cooperative consumer protection program complaint data system
cooperative consumer protection program complaint data system
cooperative consumer protection program complaint data system
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295' Unlawful/Unfair Terms<br />
The terms of a contract (oral or written), while represented<br />
truthfully and completely, are unfair or oppressive to the<br />
complainant. These conditions often result from the use of<br />
form contracts which allow no negotiation of terms.<br />
You should not circle this category if there is another which<br />
more clea:r:ly describes the problem; e.g., #285 - Negative Option.<br />
If the <strong>complaint</strong> relates to unlawful or unfair terms involving<br />
finance or interest charges, see #405 - Interest/Finance/Other<br />
Charge.<br />
NOTE:<br />
Unlawful or unfair terms constitute acts of commission,<br />
whereas inadequate orlno disclosure constitute acts or<br />
ommission. This category is used when terms have been<br />
properly disclosed, but contain elements which are<br />
unfair or violate statutes. If the <strong>complaint</strong> is made<br />
because of a lack of disclosure of contract terms,<br />
circle #280 - Inadequate Disclosure of Terms.<br />
Civil Code Sections 1643, 1644, 1649, 1654, 1655, l770(n)<br />
(unfair), 1803.2 (c), 1804.1 (a), 2982 [ (a) (10) ],<br />
2983.7(a) (unlawful)<br />
PERFORMANCE<br />
This section describes the kinds of problems which can occur after<br />
a <strong>consumer</strong> has agreed to go forward with a transaction, including<br />
especially the failure of the other party or parties to do the<br />
things the <strong>consumer</strong> expected him or them to do.<br />
300 Adjustment/Refund<br />
Respondent fails to make an appropriate refund or adjustment,<br />
such as a refund for returned merchandise, an exchange of goods,<br />
etc.<br />
If the refund or adjustment relates to the quality of .a product,<br />
you should also circle category #330. This category should be<br />
used exclusively if the refund/adjustment applies to goods<br />
returned for any other reason.<br />
Civil Code Sections: 1793.35, 1810.3, 2982.7<br />
If.;t:ne <strong>complaint</strong> involves a. refund of a deposit or downpayment,<br />
circle #315 - Failll;re To Return Deposit/Payment.-<br />
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