Learn About the Law
- Illinois Commercial Code
- The Commercial Code governs sale of goods, such as cars. If your
car has a substantial defect, not known to you at the time of sale, you
may be able to "unwind" the deal and get your money back. This is
called "rejection" or "revocation of acceptance." The disadvantage of
these remedies is that they do not provide for attorney fees.
- Magnuson-Moss Warranty Act
- The Magnuson-Moss Warranty Act, commonly known as Mag-Moss, is an
"add-on" to the warranty law contained in the Commercial Code. Under
Mag-Moss, if the seller breaches express or implied warranties, you may
be entitled to damages. Mag-Moss is a "fee-shiftable" statute, meaning,
that the prevailing consumer can recover attorney fees from the
defendant. This allows people to pursue small claims they ordinarily
have no resources to pursue.
- Illinois Consumer Fraud Act
- The Act (fee-shiftable) prohibits deceptive or unfair acts or
practices, and is applicable to a wide variety of fraudulent conduct.
In a car context, it applies to undisclosed accidents, fraudulent sales
techniques, odometer fraud, and myriad other deceptions car dealers
engage in when selling cars.
- Truth in Lending Act
- This federal Act (fee-shiftable) regulates disclosures of financing
terms. It is applicable to car cases when the dealers force consumers
to buy unnecessary insurance, claiming it would improve their chances
of getting financed, or when the dealers do not allow consumers to take
unsigned copies of their finance contracts to shop around for a better
rate. (Yes, it is your right under federal law!).
- Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act
- These federal Acts (also fee-shiftable) regulate extensions of
credit and collection practices. Car dealers routinely violate the
disclosure requirements of both ECOA and FCRA. Often, if a consumer
falls behind on his or her payments, the account is referred to a
collection agency, which may engage in sharp collection practices that
violate the FDCPA. A consumer may be entitled to statutory damages for
such violations.
- Illinois Lemon Law
- A useless piece of legislation, most familiar to the consumers.
This Act is practically never used by competent consumer lawyers, for a
number of reasons: for starters, it does not allow you to assert any
claims other than those under the Act (in all other instances you can
sue under several theories, such as warranty, truth in lending, fraud,
etc.), and it does not provide for attorney fees to the prevailing
consumer. It would not be an exaggeration to say that this Act is a
lemon.
home |
about law |
about us |
lemon car |
Exotic Motors |
breasts |
other fraud |
page of pride |
page of shame |
David Harris |
to all JAG Officers |
What Every Potential Client Should Consider |
Olympics of Unprofessionalism
This web site is hosted at HOSTWAY.COM