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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 />

-45-

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