SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 3
PRESERVATION OF CONSUMER CLAIMS AND DEFENSES
J. Channing Bennett
§3.1 INTRODUCTION
§3.2 ESSENTIAL ELEMENTS
§3.2-1 Negotiable Instrument
§3.2-2 Sellers
§3.2-3 Consumer Credit Contracts
§3.2-4 Preservation of Consumer Claims
§3.3 TYPICAL PARTIES AND FACT SITUATIONS
§3.3-1 Consumer May Assert Claim Against Finance Company
§3.3-2 Consumer Claim Barred by Statute of Limitations
§3.3-3 Seller Fails to Disclose Notice
§3.3-4 Consumer May Use Both FTC Holder Rule and the Oregon Statute
§3.4 ADVANTAGES
§3.5 PITFALLS AND HAZARDS
§3.6 REMEDIES AND DAMAGES
§3.6-1 Generally
§3.6-2 FTC Holder Rule—Claims Preserved
§3.7 DEFENSES
§3.8 PLEADING AND PRACTICE
§3.8-1 Violation of FTC Rule May Constitute Violation of Oregon Unlawful Trade Practices Act
§3.8-2 Oregon Statute Modifying Holder-in-Due-Course Status
§3.8-3 Comparison of FTC Rule and Oregon Statute
§3.8-4 Application of Truth in Lending Act
§3.8-5 Regulatory History