORNEY CONSUMER IS NOT MY BUT REPRESENTS PRIVATE ATTORNEY REPRESENT THE PUBLICINTEREST IN ENFORCING LAW LAWS PROTECTION THE GENERAL CANNOT PROVIDE ADVICE TO ME IF HAVE ATTORNEY LEGAL THE TIME LIMITS LIMIT WITHIN WHICH MAY FILE RESPONSIBILITIE RESPONSIBILITIES INCLUDING CONTACT PRIVATE ATTORNEY AM THI INFORMATION TO ALERTTHE ATTORNEY THIS GENERAL ABOUT SUBMITTING QUESTIONABOUT MY LEGAL QUESTIONS RIGHT RIGHTS SHOULD PRIVATE A CTION LEGAL ANY AND UNDERSTAND THATTHE CONDUCTED GENERALMAY ATTORNEY GENERAL GENERALS BY THE ATTORNEY 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SERVICE ARE OF PARTICULAR OR GRADE OR THAT GOODOR SERVICES STANDARD QUALITY REPRESENTING OR MODEL IF THEY ARE OF ANOTHER GOODARE OF PARTICULAR GOODS STYLE THE OR BUSINES OF ANOTHER BY FALSE OR MISLEADING BUSINESS SERVICE DISPARAGING GOODS GOOD SERVICES OF FACT REPRESENTATION SERVICE WITH INTENTNOT TO SELL THEM AS ADVERTISED ADVERTISING GOODOR SERVICES GOODS SERVICE WITH INTENTNOT TO SUPPLY REASONABLE EXPECTABLE ADVERTISING GOODOR SERVICES GOODS PUBLIC UNLES UNLESS THE ADVERTISEMENT DISCLOSE DISCLOSES LIMITATION OF QUANTITY DEMAND PROMINENTLY STATEMENT OF FACTCONCERNING STATEMENTS THE REASONS REASON 10 MAKINGFALSEOR MISLEADING FOREXISTENCEOF OR AMOUNTS AMOUNT OFPRICE REDUCTIONS REDUCTION IN ANY OTHERCONDUCTCREATING LIKELIHOOD OF CONFUSION OR OF MISUNDERSTANDING 11 ENGAGING AND WHICH MISLEADS DECEIVE DECEIVES OR OR IN CONNECTION WITH THE SALE OR MISLEAD DAMAGE BUYER DAMAGES COMPETITOR ADVERTISEMENT OF GOODS SERVICE GOODOR SERVICES OR 12 USING EMPLOYING FRAUDFALSEPRETENSEFALSEPROMISE DECEPTION MISREPRESENTATION OR KNOWINGLY OR OMITTINGMATERIAL FACTWITH INTENT THATOTHERS OTHER RELY CONCEALING SUPPRESSING UPON THE CONCEALMENT OR OMISSION IN CONNECTION WITH THE SALE OR ADVERTISEMENT OF SUPPRESSION GOODOR GOODS SERVICE WHETHER OR NOT SERVICES PERSON HAS IN FACTBEEN MISLED DECEIVED OR DAMAGED TO DELIVER TO THECUSTOMER AT THETIME OF AN INSTALLMENT SALEOF GOODS 13 FAILING GOODOR SERVICES SERVICE WRITTEN ORDER OR RECEIPT OUT THE NAME AND ADDRESS ADDRES OF THE SELLERAND THE NAME AND CONTRACT SETTING ADDRES OF THE ORGANIZATION ADDRESS THATTHESELLER AND ALLOFTHETERMS TERM AND CONDITIONS CONDITION OF THESALE REPRESENT REPRESENTS OF THE GOODS INCLUDINGDESCRIPTION GOOD OR SERVICES SERVICE WHICH SHALL BE STATED IN READABLE CLEARAND UNAMBIGUOU UNAMBIGUOUS LANGUAGE THATAN AGREEMENT CONFEROR INVOLVES CONFERS INVOLVE RIGHTS REMEDIE OR OBLIGATIONS WHICH 14 REPRESENTING RIGHTREMEDIES OBLIGATION IT DOES DOE NOT CONFEROR INVOLVE OR WHICH ARE PROHIBITED BY LAW STATEMENT STATEMENTS THE NEED FOR PARTS 15 KNOWINGLY MAKINGFALSE OR MISLEADING CONCERNING PART OR S ERVICE REPLACEMENT REPAIR THE AUTHORITY OF SALESMAN OR AGENT TO NEGOTIATE THE FINAL 16 MISREPRESENTING REPRESENTATIVE TERM OF CONSUMER TERMS TRANSACTION SEE AS 4550471 AS 4550561 FORTHE ALASKA CONSUMERPROTECTION COMPLETE ACT ACTS CONSUMER PROTECTIONCLE 255 IN WHOLEOR IN PARTON FORREPAIR 17 BASINGCHARGE THANON OR WARRANTY RATHER GUARANTY MADE OR WORK TO BE RMEDH ON THE ITEM WITHOUT STATING THE ACTUALVALUEOF THE ACTUALREPAIRS REPAIR FORTHE GUARANTY OR WARRANTYIF ANY THE CHARGES FORTHEWORKAND THE CHARGE CHARGE SEPARATELY BACK OR RESETTING THEODOMETEROF VEHICLETO REDUCETHENUMBER 18 DISCONNECTING TURNING OFMILES MILE INDICATED TO INDUCE CONSUMER TO ENTER SALE PLAN SALES OR ATTEMPTING BYINDUCING 19 USING CHAINREFERRAL OR OTHER CONSIDERATION INTO CONTRACTBY OFFERING REBATE DISCOUNT COMMISSION CONTINGENT UPON THE CONSUMER EITHER OR INFORMATION FUTURE ON THE CONDITION THAT THE HAPPENING OF SELL GIVES SELLS GIVE EVENT TO SALE BY THE SELLEROF THE SAME OR RELATEDGOODS OR ASSISTANCE FORTHE PURPOSE OF LEADING GOOD OF IN CHAIN DISTRIBUTOR OR TO SELL S CHEME RIGHT PARTICIPATION 20 SELLING OFFERING OR ADVERTISING WHICH HAS BEEN FROZEN MEAT FISHOR POULTRY F ALSELY REPRESENTING 21 SELLING AS FRESHFOOD WITH AS 45023 TO COMPLY 50 22 FAILING TO WITH AS 4545130 4545240 23 FAILING COMPLY SERVICE RELATING TO THE DISPOSITION OF OR ARRANGING FORFUTURESERVICES CONSULTING 24 COUNSELING LOT AND MARKERS LOTS CERTAIN NOT INCLUDING MARKER WILL CEMETERY BODYUPON DEATHWHEREBY PERSONAL PROPERTY UNLES UNLESS SERVICE OF FUNERAL SERVICES DIRECTOR OR LMER WILLBE FURNISHED BE FURNISHED OR THE PROFESSIONAL THEMONEY OR PROPERTY AND MONEY OR PROPERTY IS THEPERSONRECEIVING MONEY OR PROPERTY DEPOSIT DEPOSITS IN TRUST IN FINANCIALINSTITUTION WHOSE DEPOSITS ARE INSURED WITHIN FIVE DAYS DEPOSIT RECEIVED DAY OF ITS RECEIPT THEINSTITUTION A S THE TRUSTEE AS AN OFTHEFEDERAL SEPARATE GOVERNMENT DESIGNATING BY INSTRUMENTALITY ARE MADE WITH THAT TRUST IN THE NAME OFTHE PERSONON WHOSEBEHALFTHE ARRANGEMENTS PROVISION ONLY ARRANGEMENT THE OF MERCHANDISE OR SERVICE SERVICES THEMONEY OR PROPERTY BE T O PURCHASEDESIGNATED MAY ONLY APPLIED AND ANY ACCRUEDINTERESTNOT BE USED FORTHE PURPOSES AND SHOULD THE MONEY OR PROPERTY PURPOSE DEPOSITED ARE MADE ALL MONEY OR THE DEATH OF THE PERSON ON WHOSE BEHALFTHE ARRANGEMENTS ARRANGEMENT OF THATPERSONS IN THE TRUST SHALLBECOME PART PERSONESTATEUPON DEMAND BYTHE PERSON ON WHOSE PROPERTY INTENDED ON SHALL IN THETRUST INCLUDING ACCRUED BEHALFTHE ARRANGEMENTS ARE MADE ALLMONEY OR PROPERTY INTEREST ARRANGEMENT FEE DOE NOT PROHIBIT DOES THE CHARGING OF BE PAID TO THAT PERSON THIS THI PARAGRAPH SEPARATE FOR SERVICE IF THE FEE IS DISCLOSEDTO THEPERSON MAKINGTHE SERVICES OR ARRANGEMENT CONSULTATION COUNSELING UNDER THIS THI PARAGRAPH WHICH WOULD CONSTITUTE CONTRACT OF INSURANCE ARRANGEMENT ANY ARRANGEMENT TO THE PROVISIONS OFAS 21 UNDERAS 21 IS SUBJECT PROVISION PRODUCT TO COMPLY WITH THE TERMS TERM OF AS 4550800 4550850 ALASKAGASOLINE PRODUCTS 25 FAILING LEASING ACT TO MOBILE HOME WARRANTIES WARRANTIE AND MOBILE HOME TO COMPLY WITH AS 4530 26 FAILING RELATING PARK PARKS TO COMPLY WITH AS 1448060B13 27 FAILING WITH AS 0855 IN AID AND FAILING AIDS TO COMPLY 28 DEALING HEARING AS 45 45910A OR 29 VIOLATING T O W ITH AS 4550473 30 FAILING COMPLY THE PROVISIONS OFAS 4545400 31 VIOLATING PROVISION OF PIECE OF ART OR HANDICRAFT THAT WAS MADE BY 32 KNOWINGLY SELLINGREPRODUCTION IS LABELED AS IN THIS THI PARAGRAPH RESIDENTOFTHESTATE UNLESS UNLES THEREPRODUCTION CLEARLY REPRODUCTION IF THE COPY IS MEAN MEANS REPRODUCTION COPY OF AN ORIGINAL AS THE AND THESAME SUBSTANTIALLY ORIGINAL NOT MADE BY THEPERSONWHO MADE THEORIGINAL VEHICLE DEALERS AS 08660 10 0866090 DEALER MOTOR 33 VIOLATING 0866350 VEHICLE AS 0866200 MOTOR BUYER AGENTS BUYERS AGENT 34 VIOLATING AS 4550561 FORTHE