Spring 2004-05 Consumer Rights Defense Code under consideration

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Number 55
Spring 2004

Consumer Rights Defense Code under consideration

Senate Bill 2618 proposes adoption of a Consumer Rights Defense Code. Some salient points follow:

All products and services must be accompanied by information on their expected useful life.

Replacement parts must be available for the entire expected useful life period stated.

Repair service must be available for the entire expected useful life period stated.

Contract provisions in small print may be voided.

The burden of proof always shifts in favor of the person defending a consumer right.

Consumers are granted a three-day cooling-off period for telephone and door-to-door contracts.

Abusive clauses are null. The right to increase the price or modify unilaterally a term or condition is given as an example of an abusive clause.

Consumers have the absolute right to prepay, fully or partially, a credit transaction. Such prepayment must result in a proportional reduction in interest.


© 2004 Goldman Antonetti