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Federal Deception Law: Listing of Provisions, Source, and Authority

16 C.F.R.

§ 455.1 General duties of a used vehicle dealer; definitions.

§ 455.2 Consumer sales—window form.

§ 455.3 Window form.

§ 455.4 Contrary statements.

§ 455.5 Spanish language sales.

§ 455.6 State exemptions.

§ 455.7 Severability.

Figure 1: “AS IS”—NO DEALER WARRANTY (English)

Figure 2: IMPLIED WARRANTIES ONLY (English)

Figure 3: Back of Buyers Guide (English)

Figure 4: “AS IS”—NO DEALER WARRANTY (Spanish)

Figure 5: IMPLIED WARRANTIES ONLY (Spanish)

Figure 6: Back of Buyers Guide (Spanish)

Federal Deception Law: 16 C.F.R. § 455.1. General duties of a used vehicle dealer; definitions

(a) It is a deceptive act or practice for any used vehicle dealer, when that dealer sells or offers for sale a used vehicle in or affecting commerce as commerce is defined in the Federal Trade Commission Act:

(1) To misrepresent the mechanical condition of a used vehicle;

(2) To misrepresent the terms of any warranty offered in connection with the sale of a used vehicle; and

Federal Deception Law: 16 C.F.R. § 455.2. Consumer sales—window form

(a) General duty. Before you offer a used vehicle for sale to a consumer, you must prepare, fill in as applicable and display on that vehicle the applicable “Buyers Guide” illustrated by Figures 1–2 at the end of this part. Dealers may use remaining stocks of the version of the Buyers Guide in effect prior to the effective date of this Rule for up to one year after that effective date (i.e., until January 27, 2018).

Federal Deception Law: 16 C.F.R. § 455.3. Window form

(a) Form given to buyer. Give the buyer of a used vehicle sold by you the window form displayed under § 455.2 containing all of the disclosures required by the Rule and reflecting the warranty coverage agreed upon. If you prefer, you may give the buyer a copy of the original, so long as that copy accurately reflects all of the disclosures required by the Rule and the warranty coverage agreed upon.

Federal Deception Law: 16 C.F.R. § 455.4. Contrary statements

You may not make any statements, oral or written, or take other actions which alter or contradict the disclosures required by §§ 455.2 and 455.3. You may negotiate over warranty coverage, as provided in § 455.2(b) of this part, as long as the final warranty terms are identified in the contract of sale and summarized on the copy of the window form you give to the buyer.

Federal Deception Law: 16 C.F.R. § 455.5. Spanish language sales

(a) If you conduct a sale in Spanish, the window form required by § 455.2 and the contract disclosures required by § 455.3 must be in that language. You may display on a vehicle both an English language window form and a Spanish language translation of that form. Use the translation and layout for Spanish language sales in Figures 4, 5, and 6.

(b) Use the following language for the “Implied Warranties Only” disclosure when required by § 455.2(b)(1) as illustrated by Figure 5:

Consumer Bankruptcy Law and Practice: K.1 Introduction

This appendix contains three client handouts. The National Consumer Law Center provides copyright permission for individuals and organizations to copy or adapt these handouts for distribution without charge to consumers. No permission is granted to include these materials in other publications for sale.

Consumer Bankruptcy Law and Practice: K.2 Answers to Common Bankruptcy Questions

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems. This brochure cannot explain every aspect of the bankruptcy process. If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy.

What Is Bankruptcy?

Consumer Bankruptcy Law and Practice: K.3 Your Legal Rights During and After Bankruptcy: Making the Most of Your Bankruptcy Discharge

Bankruptcy is a choice that may help if you are facing serious financial problems. You may be able to cancel your debts, stop collection calls, and get a fresh financial start. Bankruptcy can help with some financial problems, but does not guarantee you will avoid financial problems in the future. If you choose bankruptcy, you should take advantage of the fresh start it offers and then make careful decisions about future borrowing and credit, so you won’t ever need to file bankruptcy again!

How Long Will Bankruptcy Stay on My Credit Report?

Consumer Bankruptcy Law and Practice: K.4 Using Credit Wisely After Bankruptcy

Beware of Credit Offers Aimed at Recent Bankruptcy Filers

“Disguised” Reaffirmation Agreement

Carefully read any credit card or other credit offer from a company that claims to represent a lender you listed in your bankruptcy or own a debt you discharged. This may be from a debt collection company that is trying to trick you into reaffirming a debt. The fine print of the credit offer or agreement will likely say that you will get new credit, but only if some or all of the balance from the discharged debt is added to the new account.

Federal Deception Law: Listing of Provisions

31 U.S.C.

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§ 3729. False claims

§ 3730. Civil actions for false claims

§ 3731. False claims procedure

§ 3732. False claims jurisdiction

§ 3733. Civil investigative demands

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Federal Deception Law: 47 C.F.R. § 64.1603. Customer notification

Any common carrier participating in the offering of services providing calling party number, ANI, or charge number on interstate calls must notify its subscribers, individually or in conjunction with other carriers, that their telephone numbers may be identified to a called party. Such notification must be made not later than December 1, 1995, and at such times thereafter as to ensure notice to subscribers.

Federal Deception Law: 47 C.F.R. § 64.1604. Prohibition on transmission of inaccurate or misleading caller identification information

(a) No person or entity in the United States, nor any person or entity outside the United States if the recipient is within the United States, shall, with the intent to defraud, cause harm, or wrongfully obtain anything of value, knowingly cause, directly, or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information in connection with any voice service or text messaging service.

(b) Paragraph (a) of this section shall not apply to:

Federal Deception Law: 47 C.F.R. § 64.1605. Effective date

The provisions of §§ 64.1600 and 64.1602 are effective April 12, 1995. The provisions of §§ 64.1601 and 64.1603 are effective December 1, 1995, except §§ 64.1601 and 64.1603 do not apply to public payphones and partylines until January 1, 1997.

[60 Fed. Reg. 29,491 (June 5, 1995); 76 Fed. Reg. 43,205 (July 20, 2011)]

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