SEE AS 4550471 PROTECTION ALASKA CONSUMER COMPLETE ACT ACTS CONSUMER PROTECTIONCLE 2001009 256 AS 4563 TELEPHONIC VIOLATING SOLICITATION SOLICITATIONS 35 36 37 38 AS 4568 CHARITABLE SOLICITATION SOLICITATIONS VIOLATING AS 50 VIOLATING ON BOARDPROMOTIONS PROMOTION TO DENTIST OR DENTAL THATHASPAIDOR WILL PAY FEEFORTHE REFERRING PERSON PRACTICE UNLES THE PERSONMAKINGTHEREFERRAL UNLESS DISCLOSEAT THE TIME THEREFERRAL DISCLOSES IS MADE THATTHEDENTIST REFERRAL OR DENTAL HAS PAIDOR WILL PAY FEEBASEDON THE REFERRAL PRACTICE THAT PERSON CAN RECEIVE REFERRAL TO DENTISTOR DENTAL PRACTICE WITHOUT 39 ADVERTISING WHICH THE IS REFERRED HAS IN THE THAT THEDENTIST O R DENTAL TO PRACTICE PERSON PAID DISCLOSING ADVERTISING TO WHICH THE PERSON IS OR WILL PAY FEEBASED ON THE REFERRAL IF IN FACTTHE DENTISTOR DENTAL PRACTICE REFERRED HAS PAIDOR WILL PAY FEEBASED ON THE REFERRAL AS 4550477A 40 VIOLATING TO WITH AS 4550475 41 FAILING COMPLY THE UNLAWFUL ACTS ACT AND PRACTICES LISTEDIN OF THIS THI SECTIONARE IN ADDITIONTO AND DO NOT PRACTICE LIMIT THETYPES ACTS AND PRACTICES ACTIONABLE AT COMMON LAW OR UNDEROTHERSTATE STATUTES STATUTE PRACTICE TYPE OFUNLAWFULACT 21 CH 166 SLA 1978 SEC 4550531 OF MONEY SUFFERAN ASCERTAINABLE LOS LOSS PERSON WHO SUFFERS PRIVATE AND CLASS CLAS ACTIONS ACTION DECLAREDUNLAWFULBY AS PRACTICE 4550471 ACT OR PRACTICE THREETIMES TIME THEACTUAL MAY BRING CIVIL ACTION TO RECOVER FOREACH UNLAWFUL OR WHICHEVER IS THE COURT OTHER RELIEF IT CONSIDER CONSIDERS DAMAGE 500 DAMAGES GREATER MAY PROVIDE NECESSARYAND IN THIS THI SUBSECTION THI SUBSECTION FROM PROPER NOTHING PREVENT PERSONWHO BRINGS PREVENTS BRINGAN ACTIONUNDER THIS OTHER REMEDIE REMEDIES AVAILABLE UNDER OTHER COMMON LAW PURSUING LAW INCLUDING CH 31 SLA 1987 OF AN ACTIONBROUGHT UNDER THIS THI SECTIONTHE CLERKOF THE COURT SHALL UPONCOMMENCEMENT MAIL COPY OF THE COMPLAINT OR OTHER INITIALPLEADING TO THEATTORNEY GENERAL AND UPON ENTRYOF AN ORDEROR JUDGMENT IN THE ACTIONSHALLMAIL OF THE ORDER OR TO COPY JUDGMENT THE ATTORNEY GENERAL CH 31 SLA 1987 OR FINALJUDGMENT WHOM AN ACTIONWAS PERMANENTINJUNCTION AGAINSTPERSON AGAINST INITIATEDUNDER AS 4550501 IS PRIMAFACIEEVIDENCE IN AN ACTION BROUGHT UNDER THIS THI SECTIONTHATTHE USED OR AN ACT OR DECLAREDUNLAWFUL AS 455047 PERSON EMPLOYED PRACTICE BY OR RESULTOF ANOTHERPERSONS PERSONACT AS PROPERTY OR THI SECTIONMORE THANTWO YEAR THE ACTIONUNDER THIS YEARS AFTER SHOULDHAVE DISCOVERED THATTHELOSS LOS RESULTED FROMAN ACT OR PRACTICE DISCOVERS OR REASONABLY PERSON DISCOVER PERSON MAY NOT COMMENCE AN DECLAREDUNLAWFUL BY AS 455047 CH 96 SLA 1998 IF THE BASIS BASI FORTHE ACTION IS THE FAULT OF THE MANUFACTUREROR THEMANUFACTURER OR WHO IS AT SUPPLIER OF THE MERCHANDISE SUPPLIER FAULTIS LIABLEFORTHE DAMAGES THERETAILER DAMAGEAWARDEDAGAINST UNDER THIS THI SECTION IF PERSONRECEIVES RECEIVE AN AWARD OFPUNITIVE OFTHIS THI SECTION THE COURT SHALL DAMAGEUNDER DAMAGES UNDER AS THAT 50 OF THE AWARD BE INTO THE FUND OF THE STATE DEPOSITED JENERAL REQUIRE PERCENT THI SUBSECTION THIS DOE NOT GRANT DOES THE STATE THE RIGHT TO FILEOR JOIN CIVILACTIONTO RECOVER PUNITIVE DAMAGE DAMAGES SEC 4550535 TO ANY PRIVATE RELIEF INJUNCTIVE TO BRING AN ACTIONUNDERAS 4550531 RIGHT OFTHIS THI SECTIONAND IN ADDITION OTHERLAW ANYPERSONWHO WAS THEVICTIM OF TO SUBJECT OR THE UNLAWFULACT WHETHER OR NOT THEPERSON SUFFERED ACTUALDAMAGES DAMAGEMAY SEE AS 4550471 AS 4550561 FORTHE ALASKA CONSUMERPROTECTION COMPLETE ACT ACTS CONSUMER PROTECTIONCLE 257 AN ACTIONTO OBTAIN BRING AN SELLER OR PROHIBITING INJUNCTION TO ENGAGEIN LESSOR FROM CONTINUING AN ACT OR DECLARED PRACTICE UNLAWFULUNDERAS 4550471 ACT OR AN ACTIONUNDER OFTHIS THI SECTIONUNLESS UNLES PERSONMAY NOT BRING WRITTEN NOTICETO THESELLEROR LESSOR WHO ENGAGED IN TNE UNLAWFUL THE PERSON FIRST PROVIDE PROVIDES SEEK AN THESELLER OR LESSOR I F THESELLER OR LESSOR THATTHEPERSONWILL INJUNCTION AGAINST PRACTICE FAIL TO PROMPTLY FAILS STOPTHE UNLAWFULACT OR AND PRACTICE THESELLER OR LESSOR FAIL TO PROMPTLY FAILS STOPTHEUNLAWFULACT OR THE AFTER PRACTICE RECEIVING NOTICE SEC 4550536 THE OTHER PROVISIONS NOTWITHSTANDING PROVISIONOF AS MEDIATION 4550471 MAY BE SUBMITTEDTO MEDIATION UNDER THE COURT ORDER ALASKA RULES RULE OF CIVIL PROCEDURE THE MEDIATION MUST BEGINWITHIN 30 DAYS DAY AFTERTHECOURTS CIVIL ACTIONUNDERAS 4550531 4550561 FORMEDIATION OR 4550535 MEDIATIONTHE COURT MAY IF IT IS DETERMINEDAPPROPRIATE BY THECOURTENJOIN DURING OR PRACTICE THATIS THESUBJECT OF THE CIVIL ACTION IN THE ACT THEDEFENDANTFROMENGAGING IN AN ACTION BROUGHT FEE COSTS COST AND DAMAGES ATTORNEYFEES DAMAGE BY PRIVATE SHALLBE AWARDEDCOSTS COST AS PROVIDED 4550561 BY PERSON UNDERAS 4550471 APREVAILING PLAINTIFF COURT RULEAND FULLREASONABLE ATTORNEY FEE AT THE PREVAILING FEES REASONABLE RATE UNLES THEACTIONIS FOUNDTO BE FRIVOLOUS UNLESS FRIVOLOUIN AN ACTIONBROUGHT BY PRIVATE PERSON UNDER AS 4550471 DEFENDANT SHALL BE AWARDED FEE FEES COST AS 4550561 ATTORNEY AND COSTS PREVAILING FEE TO BE AWARDEDTO THE FEES FRIVOLOUTHEATTORNEY PROVIDED BYCOURT RULE IF THE ACTIONIS FOUNDTO BE FRIVOLOUS SHALLBE FULLREASONABLE FEE FEES AT THE REASONABLE RATE DEFENDANT ATTORNEY PREVAILING THE OTHERPROVISIONS OFTHIS THI SECTIONIN AN ACTIONBROUGHT BY PRIVATE NOTWITHSTANDING PROVISION IF THE IS NOT THE AND IF THECOURT UNDER AS 1H 4550561 PLAINTIFF PREVAILING PARTY PERSON SEC 4550537 TO OBTAIN BUSINES ADVANTAGE BUSINESS THE BROUGHT BYTHE PLAINTIFF COMPETITIVE DEFENDANT COST COSTS AS COURT FULL REASONABLE FEE FEES RULE ATTORNEY PREVAILING PROVIDED BY DEFENDANTAS RESULT AT THE PREVAILING REASONABLE RATEAND ANY DAMAGES BYTHE PREVAILING DAMAGESUFFERED OF THE PLAINTIFFS PLAINTIFFALLEGATIONS ALLEGATION FIND THAT THE ACTION FINDS COURT WAS SHALLAWARD FRIVOLOU IN THIS THI SECTIONFRIVOLOUS NOT BASED REASONABLY ON MEAN MEANS EVIDENCE OR REVERSAL OF EXISTING LAW OR MODIFICATION TO HARAS HARASS THE DEFENDANT OR BROUGHT OR ON TO CAUSE LAW EXISTING OR ACT ACTS PROTECTIONCLE EXTENSION OR NEEDLES NEEDLESS EXPENSE UNNECESSARY DELAY SEE AS 4550471 AS 1H FORTHE ALASKA CONSUMERPROTECTION COMPLETE CONSUMER REASONABLE 258 AUTOMOBILE SEC 4545130 REPAIRACT AS 4545130 AS 4545240 REPAIRORDER OF REPAIRS UPONREQUESTOF THECUSTOMER AND BEFORETHE COMMENCEMENT REPAIRTHE SHOPSHALLPROVIDE THE CUSTOMER WITH ORDER LEGIBLY THE REPAIRS COPY OF DATED REPAIR DESCRIBING REPAIRTO BE PERFORMED OF THE CUSTOMERS THE SHOP SHALLRECORD THE ODOMETER READING CUSTOMER MOTOR VEHICLE ON THE REPAIR ORDER AND SHALL SIGNTHE CUSTOMERS CUSTOMER COPY