ARTICLE 52. Unfair or Unconscionable Sales Act or Practice - An unfair or unconscionable sales act or practice by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs before, during or after the consumer transaction. An act or practice shall be deemed unfair or uncionscionable wh enever the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions
of the environment or surroundings, induces the consumer to enter into a sales or lease transaction.Grossly inimical to the interests of the consumer or gross one-sided in favor of the producer,manufacturer, distributor, supplier or seller.
In determining whether an act or practice is unfair and unconscionable, the following circumstances shall be considered:
a) that the producer, manufacturer, distributor, supplier or seller took advantage of the inability
of the consumer to reasonable protect his interest because of his inability to understand the
language of an agreement, or similar factors;
b) that when the consumer transaction was entered into, the price grossly exceeded the price at
which similar products or services were readily obtainable in similar transaction by like
consumers;
c) that when the consumer transaction was entered into, the consumer was unable to receive a
substantial benefit from the subject of the transaction;
d) that when the consumer transaction was entered into, the seller or supplier was aware that
there was no reasonable probability or payment of the obligation in full by the consumer.
e) that the transaction that the seller or supplier induced the consumer to enter into was
excessively one-sided in favor of the seller or supplier.
Sunday, May 2, 2010
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