Frequently Asked Questions About Consumer Law

Making a purchase automatically creates a contract between you and the trader. The law implies certain warranties into this contract and requires that consumers are entitled to a functioning, purpose-serving product. To make sure, you should ask the trader whether the product is fit for the use you want. In case the product fails, you have the right to a refund or to exchange the product.

Can I get a refund for a piece of clothing that doesn’t fit when I try it on at home?

If you tried the item on in the store, but decided at home that you don’t like the way it fits, you probably must have a receipt in order to receive a refund. Assuming the sales person assured that the item would fit you without you trying it on, it is the sales person’s fault and he/she must take the item back. At the same time, you are entitle to a refund if the piece of clothing does not fit due to a fabrication error or the way it was made.

Can I get out of a contract I signed for a used car after realizing that I can’t afford it?

The cooling off period applies when you buy a second hand vehicle from a motor car trader. A motor car trader, by definition, is someone that sells four vehicles during twelve months. If you signed the contract with a private person, the three day cooling off period won’t apply and you will be held accountable for what you signed in the contract.
I received a letter saying that I won money, but I am required to send a fee in order to claim the prize – What should I do?
Especially these days, it is advisable to assume that nobody will send you money or anything for free in general. You should be especially careful if the letter asks you to provide any personal information, such as your Social Security Number, your bank information etc. Maybe the letter is completely legitimate and you were actually to receive the stated amount, but if not, you could get into a lot of trouble. In addition to loosing the required fee, you might become a victim of identity theft and be left with a drained bank account and a pile of paper work to fix the problem.
My car war broken into recently and I saw my belongings in a pawnshop. What are my options?
It is common that items that have been stolen in robberies and burglaries end up in local pawnshops. You should not offer to buy the items, but instead contact the police immediately and request a notice to be served prohibiting the alterations or disposal of the items for three weeks. You should then ask your local police department as to what steps to take in order to have the items delivered to you. If the pawnshop alters, sells or disposes your items, financial penalties can apply and measures can be taken against the storeowner.

How can I get a collection agency to leave me alone?

The FDCPA (Fair Debt Collection Practices Act) states that a collection agency must end all contacts if a letter by the consumer has been received asking for no further contacts. At the same time, the collection agency has the right to send a final letter acknowledging that it will no longer contact the consumer and stating what future steps will be taken in order for the creditor to collect the money.

Can I pay the debt by making monthly installments?

While you are free to offer monthly installments, the debt collectors are not required to accept such arrangements. In most cases, however, debt collectors realize that it is easier to make the payment in monthly installments and will accept the offer in order to collect the full amount.

What are my options if the debt collector insists that I make monthly payments in amounts that I can’t afford?

Debt collectors can’t force consumers to agree to payments they can’t afford. While collectors can accept monthly installment arrangements, it is still the decision of the consumer what the amount of the payments will be. Debt collectors know that consumers will only agree to payments they can afford and agree in most cases to the offer consumers make.

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	Did You Know?
	While a product might not have a written warranty, under state law, consumers are guaranteed certain implied warranties.