REPAIRPRICEINFORMATION SEC 4545140 OF REPAIRS UPONREQUESTOF THE CUSTOMER AND BEFORE THE COMMENCEMENT REPAIRTHE SHOPSHALL PROVIDE ESTIMATEFOR THE THE THE CUSTOMER WITH PRICE REPAIR REPAIRS REPAIR PRICEESTIMATESHALL BE MADE IN FAITH BY THE SHOP AND MAY NOT BE EXCEEDED EXCEPT FORGOOD CAUSE AND ADDITIONALCHARGES GOOD CHARGE OVER THE PRICE ESTIMATEMAY NOT BE INCURREDWITHOUTAPPROVAL OF THE CUSTOMER NOTHING IN THIS THI SECTIONMAY BE CONSTRUED AS REQUIRING TO PROVIDEPRICE ESTIMATEIF THE SHOPDOES DOE NOT SHOP THE TO AGREE PERFORM REQUESTED REPAIR REPAIRS NOTICE TO CUSTOMER SEC 4545150 THE SHALLPOST CONSPICUOUSLY LOCATEDAND EASILY READABLE SIGNTHATSTATES STATE SHOP ARE ENTITLEDTO ESTIMATEFOR THE AUTHORIZE IF THE ESTIMATE PRICE REPAIRYOU REPAIRS YOU REQUEST BEFORETHE REPAIRS THI PRICE ESTIMATEWILL NOT BE EXCEEDED IF THE MOTOR VEHICLEIS REPAIRARE BEGUN THIS DELIVEREDTO THE SHOP WITHIN FIVE DAYS AFTER THE MOTOR VEHICLEIS DELIVEREDTO THE SHOP THE REPAIR DAY LES THAN THE ESTIMATEBUT WILL NOT EXCEEDTHE ESTIMATEWITHOUTYOUR PERMISSION PRICE MAY BE LESS YOUR SIGNATURE ON THE REPAIR ORDER WILL INDICATE YOUR AUTHORIZATION OF REPAIRS REPAIRAT THE PRICE YOU ESTIMATED YOU ARE ENTITLED TO THE RETURN OF ANY OR ALL REPLACED PART EXCEPTPARTS PARTS PART WHICH MUST BE RETURNEDTO MANUFACTURER BECAUSEOF WARRANTY ANDOR EXCHANGE IF YOU REQUEST THE PARTS AGREEMENT PART AT THE TIME YOUR ORDERIS TAKEN THOSE PARTS WILL BE MADE PART WHICH MUST BE RETURNEDTO THE MANUFACTURER AVAILABLE FORINSPECTION TO YOU WHEN YOU PICKUP THE PARTS YOUR VEHICLEIF YOU REQUEST PART AT THE TIME ORDERIS TAKEN YOURREPAIR SEC 4545160 CHARGES CHARGE FORMAKING REPAIR ESTIMATEUNLESS UNLES BEFORE MAKINGTHE ESTIMATETHE CHARGE PRICE SHOP MAY DISCLOSE TO THE CUSTOMER THE AMOUNT OF THE CHARGE OR IF THE AMOUNT CANNOT BE DETERMINED SHOPDISCLOSES THEBASIS BASI ON WHICH THECHARGE WILL BE CALCULATED SHOP OR THREATEN TO IMPOSE MAY NOT IMPOSE THATIS EXCESSIVE IN RELATIONTO THE WORK INVOLVED IN MAKINGTHE PRICE ESTIMATE CHARGE CLEARLY NOT SEC 4545170 AUTHORIZATION IF THE TO WITH REPAIRS PROCEED REPAIR HAS GIVEN THE CUSTOMER SHOP AN ESTIMATE AND THE PRICE FORTHE AUTHORIZED REPAIR REPAIRS WILL EXCEEDTHE ESTIMATE THESHOP SHALLCALLTHECUSTOMER BEFORECONTINUING WITH THEREPAIRS AND REPAIR SHALLPROVIDE THE CUSTOMER WITH NEW FAITH ESTIMATEOF THE REPAIR GOOD PRICE THE SHOPMAY NOT THENCONTINUEWITH THE REPAIRS RECEIVE THE CUSTOMERS CUSTOMER WRITTENOR ORALAUTHORIZATION TO DO REPAIRUNTILIT RECEIVES SO BEFORE AUTHORIZEDBY THE CUSTOMER UNDERTAKING REPAIROTHERTHAN THOSE PREVIOUSLY REPAIRS THESHOP SHALLCALLTHE CUSTOMER AND PROVIDE DESCRIBETO THE CUSTOMER WITH ADDITIONALREPAIRS WITH PROPOSED REPAIRTOGETHER CONSUMER PROTECTIONCLE OF THE DESCRIPTION FAITHESTIMATEOF THE PRICE FORTHEREPAIRS GOOD REPAIR THE 259 SHOPMAY THENUNDERTAKE THE ADDITIONALREPAIRS UNTILIT RECEIVES RECEIVE THECUSTOMERS CUSTOMER WRITTENOR ORAL REPAIR NOT TO DO SO AUTHORIZATION DOE NOT RECEIVETHE CUSTOMERS CUSTOMER AUTHORIZATION TO PROCEED WITH THE REPAIRS SHOPDOES REPAIR OR OFTHIS THI SECTION THE SHOPSHALLEITHERAGREETO PERFORM THEREPAIRS UNDER REPAIRAT THE ORIGINAL OR PROVIDE FORTHE CUSTOMER TO RETAKE POSSESSION OF THE VEHICLE IN AT LEASTAS GOOD ESTIMATED PRICE IF THE CONDITIONAS IT WAS THECUSTOMER ACCORDINGLY DELIVEREDTO THESHOP AND NOTIFY WRITTEN AUTHORIZATION UNDER OF THIS THI SECTIONSHALL BE MADE REPAIR ORDER IS NOT REQUESTED AND SHALL SPECIFY REPAIR NEWLYAUTHORIZED OR OF AUTHORIZEDREPAIR ESTIMATE IF AUTHORIZATION UNDER REPAIRAS WELL AS THE NEWLY REPAIRS PRICE THI SECTIONIS RECEIVED ORALLY THIS THE SHOPSHALL SPECIFY ON THE REPAIR ORDEROR INVOICE NEWLY AUTHORIZED REPAIRS AS WELL AS THE AUTHORIZED ESTIMATE IT SHALLALSO SPECIFY THE REPAIR NEWLY REPAIR PRICE AND THE PERSON AND TELEPHONE NUMBER CALLED DATE AND TIME OF AUTHORIZATION ORDEROR OR ON THE THE INVOICE WHEN ON RETURN OF PARTS PART SEC 4545180 REPLACED BY THE SHOPSHALL BE RETURNEDTO THE CUSTOMER IF THEY ARE REQUESTED ORDERIS TAKEN HOWEVER BY THE CUSTOMER AT THE TIME THE REPAIR THAT MUST BE RETURNED TO THE MANUFACTURER BECAUSE OF OR EXCHANGE PART PARTS WARRANTY AGREEMENT PART FROM PARTS CUSTOMER MOTOR CUSTOMERS VEHICLE THAT ARE NEED NOT BE RETURNED TO THE CUSTOMER UPON REQUEST BUT SHALLINSTEADBE MADE AVAILABLEFORTHE CUSTOMER INSPECTION CUSTOMERS WHEN THE CUSTOMER RETAKES RETAKE POSSESSION OF THE MOTOR VEHICLE SEC 4545190 INVOICE RETAKE POSSESSION OF THE MOTOR SHOPSHALLPROVIDE EVERY CUSTOMERAT THE TIME THE CUSTOMER RETAKES OF DATED INVOICE THE COST COSTS OF ALL AND LABOR INVOLVED IN THE WITH VEHICLE COPY DETAILING PART PARTS AND IDENTIFYING ALLPARTS AS BEING EITHERNEW USEDREBUILT OR RECONDITIONED REPAIR PARTREPLACEMENTS REPLACEMENT THE PROHIBITED SEC 4545200 PRACTICES PRACTICE OR BY IMPLICATION MISREPRESENT DIRECTLY OF REPAIRS REPAIRAUTHORIZEDBYTHECUSTOMER MAY NOT SHOP THE COST THE TERMS TERM OR OR SERVICEAGREEMENT CONDITION OF WARRANTY CONDITIONS THATREPAIRS REPAIRARE NECESSARY THATREPAIRS REPAIRHAVE BEEN MADE OR THAT THE MOTOR VEHICLEIS IN USE DANGEROU DANGEROUS CONDITIONOR THAT THE CUSTOMERS CUSTOMER CONTINUED OF THE MOTOR VEHICLEWILL BE HAZARDOUS HAZARDOU TO PERSONS PERSON OR HARMFULTO THE MOTOR VEHICLE SHOPMAY NOT COLLECTOR ATTEMPTTO COLLECTFOR OR IN WRITING REPAIRNOT AUTHORIZEDEITHERORALLY REPAIRS BY THE CUSTOMER TO HAVE KNOWN TO BE REPAIRWHICH THE SHOPKNEW OR REASONABLY REPAIRS OUGHT THATHAVE NOT BEEN MADE REPAIR REPAIRS THATIS SHOP REPAIR MOTOR ALSO WARRANTOROR VEHICLE IN ACCORDANCE WITH THE PARTYTO TERM TERMS UNNECESSARY OR SERVICEAGREEMENT MAY NOT REFUSETO AND CONDITIONS CONDITION OF THE OR WARRANTY SERVICE AGREEMENT SHOPMAY NOT FAIL TO RETURN CUSTOMER MOTOR VEHICLE BECAUSE THE CUSTOMER CUSTOMERS HAS REFUSEDTO PAY FOR UNAUTHORIZEDREPAIRS REPAIROR BECAUSE THE CUSTOMER HAS REFUSEDTO PAY REPAIR IN OF THE AUTHORIZED UNDERAS 4545130 EXCES EXCESS 4545140 IF THE CUSTOMER PAY CHARGE CHARGES PRICE PAYS THE AUTHORIZED FORTHEAUTHORIZEDREPAIRS PRICE REPAIR SHOPMAY REQUIRING REPAIR REPAIRS CONSUMER NOT ALTER CUSTOMERS CUSTOMER MOTOR VEHICLE WITH INTENTTO PROTECTIONCLE 260 CREATE CONDITION SEC 45452 10 DISCLOSUREOF REGULATION EITHERON THEINVOICE OR ON ANOTHERFORM CONSPICUOUSLY PRINTED TO EVERY CUSTOMER FORWHOM THE SHOP PERFORM PERFORMS REPAIR REPAIRS GIVEN VEHICLE TRADE ARE STATUTE 4545130 MOTOR 4545240 REPAIR PRACTICE REGULATED PRACTICES BY ALASKA STATUTES ALASKA OF LAW ADMINISTEREDBY THE CONSUMER SECTION PROTECTION DEPARTMENT THE STATEMENT FOLLOWING SEC 4545220 SHALLBE RECORD RECORDS RECORDSAND INVOICES RECORD