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Consumer Class Actions: CONN. RULES FOR THE SUPERIOR COURT, PRACTICE BOOK §§ 9-7 THROUGH 9-10

§ 9-7. Class ActionsPrerequisites to Class Actions

One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Consumer Class Actions: 1. Comparison With Federal Rule 23

The text of Rule 52.08 of the Missouri Supreme Court Rules is similar to that of Rule 23 of the Federal Rules of Civil Procedure.52 State ex rel. American Family Mutual Ins. Co. v. Clark, 106 S.W.3d 483, 490 (Mo. banc 2003); State ex rel. Byrd v. Chadwick, 956 S.W.2d 369, 379 (Mo. Ct. App. 1997); Grosser v. Kandel-Iken Builders, Inc., 647 S.W.2d 911, 916 (Mo. Ct. App. 1983). Because Mo. Sup. Ct. R.

Federal Deception Law: Listing of Provisions

15 U.S.C.

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§ 44. Definitions

§ 45. Unfair methods of competition unlawful; prevention by Commission

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§ 57a. Unfair or deceptive acts or practices rulemaking proceedings

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§ 57b. Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices

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Federal Deception Law: 15 U.S.C. § 44. Definitions

The words defined in this section shall have the following meaning when found in this subchapter, to wit:

“Commerce” means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.

Federal Deception Law: Introduction

In 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act provided to the Consumer Financial Protection Bureau extensive authority to regulate consumer financial products, but excluded many automobile dealers from that authority. Instead, the Act gave the FTC streamlined rulemaking authority concerning automobile dealers. The statutory extracts infra detail those auto dealers excluded and provides for the streamlined rulemaking authority.

Federal Deception Law: 12 U.S.C. § 5519. Exclusion for auto dealers

(a) Sale, servicing, and leasing of motor vehicles excluded

Except as permitted in subsection (b), the Bureau may not exercise any rulemaking, supervisory, enforcement or any other authority, including any authority to order assessments, over a motor vehicle dealer that is predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.

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(d) Federal Trade Commission authority

Federal Deception Law: 16 C.F.R. § 425.1. The rule

(a) In connection with the sale, offering for sale, or distribution of goods and merchandise in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice, for a seller in connection with the use of any negative option plan to fail to comply with the following requirements:

(1) Promotional material shall clearly and conspicuously disclose the material terms of the plan, including:

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

16 C.F.R.

§ 429.0 Definitions.

§ 429.1 The Rule.

§ 429.2 Effect on State laws and municipal ordinances.

§ 429.3 Exemptions.

SOURCE: 53 Fed. Reg. 45,459 (Nov. 10, 1988); 60 Fed. Reg. 54,186 (Oct. 20, 1995), unless otherwise noted.

AUTHORITY: Sections 1–23, F.T.C. Act, 15 U.S.C. §§ 41–58.

Federal Deception Law: 16 C.F.R. § 429.2. Effect on State laws and municipal ordinances

(a) The Commission is cognizant of the significant burden imposed upon door-to-door sellers by the various and often inconsistent State laws that provide the buyer the right to cancel a door-to-door sales transaction. However, it does not believe that this constitutes sufficient justification for preempting all of the provisions of such laws and the ordinances of the political subdivisions of the various States.

Federal Deception Law: 16 C.F.R. § 429.3. Exemptions

(a) The requirements of this part do not apply for sellers of automobiles, vans, trucks or other motor vehicles sold at auctions, tent sales or other temporary places of business, provided that the seller is a seller of vehicles with a permanent place of business.

(b) The requirements of this part do not apply for sellers of arts or crafts sold at fairs or similar places.

Federal Deception Law: 16 C.F.R. § 433.2. Preservation of consumers’ claims and defenses, unfair or deceptive acts or practices

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as “commerce” is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of Section 5 of that Act for a seller, directly or indirectly, to:

(a) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type:

NOTICE

Federal Deception Law: 16 C.F.R. § 433.3. Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977, from requirements of § 433.2(a)

(a) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 C.F.R. Part 433 with respect to such contract provided the contract does not cut off consumers’ claims and defenses.

(b) Definitions. The following definitions apply to this exemption:

(1) All pertinent definitions contained in 16 C.F.R. 433.1.

Federal Deception Law: A.5.2 FTC Advisory Opinion

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

Office of the Secretary

May 3, 2012

Jonathan Sheldon

Carolyn Carter

National Consumer Law Center

7 Winthrop Square

Boston, Massachusetts 02110

Dear Mr. Sheldon and Ms. Carter:

Federal Deception Law: 16 C.F.R. § 435.1. Definitions

For purposes of this part:

(a) Mail, Internet, or telephone order sales shall mean sales in which the buyer has ordered merchandise from the seller by mail, via the Internet, or by telephone, regardless of the method of payment or the method used to solicit the order.

(b) Prompt refund shall mean:

Federal Deception Law: 16 C.F.R. § 435.2. Mail, Internet, or telephone order sales

In connection with mail, Internet, or telephone order sales in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, it constitutes an unfair method of competition, and an unfair or deceptive act or practice for a seller:

(a)(1) To solicit any order for the sale of merchandise to be ordered by the buyer through the mail, via the Internet, or by telephone unless, at the time of the solicitation, the seller has a reasonable basis to expect that it will be able to ship any ordered merchandise to the buyer:

Federal Deception Law: 16 C.F.R. § 435.3. Limited applicability

(a) This part shall not apply to:

(1) Subscriptions, such as magazine sales, ordered for serial delivery, after the initial shipment is made in compliance with this part;

(2) Orders of seeds and growing plants;

(3) Orders made on a collect-on-delivery (C.O.D.) basis;

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

16 C.F.R.

§ 436.1 Definitions.

§ 436.2 Obligation to furnish documents.

§ 436.3 Cover page.

§ 436.4 Table of contents.

§ 436.5 Disclosure items.

§ 436.6 Instructions for preparing disclosure documents.

§ 436.7 Instructions for updating disclosures.

§ 436.8 Exemptions.

§ 436.9 Additional prohibitions.

§ 436.10 Other laws and rules.

§ 436.11 Severability.

Appendix A to Part 436—Sample Item 10 Table

Appendix B to Part 436—Sample Item 20(1) Table

Appendix C to Part 436—Sample Item 20(2) Table