INVOICE FORPARTS SHOPSHALL MAINTAIN REPAIR PART PURCHASED BY THE SHOP THE RECORD RECORDS SHALLBE AVAILABLE FORREASONABLE INSPECTION OR OTHERPERSONS AT THE BY THE ATTORNEY GENERAL PERSON ACTING OFTHEATTORNEY AND REQUEST GENERAL SHALLBE RETAINEDFORAT LEASTTWO YEARS YEAR DEFINITION DEFINITIONS SEC 4545240 130H 4545240 CUSTOMER INCLUDE INCLUDES PERSON AUTHORIZED BY THE CUSTOMER TO ACT ON THE CUSTOMERS CUSTOMER BEHALF MOTOR VEHICLE OR VEHICLE MOTOR MEAN MEANS VEHICLEAS DEFINEDIN AS 2840100 THAT IS TO BE REGISTERED UNDER AS 2810 OR WITH REQUIRED GOVERNMENTAL AGENCY OF ANOTHERJURISDICTION S IMILAR FUNCTION PERFORMING MOTOR VEHICLE REPAIR MEAN AN INDIVIDUALCORPORATION SHOPOR SHOP MEANS PARTNERSHIP OR OTHERFORMOFBUSINESS BUSINES ORGANIZATION IN THE MOTOR VEHICLEREPAIR BUSINES AND INCLUDES BUSINESS INCLUDE ENGAGED BUT EXCLUDES EXCLUDE THE FOLLOWING OWNER OWNERS OFFICERDIRECTORS OFFICERS DIRECTORAGENTS AGENT EMPLOYEES EMPLOYEEAND REPRESENTATIVES REPRESENTATIVE IN THE BUSINES BUSINESS OF THE MOTOR VEHICLE OF VEHICLES SHOPENGAGED SOLELY REPAIRING SINGLE OR GOVERNMENTAL OR OF TWO OR MORE OF THESE ESTABLISHMENTS ESTABLISHMENT COMMERCIAL INDUSTRIAL ESTABLISHMENT THATARE RELATEDBY COMMON OR CORPORATION AFFILIATION OWNERSHIP THEPERSONS MEMBER MOTOR VEHICLE MEMBERS PERSON REPAIRING PERSONOWN OR FAMILY OR MEAN MEANS THE REPAIR REPAIRS REPAIR ADJUSTMENT EXAMINATION IMPROVEMENT REPLACEMENT OF ANY COMPONENT OR PART OF MOTOR DIAGNOSIMAINTENANCE DIAGNOSIS SERVICING REMOVALOR INSTALLATION BUT DOE DOES NOT INCLUDE O R THE OF MOTOR FUEL TO MOTOR VEHICLE VEHICLE TOWING SUPPLYING MOTOR HIC SEC 4545300 IF NEW OWNER WARRANTIE ACT WARRANTIES AS 4545300 REPAIR REQUIRED REPAIRS MOTOR VEHICLE DOES DOE CONFORMTO NOT OF THE VEHICLE REPORTS REPORTTHE DEFECTOR THAT IS APPLICABLE TO IT AND THE EXPRESS WARRANTY EXPRES CONDITIONTO THE MANUFACTURER OF THE VEHICLE OR TO THE AN MANUFACTURER OR DISTRIBUTORS MANUFACTURERS DISTRIBUTOR DEALERDURINGTHE OR DISTRIBUTOR DEALER REPAIRING AGENTSHALLMAKE THEEXPRESS EXPRES WARRANTY SEC 4545305 IF OF THE TERM WARRANTYTHE MANUFACTURER THE NECESSARY REPAIRS REPAIRTO CONFORM THE VEHICLE TO OR REFUND REPLACEMENT THE TERM DURING MOTOR AS 4545360 OF THE EXPRESS OR WITHIN EXPRES WARRANTY ONE YEAR FROM THE DATE OF OF DELIVERY THE VEHICLE TO THE WHICHEVER PERIODTERMINATES TERMINATE FIRSTTHE MANUFACTURER OWNER ORIGINAL REPAIRING AGENTIS UNABLE TO CONFORM THE MOTOR VEHICLE TO AN APPLICABLE DISTRIBUTOR DEALEROR AFTER REASONABLE NUMBER OF ATTEMPTS OR DISTRIBUTOR SHALL EXPRES WARRANTY EXPRESS ATTEMPT THE MANUFACTURER THE RETURNOF THE NONCONFORMING MOTOR VEHICLEAND AT THE OWNERS OWNER OPTIONSHALLREPLACE ACCEPT THENONCONFORMING VEHICLEWITH TO THEOWNER NEW SHALLREFUNDTHEFULLPURCHASE PRICE LES LESS REASONABLE ALLOWANCEFORTHE USE OF THE MOTOR VEHICLE FROMTHE TIME IT REFUNDUNDERTHIS THI SECTION SHALLBE MADE TO DELIVEREDTO THE ORIGINAL OWNER IF ANY AND THEOWNER RECORD CONSUMER VEHICLEOR COMPARABLE AS THEIRINTERESTS INTERESTMAY APPEAR PROTECTIONCLE 261 WAS LIEN HOLDEROF SEC 4545310 NOTICE BY OWNER THE OWNER SHALLGIVEWRITTEN UNDER AS 4545305 REPLACEMENT NOTICEBY CERTIFIEDMAIL TO THEMANUFACTURER AND ITS DEALER OR REPAIRING AGENTAT ANY TIME BEFORE HAVE AFTER THE OFTHE OR THE AFTERTHE 60 DAYS ONEYEAR PERIOD DAY ELAPSED EXPIRATION EXPRESS EXPRES WARRANTY IN ORDERTO CLAIM REFUND OR DATE OF DELIVERY OF THE MOTOR VEHICLE TO THE ORIGINAL OWNER WHICHEVER TERMINATE FIRST TERMINATES PERIOD OF THE THATTHE VEHICLE HAS STATING NONCONFORMITY PROVIDINGREASONABLEDESCRIPTION THATTHEMANUFACTURER OR REPAIRING DISTRIBUTOR DEALER AGENTHAS MADE NONCONFORMITYSTATING DEMAND DEMANDS REASONABLENUMBER OF ATTEMPTS THAT THE OWNER ATTEMPT TO CONFORMTHE VEHICLEAND STATING REFUNDOR REPLACEMENT VEHICLE TO BE DELIVEREDON THE 60TH DAYAFTERTHE MAILINGOF THE WRITTEN THE NOTICEREQUIRED THI SECTIONTHE MANUFACTURER DAYSAFTERRECEIVING DAY BY THIS MAY THE VEHICLE BEFORE REFUND OR IS MADE UNDER AS TO CONFORM ATTEMPT REPLACEMENT NOTICE WITHIN 30 MAKE FMAL 4545305 SEC 4545315 AN EXCEPTION EXCEPTIONS MAY NOT RECEIVE OWNER REFUND OR UNDER AS REPLACEMENT 4545300 IF THE 4545360 MANUFACTURER OR DISTRIBUTOR SHOWSTHATTHENONCONFORMITY SHOW OF COMPLAINED DOE NOT DOES SUBSTANTIALLY IMPAIREITHERTHE USE OR THE MARKET VALUE OF THE MOTOR VEHICLE OR IS THERESULT OF ALTERATION OF THE MOTOR VEHICLE BY THE OWNER OR PERSON OTHER THAN DEALER OR THAT IS NOT AUTHORIZED OR DISTRIBUTOR OR BYTHEMANUFACTURER REPAIRING AGENT ABUSE OR NEGLECT THE OWNER OR OTHER THAN THE DEALER OR REPAIRING AGENT BY PERSON PRESUMPTION SEC 4545320 THAT PRESUMPTION UNDERAN REASONABLE NUMBER OF ATTEMPTS ATTEMPTHAVE BEEN MADE TO CONFORM MOTOR VEHICLE IS ESTABLISHED IF APPLICABLE EXPRES WARRANTY EXPRESS HAS BEEN SUBJECT TO REPAIR THREE OR MORE TIME TIMES NONCONFORMITY BY THE OR T HE TERM OF THE OR DEALER REPAIRING MANUFACTURER DISTRIBUTOR AGENTDURING EXPRES WARRANTY EXPRESS THE ONEYEAR PERIOD AFTERDELIVERY OFTHE MOTOR VEHICLETO THE ORIGINAL OWNER WHICHEVERPERIOD TERMINATE FIRSTBUT THE NONCONFORMITY TERMINATES CONTINUE TO EXISTOR CONTINUES THE VEHICLEIS OUT OF SERVICEFORREPAIR FOR TOTALOF 30 OR MORE BUSINESS BUSINES DAYS DAY DURING THE EXPRESS TERM OR THE REFERRED TO IN OF THI THIS SECTIONWHICHEVER EXPRES WARRANTY ONEYEAR PERIOD TERMINATE FIRST TERMINATES OF TIME THATREPAIRS ARE NOT PERFORMED THAT ARE FORREASONS REASON PERIOD ANY PERIOD REPAIR THE CONTROL OF THE OR IS EXCLUDEDFROM MANUFACTURER DISTRIBUTOR DEALER REPAIRING BEYOND AGENT THE 30DAY TIME PERIOD REFERRED TO IN THIS THI PARAGRAPH THE SEC 4545325 SAME PART PARTS AVAILABILITY MANUFACTURER WHOSEVEHICLES VEHICLE ARE SOLDIN THE STATE THROUGH AN AUTHORIZED DEALER SHALL PROVIDE ITS DEALER OR REPAIRING AGENTWITH UNDERAN EXPRESS AS EXPRES WARRANTY ANY IF THE PART IS NOT IN THE DEALERS DEALER OR THE DEALER OR SEC 4545330 PARTNECESSARY TO MAKE OF REPAIR COVERED NONCONFORMITY WITHOUTADDITIONALCHARGE FORFREIGHT OR HANDLING POSSIBLE WHEN THE NONCONFORMING VEHICLE IS BROUGHT TO AGENTINVENTORY AGENTS SOON AS REPAIRING AGENTFORREPAIR FAILURE TO OR REFUND REPLACE MANUFACTURER OR DISTRIBUTOR WHO FAILS FAIL TO REFUND THE FULL PURCHASE PRICEOF THEMOTOR VEHICLEWHEN THEREIS REQUIREMENT TO DO SO REPLACE UNDERAS 4545300 IS PRESUMED TO HAVE COMMITTED AN UNFAIRTRADEPRACTICE UNDERAS 4550471 CONSUMER LE PROTECTIONCLE MOTOR 262 VEHICLE OR 4545360 RESALE WITHOUT DISCLOSURE PROHIBITED SEC 4545335 45453 05 MAY NOT BE RESOLDBY THE MANUFACTUREROR FOR THE RETURN IS MADE TO THE IN THE STATE UNLES UNLESS FULL DISCLOSURE OF THE REASON DISTRIBUTOR BEFORETHERESALEIS CONCLUDED PROSPECTIVE BUYER MOTOR VEHICLE RETURNEDUNDER AS OTHER SEC 4545340 THE OFAS PROVISION PROVISIONS AVAILABLE TO THE CREATE NEW REMEDIE REMEDIES 4545360 4545300 OF OWNER CAUSE AND RIGHTS RIGHT DO NOT LIMIT OTHERRIGHTS REMEDIE THATMAY BE RIGHTAND REMEDIES VEHICLE UNDER OTHER PROVISIONS OF LAW THIS THI SECTION DOES DOE NOT PROVISION MOTOR OF ACTIONAGAINSTDEALER OR MOTOR VEHICLE FOUND TO BE SELL OR ATTEMPT TO REPAIR AGENTWHO SELLS ATTEMPTS REPAIRING UNDER AS NONCONFORMING 45 45360 4545300 FACILITIE REPAIRFACILITIES SEC 4545345 MANUFACTURER OR DISTRIBUTOROR MOTOR VEHICLE WHO AUTHORIZES VEHICLES AUTHORIZE THESALEOF THE MANUFACTURERS MANUFACTUREROR AUTHORIZEDDEALERSHIP FACILITIE WITHIN THE FACILITIES VEHICLE IN THE STATE SHALLMAINTAIN DISTRIBUTOR MOTOR VEHICLES DISTRIBUTORS STATE THAT ARE ABLE TO AND EXPRES WARRANTY EXPRESS SEC 4545350 THE SERVICEAND MAKE PERFORM BYAS 4545300 REIMBURSEMENT OF REPAIRREQUIRED REPAIRS BY THE THE MANUFACTURERS MANUFACTURER 4545360 COST COSTS SHIPPING MANUFACTURER OR DISTRIBUTOR WHO ACCEPT THE RETURN OF NONCONFORMING MOTOR VEHICLE UNDER ACCEPTS SHALLREIMBURSETHE OWNER FORANY REASONABLE COST INCURRED IN SHIPPING THE VEHICLE AS 4545305 AND FROM THE TO AUTHORIZEDFACILITY FORWARRANTY SERVICEAND NEAREST OF REPAIR NONCONFORMITY THATCAUSES CAUSE THE RETURN OF THE VEHICLE SEC 4545355 IF ARBITRATION OR MEDIATION MANUFACTURER OR DISTRIBUTOR HAS ESTABLISHED AN INFORMAL SUBSTANTIALLY COMPLIEWITH COMPLIES IF THE MANUFACTURER OR OR THE REQUIREMENTS OF 16 CFR REQUIREMENT SETTLEMENT PROCEDURE THAT DISPUTE 703 AS THAT SECTIONMAY BE AFTERRECEIPT OF NOTICE REQUIRED DISTRIBUTOR BY AS 45453 AMENDED OFFERS IN 10 OFFER OR TO PARTICIPATE IN AN ARBITRATION OR MEDIATION PROCESS PROCES WITH THE OWNER AND THE ARBITRATION WRITING ON THE MANUFACTURER OR DISTRIBUTORBUT NOT ON THE OWNER AND IF THE MEDIATION DECISION IS BINDING THE INFORMAL DISPUTE SETTLEMENT OR ARBITRATION OR MEDIATION PROCESS PROCES IS APPROVED BY ATTORNEY 4545305 REFUND OR OR AS 4545350 THE OF AS GENERAL PROVISIONS PROVISION CONCERNING REPLACEMENT COST DO NOT APPLY COSTS TO AN OWNER WHO HAS NOT FIRSTRESORTED TO THE INFORMAL CONCERNING SHIPPING OR MEDIATION SETTLEMENT OR ARBITRATION DISPUTE PROCEDURE PROCES PROCESS SEC 4545360 DEFINITION DEFINITIONS IN AS 4545300 4545360 DEALER PERSON WHO HAS OBTAINED MEAN MEANS FRANCHISE VEHICLEMANUFACTURERTO ENGAGE IN THE RETAIL SALE AND AE MOTOR VEHICLES VEHICLE IN THE STATE MOTOR NEW DISTRIBUTOR PERSON WHO IS AUTHORIZED BY MEAN MEANS DISTRIBUTION OFTHE MANUFACTURERS MANUFACTURERNEW WHOLESALE MOTOR WARRANTY WARRANTY EXPRESS EXPRES AN OR OF MANUFACTURER FULL NEW MOTOR MANUFACTURER MANUFACTURER TO ENGAGE IN THE EXPRESSWRITTENWARRANTY EXPRES PROVIDED BY THE THETOTALPRICE PAIDFOR MOTOR VEHICLE BYTHE IH ORIGINAL FEESTRANSPORTATION FEE ORIGINAL REGISTRATION DEALERINSTALLED OPTION OPTIONS TRANSFORM RAW PERSON WHO BY LABOR TRANSFORMS VEHICLE FORWHOLESALE OR RETAIL SALE COMPONENT PART INTOMOTOR VEHICLES PARTS CONSUMER BY VEHICLE IN THESTATE VEHICLES ADDED TO THE RETAILPRICE SUCH AS AND FEE DEALERPREPARATION FEES IS AUTHORIZED OF THE MANUFACTURERS MANUFACTURER REPAIR VEHICLE MEAN PURCHASE PRICEMEANS COST COSTS OWNER INCLUDING MEANS MEAN FROM OR MEAN MEANS PROTECTIONCLE 263 MATERIAL AND MATERIALS MOTOR VEHICLE OR VEHICLE MEAN MEANS LANDVEHICLEHAVING FOUROR USED FORPERSONAL FAMILYOR BY MOTOR IS NORMALLY SELFPROPELLED DOE NOT INCLUDE TO BE REGISTERED UNDER AS 2810 BUT DOES REQUIRED FOROFFROADUSE VEHICLEDESIGNED PRIMARILY MEAN MEANS NONCONFORMITY DEFECT OR CONDITION IN MORE WHEELSTHATIS WHEEL HOUSEHOLDPURPOSES PURPOSE AND IS TRACTORFARM VEHICLE OR MOTOR VEHICLE CAUSED BY IMPAIR THE USE IMPAIRS 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MEAN THAT SUBSTANTIALLY NONCONFORMITY IMPAIR THE MARKET VALUE MEANS IMPAIRS 11 SUBSTANTIALLY TO THE DOLLAR VALUE OF VEHICLE TO THE OWNER WHEN COMPARED DECREASE THE DOLLAR VALUE OF DECREASES DOE NOT HAVE THENONCONFORMITY SIMILAR VEHICLETHAT DOES MEAN THAT PREVENTS NONCONFORMITY PREVENT MOTOR VEHICLE IMPAIRTHE USE MEANS IMPAIRS 12 SUBSTANTIALLY TO OR MAKES MAKE THE VEHICLE UNSAFE OPERATE FROM BEINGOPERATED EMISSION ACT USED VEHICLE EMISSIONS AS 4545400 VEHICLE PROHIBITED TRANSFEROF USED MOTOR VEHICLES OR OF USED MOTOR VEHICLES VEHICLE MAY NOT TRANSFER IN THE BUSINESS BUSINES SELLING PERSON ENGAGED RESIDE IN AN AREA SUBJECT TO THE OWNERS OWNER TITLEOR INTERESTIN THE USED VEHICLETO PERSON WHO RESIDES ASSIGN AND 4614400 OR 4614510 ESTABLISHED UNDER AS EMISSION INSPECTION PROGRAM SEC 4545400 STATEAPPROVED WHO INTENDS INTEND TO USE UNLES THE VEHICLE HAS THE VEHICLE IN THAT AREA UNLESS CERTIFICATEOF OR COMPLIANCE IN THATAREA CONTROL AS REQUIRED UNDERTHEAIRPOLLUTION APPLICABLE REQUIREMENT REQUIREMENTS NONCOMPLIANCE DID NOT HAVE MOTOR VEHICLETHAT WHEN MANUFACTURED DOE NOT APPLY TO THI SECTIONDOES THIS CONTROLSYSTEM POLLUTION CONSUMER PROTECTIONCLE 264 STATEOFALASKA OFLAW DEPARTMENT OFFICEOFTHE ATTORNEY GENERAL CONSUMERPACKET INCLUDED IN THIS THI CONSUMER PACKETYOU WILL FIND THE FOLLOWING LETTER THE ROLEOFTHE OFFICE OFTHE ATTORNEY GENERAL IN EXPLAINING RESOLVINGCONSUMER MATTER COVER INFORMATION ON HOW TO HANDLE YOUR OWN AND COMPLAINT SAMPLECOMPLAINT LETTER INFORMATIONPUBLISHED BUSINES BUREAU OF ALASKA BYTHE BETTERBUSINESS BBB THEIR COMPLAINT REGARDING PROCEDURE STATE OFALASKA CONSUMER RELEVANTCONSUMER PLEASE VISIT THE ALASKA FORM COMPLAINT AND LAW PROTECTION OF LAWS LAW DEPARTMENT CONSUMER PROTECTIONWEBSITE AT HTTPWWWIAWSTATEAKUSCONSUMER CONSUMER PROTECTIONCLE 265 STATE OF DEPARTMENT OFFICE OF THE ALASKA OF ATTORNEY LAW GENERAL DEAR ALASKA CONSUMER CONCERN CONCERNS THANK YOU FORYOUR RECENT COMMUNICATIONEXPRESSING IS INFORMATIONON CONSUMER RESOLVING COMPLAINT INCLUDINGSTATE ABOUT CONSUMER ALASKA CONSUMER ISSUE ENCLOSED FORM COMPLAINT CITIZEN TO SEND US INFORMATION WHICH YOU ARE WELCOME TO FILLOUT AND RETURN TO OUR OFFICE WE ENCOURAGE CITIZENS BUSINES PRACTICES BUSINESS BECAUSE IT HELPS AREA AREAS OF CONCERN AND ENFORCEMENT ABOUT UNFAIR OR DECEPTIVE PRACTICE HELPUS IDENTIFY DUE TO DOE NOT MEDIATE INDIVIDUAL LACK OF FUNDINGOUR OFFICEDOES CONSUMER COMPLAINTTHEREFOREIF COMPLAINTS WE REQUEST THATYOU CONTACT THEBUSINESS BUSINES YOUR COMPLAINT IS FOR REDRESS REDRES TO YOUR COMPLAINT LOOKING TO RESOLVE WITHTHE BUSINESS BUSINES ON YOUR OWN PRIOR TO FILING AND MAKE EVETY ATTEMPT YOUR YOUR COMPLAINT AGAINST INFORMATION ON HOW TO HANDLE OWN WITH THE GENERAL GENERALS OFFICE COMPLAINT ATTORNEY EFFECTIVELY YOUR COMPLAINT CONCERN WITH THE COMPANY OR COMPANIES IS ENCLOSED IF YOU HAVE ALREADY TRIEDTO RESOLVEYOUR CONCERNS DIRECTLY COMPANIE BUSINES BUREAU OFALASKA BBB FORASSISTANCE THE BBB INVOLVEDYOU MAY WISH TO CONTACT THEBETTER BUSINESS THE MEDIATION AND 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AFFECTTHEPUBLIC AFFECTS OFUNFAIROR DECEPTIVE INTEREST PRACTICE PRACTICES COMPLAINT SUPPORT PATTERN SUPPORTS OR LITIGATION IT MAY BE INCLUDED IN FUTUREINVESTIGATIONS INVESTIGATION THE ACT AS FOR YOU OR PROVIDE ADVICE TO PRIVATE GENERALIMO ATTORNEY LEGAL ATTORNEY PRIVATE FURTHER AND IF WOULDLIKE TO LEGAL RIGHTYOU HAVE RIGHTS PURSUEYOUR COMPLAINT PRESERVEANY PRIVATE PARTIE YOU PARTIES REFERRAL WE SUGGEST THATYOU CONSULT PRIVATE THE NUMBER FORTHE ALASKA BAR ASSOCIATIONATTORNEY ATTORNEY 7709999 AREA CONSUMER CONSUMERS LINE FORTHE ANCHORAGE AREA IS 907 2720352 AND 800 OUTSIDE THE ANCHORAGE THE THEIR ACT AND CAN RECOVER UP TO TRIPLE OFACTIONUNDERTHE ALASKA CONSUMERPROTECLION PRIVATE RIGHT ADDED FEE FEES AS U NDER ACTUALDAMAGES PROVISION RECENTLY TO ATTORNEY PREVAILING PARTY FURTHER DAMAGEAND FULLATTORNEYS THE CONTINUATION OF RELIEF PROHIBITING THE CONSUMER PROTECTION ACT CONSUMERS CONSUMER MAY ALSOOBTAIN INJUNCTIVE HAVE CONDUCTDECLARED UNLAWFULUNDERTHE ACT ACT RELEVANT SECTIONS SECTION OF THE 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PREFERABLE INSTRUCTION INSTRUCTIONS ON HOW TO DO SO IF HAVE EXHAUSTEDYOUR ARE GENERAL OFFICE THE FOLLOWING GENERALS YOU ATTORNEY WISH TO CONTACT THEBETTER BUSINES BUSINESS BUREAU FOR WITHOUTSUCCESS EFFORTTO RESOLVETHE PROBLEM EFFORTS SUCCES YOU MAY IT IS ASSISTANCE THE THEPROBLEM WHAT IF ANYTHING TO YOU HAVE ALREADY COMPLAIN COMPANY BE SURE TO IDENTIFY DONE TO RESOLVEIT AND DECIDE WHAT YOU THINK IS FAIRSETTLEMENT DO YOU WANT YOUR MONEY BACK WOULD DO YOU WANT THE PRODUCT EXCHANGED YOU LIKE THE PRODUCT REPAIRED BEFOREYOU START INCLUDE COPIES SALE RECEIPTS WARRANTIE CANCELED FILE ABOUT YOUR COMPLAINT ORDERWARRANTIES ORDERS COPIEOF SALES RECEIPTREPAIR AND HELP THE COMPANY SOLVE YOUR PROBLEM CONTRACT WHICH WILL BACK UP YOUR COMPLAINT CONTRACTS CHECK AND CHECKS THE CONTACTTHEPERSONWHO SOLDYOU THE ITEM OR PERFORMED GO BACK TO WHERE YOU MADE THE PURCHASE IF THAT AND THE AND WHATACTION WOULD LIKE TAKEN SERVICE CALMLY ACCURATELY EXPLAIN PROBLEM YOU PERSON OF CONSUMER IS NOT HELPFUL ASK FORTHE 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ICE IMUE ASSISTWITH THE FOLLOWING SERVICE SERVICES THEENFORCEMENT OF CIVIL CONTRACTS CONTRACT AN ATTORNEY ENGAGED CONTRACT MADE WITHOUT FRAUD OR MISREPRESENTATION HELP VOID CONTRACTS REFUND BECAUSE YOU CHANGED ASK MERCHANTS MERCHANT FOR REFUNDS YOUR MIND ABOUT MERCHANDISE PURCHASED HANDLE MAKE GIVE COMPLAINTWHERE YOU COMPLAINTS HAVE OF ANY KIND COLLECTIONS COLLECTION CREDIT RATINGS RATING OR CREDIT INFORMATION ON COMPANIESOR COMPANIE INDIVIDUAL INDIVIDUALS HELP TO OBTAIN MERCHANDISE ADJUSTMENTON UNSATISFACTORY ADJUSTMENTS WHERE NO OR SALES SALE REPRESENTATIONS CAN BE PROVED ADVERTISING REPRESENTATION MISLEADING ARTICLE ARTICLES RQA HANDLE LABOR AND WAGE DISPUTES DISPUTE THATIS IN THE COURTS COURT OR HAS HAD PREVIOUS HANDLE ANY MATTER ALREADY PREVIOU JUDICIALDETERMINATION DISPUTE JUDGMENTON DISPUTES DECIDE HOW LONGMERCHANDISE SQS ON JUDGMENT SHOULD WEAR OR LAST FEE CHARGED DOCTOR BY PROFESSIONALS PROFESSIONAL IE DOCTORS DENTIST ETC DENTISTS LAWYERS LAWYER NOR ON THE QUALITY OF THEIR PAS 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CONTACT DATE BY ABOUT BUSINES BUSINESS PERSON TRANSACTION PLACE SIGNED CHECK SIGNED CREDIT WHEN CARD LOAN WHERE MEDIA PRINTED CHECK COMPANY WHERE DID THE TRANSACTION OVER HOUSE COMPANY IOQ AD IN LE PLACE CALL MAIL OF FROM 11S STATE THE AT HOME AT THE BY MAIL OTHER COMPANY IR PRODUCT THE 1Q1OQ DELIVERY COMPANY EXPLAIN SOUGHT TO THI THIS MATTER SERVICE CIRCLE ONE PERFORMED OTHER AMOUNT INCOMPLETE FORM FORMS MAY BE RETURNED OF PROTECTIONCLE TAKE PHONE BUSINES BUSINESS RESOLUTION CONSUMER OF PERSON THE CASH ADVERTISED PAGE IS 1E PHONE INFORMATION THE INFORMATION ADDRES ADDRESS YH PAID ANSWER 0Q 273 PLACE CHECK ONE ACTION HAVE YOU TO COMPLAINED TILE BUSINES BUSINESS OR PERSON COPY YES NO IN BY TELEPHONE IL HOW YOU HAVE TAKEN DATE PERSON PERSON CONTACTED JOB NATURE OF DATE HAVE YOU YOUR RNEY HAS RESPONSE ACTION OF HAVE AN RETAINED LEGAL STATU STATUS YOU ARRORNEY BEEN ANY LEGAL FILED THI THIS TAKEN BY YOU OR COMPLAINT THI THIS REGARDING DESCRIBE IN ORDER INFORMATION WHICH WITH COMPLAINT CONTRACT CONTRACTS THE TRANSACTION THEY HAPPENED REGARDING THE STATEMENT STATEMENTS COMPLAINT AGAINST YOU IF WITH REGARD TO SO PLEASE STATE RESPONSE OF THE NAME COMPLAINT THI THIS AND ADDRES ADDRESS SO PLEASE PHONE DESCRIBE NUMBER THE CURRENT ACTION ANY OTHER AGENCIE AGENCIES DESCRIPTION BRIEFLY OF COMPLAINT OF BE MADE TO RECEIPT RECEIPTS 1Q YOUR SURE YOU CANCELED TO YOU ESPECIALLY CHECK CHECKS LIST NAME OF TRANSACTION YOU COMPLAINT REPRESENTATION REPRESENTATIONS ANY BUSINES BUSINESS AND SO TELL MAY WHAT FEEL TO THOSE FRONT USE BE DECEPTIVE INFLUENCED BACK AND AGENCY STATU STATUS OF COMPLAINT COMPLAINT OM HAPPENED THAT OF SHEET SHEETS WHEN IT MISLEADING YOU ADVERTISEMENT ADVERTISEMENTS TO IF HAPPENED OR DEAL OR WITH ANY NECESSARY AND PLEASE WHERE FALSE BE THE COMPANY OTHER PAPER PAPERS IT LIST EVENT EVENTS IN THE HAPPENED SPECIFIC ABOUT ANY ORAL OF THAT RELATE TO ALL YOUR COMPLAINT WHO REFERRED YOU TO THI THIS FQ FOLLOWING IN THIS COMPLAINT THI FILING BEFORE SIGNING BELOW GENERAL IS NOT MY PRIVATE BUT REPRESENTS ATTORNEY ATTORNEY REPRESENT FROM OR UNLAWFUL BUSINES BUSINESS PUBLIC MISLEADING PRACTICE PRACTICES THE MY LEGAL RIGHTOR RESPONSIBILITIES RIGHTS RESPONSIBILITIE INCLUDING ANY QUESTIONS QUESTIONCONCERNING FILE ANY PRIVATE THAT SHOULD CONTACT ACTION LEGAL PRIVATE ATTORNEY UNDERSTAND THAT THE THE THE PUBLICIN ENFORCING LAW DESIGNEDTO PROTECT LAWS ALSO UNDERSTAND THAT IF HAVE TIME LIMITS LIMIT WITHIN WHICH MAY AUTHORIZETHE DEPARTMENT OF LAW TO SEND THIS THI COMPLAINT FORMTO THE BUSINESS BUSINES OR PERSONAGAINST WHOM THI COMPLAINT WILL HAVE FILED THIS THI COMPLAINT OR TO OTHER APPROPRIATE AGENCIE UNDERSTAND AND AGREETHAT THIS AGENCIES IN TO ESTABLISH VIOLATION VIOLATIONS OFALASKA LAW THATTHE REMAIN ON FILEAND MAY BE USED CERTIFY LEGAL PROCEEDING PROCEEDINGS INFORMATION YOUR GIVENIN THI THIS IS COMPLAINT TRUE AND CORRECT TO THE BEST OF MY INFORMATION KNOWLEDGE DATE SIGNATURE REQUIRED CONSUMER IN PROTECTIONCLE 274 AND BELIEF RELEVANT SEC 4550471 ALASKA CONSUMER ACT AND UNLAWFUL ACTS PROTECTION STATUTE STATUTES METHOD OF COMPETITION AND UNFAIR PRACTICE UNFAIRMETHODS PRACTICES ARE DECLARED TO BE UNLAWFUL IN THECONDUCTOFTRADEOR COMMERCE PRACTICES PRACTICE UNFAIR OR ACT OR PRACTICES ACTS METHOD METHODS OF AND THE TERMS TERM UNFAIR DECEPTIVE PRACTICE COMPETITION ACT ACTS LIMITED THE BUT ARE NOT INCLUDE TO FOLLOWING THEM TO BE THOSE SERVICE BYREPRESENTING OR TRANSFERRING CONVEYING GOODOR SERVICES GOODS FRAUDULENTLY OR ACT ACTS DECEPTIVE OR OF ANOTHER OF GOODS OR DESIGNATING THE GEOGRAPHIC SERVICE ORIGIN GOODOR SERVICES FALSELY REPRESENTING OR AS TO THE LIKELIHOOD OFCONFUSION OR SOURCE SPONSORSHIP MISUNDERSTANDING CAUSING OF OR ASSOCIATION W ITH OR CERTIFICATION OR ANOTHERPERSONS CONNECTION GOODOR GOODS APPROVAL PERSONAFFILIATION SERVICE SERVICES SERVICE HAVE SPONSORSHIP CHARACTERISTICS CHARACTERISTIC THAT GOODS APPROVAL GOOD OR SERVICES REPRESENTING DO NOT HAVE OR THAT PERSON HAS SPONSORSHIP THATTHEY USE USES BENEFIT OR QUANTITIES BENEFITS QUANTITIE INGREDIENT INGREDIENTS DOE NOT HAVE OR CONNECTION THATTHE STATU AFFILIATION STATUS PERSONDOES APPROVAL OR NEW IF THEY ARE DETERIORATED THATGOODS ALTERED RECONDITIONED GOODARE ORIGINAL REPRESENTING OR SECONDS SECOND RECLAIMED USED SECONDHAND OR GRADE OR THAT SERVICE ARE OF PARTICULAR THATGOODS STANDARD QUALITY REPRESENTING GOODOR SERVICES OR IF ARE OF ANOTHER STYLE MODEL THEY GOODARE OF PARTICULAR GOODS OF ANOTHER BY FALSE OR MISLEADING THE OR BUSINES BUSINESS SERVICE SERVICES DISPARAGING GOODS GOOD OF FACT REPRESENTATION SERVICE WITH INTENTNOT TO SELLTHEM AS ADVERTISED ADVERTISING GOODOR SERVICES GOODS REASONABLE EXPECTABLE OR SERVICE WITH INTENT NOT TO SUPPLY PUBLIC ADVERTISING GOOD SERVICES GOODS DISCLOSE DISCLOSES LIMITATIONOF QUANTITY UNLES THE ADVERTISEMENT DEMAND UNLESS PROMINENTLY THE REASONS REASON STATEMENT OF FACTCONCERNING STATEMENTS FOREXISTENCEOF 10 MAKINGFALSEOR MISLEADING OR AMOUNTS AMOUNT OF PRICE REDUCTIONS REDUCTION LIKELIHOOD OFCONFUSION OR OFMISUNDERSTANDING IN ANY OTHERCONDUCT CREATING 11 ENGAGING IN CONNECTIONWITH THESALEOR OR AND WHICH MISLEADS DECEIVE OR DAMAGES DAMAGE BUYER COMPETITOR MISLEAD DECEIVES ADVERTISEMENT OF GOODS SERVICE GOODOR SERVICES FALSE PROMISE OR FRAUDFALSEPRETENSE MISREPRESENTATION DECEPTION 12 USING EMPLOYING MATERIAL FACT WITH INTENT THAT OTHER RELY OTHERS OR OR KNOWINGLY UPON OMITTING CONCEALING SUPPRESSING WITH THE SALE OR ADVERTISEMENT OF GOODS OR OMISSION IN CONNECTION THE CONCEALMENTSUPPRESSION GOODOR SERVICE WHETHER OR NOT SERVICES PERSONHAS IN FACTBEEN MISLED DECEIVED OR DAMAGED SALE OF GOODS SERVICE TO DELIVER TO THE CUSTOMER AT THE TIME OF AN INSTALLMENT GOODOR SERVICES 13 FAILING THE SELLER AND THE NAME AND OUT THE NAME AND ADDRES ADDRESS OF WRITTENORDERCONTRACT OR RECEIPT SETTING AND CONDITION CONDITIONS OFTHE AND ALL OFTHE TERMS TERM THATTHESELLER SALE ADDRES OFTHEORGANIZATION ADDRESS REPRESENT REPRESENTS IN AND OR WHICH SHALL BE STATED OF THE READABLE CLEAR SERVICE GOOD SERVICES GOODS INCLUDINGDESCRIPTION UNAMBIGUOU UNAMBIGUOUS LANGUAGE REMEDIE OR OBLIGATIONS WHICH CONFER OR INVOLVES CONFERS INVOLVE RIGHTS THATAN AGREEMENT OBLIGATION RIGHTREMEDIES 14 REPRESENTING IT DOES DOE NOT CONFER OR INVOLVEOR WHICH ARE PROHIBITED BYLAW THE NEED FORPARTS FALSE OR STATEMENT STATEMENTS PART MISLEADING CONCERNING 15 KNOWINGLY MAKING OR REPAIR SERVICE REPLACEMENT THE FINAL OR AGENTTO NEGOTIATE THE AUTHORITY OF SALESMAN REPRESENTATIVE 16 MISREPRESENTING TERM TERMS OF CONSUMER TRANSACTION THANON OR WARRANTY RATHER IN WHOLEOR IN PART ON FORREPAIR GUARANTY 17 BASING CHARGE THE ITEM WITHOUT ON STATING THE ACTUALVALUE OF THE ACTUALREPAIRS REPAIRMADE OR WORKTO BE PERFORMED FOR THE OR IF THEWORKAND THE THECHARGES FOR GUARANTY WARRANTY ANY CHARGE SEPARATELY CHARGE REVISED111298 CONSUMER ISI PROTECTIONCLE 275 BACK OR RESETTING THE ODOMETER OF VEHICLETO REDUCETHE NUMBER DISCONNECTING TURNING OFMILES MILE INDICATED OR ATTEMPTING TO INDUCE CONSUMER TO ENTER SALE PLAN SALES 19 USINGCHAINREFERRAL BYINDUCING INTO CONTRACT BY OFFERING DISCOUNT COMMISSIONOR OTHERCONSIDERATION REBATE CONTINGENT UPON THEHAPPENING OF FUTURE ON THECONDITION THATTHE CONSUMER EITHER OR INFORMATION EVENT SELL GIVES SELLS GIVE OR ASSISTANCE FORTHE PURPOSE OF LEADING TO SALEBY THE SELLER OFTHESAME OR RELATED GOOD GOODS TO SELL OF IN CHAINDISTRIBUTOR OR SCHEME 20 SELLING OFFERING RIGHT PARTICIPATION OR ADVERTISING WHICH HASBEEN FROZEN MEAT FISHOR POULTRY 21 SELLING FALSELY REPRESENTING 18 AS FRESH FOOD WITH AS 02 TO COMPLY FAILING WITH AS 45 T O 4545240 FAILING COMPLY OR ARRANGING FORFUTURESERVICES SERVICE RELATING TO THE DISPOSITION OF CONSULTING COUNSELING DEATH CERTAIN NOT LOT LOTS AND MARKER WILL MARKERS BODYUPON WHEREBY PERSONAL PROPERTY INCLUDING CEMETERY BE FURNISHED OR THE PROFESSIONAL SERVICE OF FUNERALDIRECTOROR EMBALMER WILL BE FURNISHED SERVICES UNLESS UNLES THE PERSON RECEIVING OR THE OR AND OR IS MONEY PROPERTY DEPOSITS MONEY DEPOSIT MONEY PROPERTY PROPERTY ITS IN TRUST IN INSURED WITHIN FIVE DAYS FINANCIALINSTITUTION WHOSEDEPOSITS ARE RECEIVED DAY OF RECEIPT DEPOSIT AN OF THE FEDERAL THE INSTITUTION AS THE TRUSTEE AS BY INSTRUMENTALITY GOVERNMENT DESIGNATING SEPARATE TRUST IN THE NAME OFTHEPERSONON WHOSEBEHALFTHEARRANGEMENTS ARE MADE WITH THAT ONLY ARRANGEMENT PROVISION THE MONEY OR PROPERTY BE T O THE OF MERCHANDISE OR SERVICE SERVICES MAY ONLY APPLIED PURCHASEDESIGNATED AND SHOULD THE MONEY OR PROPERTY AND ANY ACCRUEDINTEREST NOT BE USEDFORTHEPURPOSES DEPOSITED PURPOSE 22 23 24 INTENDEDON THE DEATH OF THE PERSONON WHOSE BEHALFTHE ARRANGEMENTS ARE MADE ALL MONEY OR ARRANGEMENT IN THE TRUST SHALLBECOME PARTOF THATPERSONS PROPERTY PERSONESTATEUPON DEMANDBYTHE PERSONON WHOSE BEHALFTHE ARRANGEMENTS ARE ALL OR IN THE TRUST INCLUDING ACCRUED SHALL MONEY INTEREST ARRANGEMENT MADE PROPERTY BE PAID TO THAT PERSON THIS THI DOE NOT PROHIBIT DOES THE CHARGING OF PARAGRAPH FEE FOR SEPARATE SERVICE IF THE FEE IS DISCLOSEDTO THE PERSON MAKINGTHE SERVICES CONSULTATION COUNSELINGARRANGEMENT UNDER THIS THI PARAGRAPH WHICH WOULDCONSTITUTECONTRACT OFINSURANCE ARRANGEMENTANY ARRANGEMENT OR UNDERAS IS SUBJECT TO THEPROVISIONS OFAS 21 PROVISION TO COMPLY WITH THE TERMS TERM OF AS 45 50800 FAILING 25 LEASING ACT 4550850 PRODUCT ALASKAGASOLINEPRODUCTS TO COMPLY WITH AS 4530 RELATING TO MOBILE HOME WARRANTIES WARRANTIEAND MOBILE HOME 26 FAILING PARK PARKS WITH AS 48 TO COMPLY 27 FAILING IN HEARING AID AND FAILING AIDS TO COMPLY WITH AS 0855 28 DEALING OR AS 4545910A 29 VIOLATING TO WITH AS 4550473 30 FAILING COMPLY THE OF AS 4545400 31 VIOLATING PROVISIONS PROVISION OF PIECE OF ART OR HANDICRAFT THATWAS MADE BY 32 KNOWINGLY SELLINGREPRODUCTION RESIDENTOF THE STATE UNLESS UNLES THE REPRODUCTION IS CLEARLY LABELEDAS REPRODUCTION IN THIS THI PARAGRAPH MEAN MEANS IF THECOPY IS COPY OF AN ORIGINAL REPRODUCTION AS THE SAME THE AND SUBSTANTIALLY ORIGINAL NOT MADE BY THE PERSONWHO MADE THEORIGINAL AS 08660 10 0866090 33 VIOLATING MOTORVEHICLEDEALERS DEALER 0866350 VEHICLE BUYERS AS 0866200 MOTOR 34 VIOLATING BUYERAGENTS AGENT AS 4563 35 VIOLATING TELEPHONIC SOLICITATION SOLICITATIONS AS 4568 CHARITABLE 36 VIOLATING SOLICITATION SOLICITATIONS AS 4550474 37 VIOLATING ON BOARDPROMOTIONS PROMOTION REVISED 111298 CONSUMER PROTECTIONCLE 276 OR DENTAL THATHAS PAIDOR WILLPAY FEEFORTHE 38 REFERRING PERSONTO DENTIST PRACTICE THEREFERRAL DISCLOSE AT THETIME THEREFERRAL DISCLOSES IS MADE THATTHE DENTIST REFERRAL UNLES THEPERSONMAKING UNLESS OR WILL FEEBASED ON THE OR DENTAL HAS PAID REFERRAL PRACTICE PAY WITHOUT THAT CAN RECEIVE REFERRAL TO DENTISTOR DENTALPRACTICE 39 ADVERTISING PERSON IS REFERRED HAS IN THE ADVERTISING THATTHE DENTISTOR DENTALPRACTICE TO WHICH THEPERSON PAID DISCLOSING TO WHICH THE PERSON IS OR WILL PAY FEE BASED ON THE REFERRAL IF IN FACTTHE DENTISTOR DENTALPRACTICE FEEBASEDON THE REFERRAL REFERRED HAS PAIDOR WILL PAY AS 4550477A 40 VIOLATING WITH AS 4550475 TO COMPLY 41 FAILING ACT AND PRACTICES LISTED IN OF THIS THI SECTION ARE IN ADDITIONTO AND DO NOT THE UNLAWFUL ACTS PRACTICE LIMIT THETYPES A ACT CTS AND ACTIONABLE AT COMMON LAW OR UNDEROTHER STATE STATUTES STATUTE PRACTICE PRACTICES TYPE OFUNLAWFUL 21 CH 166 SLA 1978 CLAS ACTIONS PRIVATE AND CLASS ACTION SEC 4550531 OF MONEY OR SUFFER AN ASCERTAINABLELOSS LOS PERSON WHO SUFFERS RESULT OF ANOTHER PERSONS ACT OR DECLARED UNLAWFUL PERSON PRACTICE BY AS PROPERTYAS THREETIMES TIME THEACTUAL BRING CIVIL ACTIONTO RECOVER FOREACHUNLAWFULACT OR PRACTICE WHICHEVER IS THE COURT OTHER RELIEF IT CONSIDER CONSIDERS DAMAGE 500 DAMAGES GREATER MAY PROVIDE NECESSARYAND IN THIS THI SUBSECTION THI SUBSECTION FROM PREVENT PERSONWHO BRINGS PREVENTS BRINGAN ACTIONUNDER THIS PROPERNOTHING OTHER REMEDIE REMEDIES AVAILABLE UNDER OTHER COMMON LAW LAW INCLUDING PURSUING CH 31 SLA 1987 OF AN ACTION BROUGHT UNDERTHIS THI SECTIONTHE CLERKOF THE COURT SHALL UPONCOMMENCEMENT MAIL COPY OFTHECOMPLAINT OR OTHER INITIAL PLEADING TO THEATTORNEY OF AN ANDUPON ENTRY GENERAL ORDEROR JUDGMENT IN THE ACTIONSHALLMAIL COPY OF THEORDEROR JUDGMENT TO THE ATTORNEY GENERAL CH 31 SLA 1987 OR FINALJUDGMENT WHOM AN ACTIONWAS PERMANENTINJUNCTION AGAINSTPERSON AGAINST UNDER THIS THI SECTIONTHATTHE INITIATEDUNDERAS 4550501 IS PRIMAFACIEEVIDENCEIN AN ACTION BROUGHT OR DECLARED UNLAWFUL 4550471 USED OR AN ACT AS PERSON EMPLOYED PRACTICE BY 4550471 MAY OR AN ACTION UNDER THIS THI SECTIONMORE THAN TWO YEARS PERSONMAY NOT COMMENCE YEAR AFTERTHE HAVE THAT FROM AN ACT OR PRACTICE DISCOVERS DISCOVER OR SHOULD DISCOVERED THE LOS LOSS RESULTED PERSON REASONABLY DECLAREDUNLAWFUL BY AS 455047 CH 96 SLA 1998 OR SUPPLIER OFTHEMERCHANDISE IF THEBASIS BASI FORTHEACTIONIS THEFAULTOFTHEMANUFACTURER THE MANUFACTUREROR WHO SUPPLIER IS AT FAULTIS LIABLE FORTHE DAMAGES DAMAGE AWARDED THE RETAILER AGAINST UNDERTHIS THI SECTION IF RECEIVE AN AWARD OF PUNITIVE DAMAGEUNDER DAMAGES PERSONRECEIVES OF THIS THI SECTION THE COURT SHALL THAT50 PERCENT OF THE AWARDBE DEPOSITED INTO THE GENERAL FUND OF THE STATE UNDERAS REQUIRE DOE NOT GRANT DOES THESTATE THERIGHT TO FILEOR JOIN CIVIL ACTIONTO RECOVER THI SUBSECTION THIS 020Q PUNITIVE DAMAGES DAMAGE SEC 4550535 TO ANY PRIVATE RELIEF INJUNCTIVE TO SUBJECT OF THIS THI SECTION AND IN ADDITION OTHERLAW ANY PERSON WHO WAS THE VICTIM OF NOT THE PERSON SUFFERED ACTUALDAMAGES AN ACTIONTO OBTAIN DAMAGEMAY BRING TO BRING AN ACTIONUNDER AS RIGHT 4550531 OR THEUNLAWFULACT WHETHER OR OR LESSORFROMCONTINUING TO ENGAGE IN AN INJUNCTION SELLER PROHIBITING AN ACT OR DECLARED PRACTICE UNLAWFULUNDERAS 4550471 AN ACTIONUNDER OFTHIS THI SECTIONUNLESS UNLES PERSONMAY NOT BRING WRITTEN NOTICETO THESELLER OR LESSOR WHO ENGAGED IN THEUNLAWFUL THEPERSONFIRST PROVIDE PROVIDES ACT OR THATTHEPERSONWILLSEEKAN INJUNCTION THESELLER OR PRACTICE AGAINST FAIL TO PROMPTLY FAILS STOPTHE UNLAWFULACT OR AND PRACTICE REVISED111298 CONSUMER PROTECTIONCLE 277 LESSOR IF THESELLER OR LESSOR OR LESSOR FAIL TO PROMPTLY FAILS THESELLER STOPTHEUNLAWFULACT OR THE AFTER PRACTICE RECEIVING NOTICE SEC 4550536 MEDIATION OF AS 4550471 THE OTHERPROVISIONS NOTWITHSTANDING PROVISION OR 4550535 CIVIL ACTIONUNDERAS 455053 MAY BE SUBMITTEDTO MEDIATIONUNDERTHE COURT ORDER WITHIN 30 DAYS ALASKA RULES RULE OF CIVIL PROCEDURETHE MEDIATION MUST BEGIN DAY AFTERTHE COURTS FORMEDIATION DURING MEDIATIONTHECOURT MAY IF IT IS DETERMINEDAPPROPRIATE BYTHECOURTENJOIN CIVIL ACTION THATIS THE SUBJECT OF THE IN THE ACT OR PRACTICE THE DEFENDANT FROM 4550561 ENGAGING SEC 4550537 IN AN ACTIONBROUGHT BY PRIVATE FEE COSTS FEES COST AND DAMAGES DAMAGE ATTORNEY SHALLBE AWARDED COST COSTS AS BY 4550561 PREVAILING PLAINTIFF PROVIDED PERSON UNDERAS 4550471 RATE FEE AT THEPREVAILING FEES REASONABLE COURT RULEAND FULLREASONABLE ATTORNEY IN AN ACTIONBROUGHT UNLES THE ACTION IS FOUND TO BE FRIVOLOU UNLESS FRIVOLOUS BY PRIVATE PERSONUNDER COST AS SHALL BE AWARDED FEE FEES AND COSTS DEFENDANT AS 50 ATTORNEY 4550561 PREVAILING FEE TO BE AWARDEDTO THE FEES FRIVOLOUTHE ATTORNEY PROVIDED BY COURT RULE IF THE ACTIONIS FOUND TO BE FRIVOLOUS FEE AT THEPREVAILING FEES REASONABLE RATE DEFENDANTSHALLBE FULLREASONABLE ATTORNEY OFTHIS THI SECTIONIN AN ACTIONBROUGHT THE OTHERPROVISIONS BY PRIVATE NOTWITHSTANDING PROVISION IS NOT THE AND IF THECOURT IF THEPLAINTIFF 4550561 PREVAILING PARTY PERSONUNDERAS 4550471 THE TO OBTAIN COMPETITIVE BUSINES ADVANTAGE BUSINESS FIND THATTHE ACTIONWAS BROUGHT FINDS BYTHE PLAINTIFF COURT SHALLAWARD FEE FEES DEFENDANT COSTS AS PROVIDED COST ATTORNEY BYCOURT RULEFULLREASONABLE PREVAILING AT THE PREVAILING REASONABLE RATE AND ANY OF THE PLAINTIFFS PLAINTIFF ALLEGATIONS ALLEGATION FRIVOLOU IN THIS THI SECTIONFRIVOLOUS DEFENDANT AS SUFFERED DAMAGES DAMAGE BY THEPREVAILING RESULT MEAN MEANS LAW OR REASONABLEEXTENSION BASED ON EVIDENCE OR ON EXISTING REASONABLY OF EXISTING LAW OR MODIFICATIONOR REVERSAL OR NEEDLESS NEEDLES EXPENSE TO HARASS HARAS THE DEFENDANT OR TO CAUSE UNNECESSARYDELAY BROUGHT NOT REVISED111298 CONSUMER PROTECTIONCLE 278
