KNOW YOUR RIGHTS

"CONSUMER PROTECTION"

I. Contracts and credit buying

If you enter into an agreement with a seller or merchant to purchase an item or a service and you will be paying for this service or item over a period of time, you have entered into an arrangement commonly known as "buying on time" or "buying on credit."

Whenever you buy on credit, make sure you know how much your total cost should be. Know how long you will have to make payments and be sure that you can meet them. 'Mere are some terms with which you should be familiar before entering into any kind of credit purchase agreement:

cash price - this tells you what an item would cost if you paid for it completely in cash at the time you bought it;

finance charge - this is the price you have to pay for the privilege of paying over time and in installments. It is added to the cash price;

deferred payment price - this is the total amount that you will pay for the item or service over the installment period (cash price + rmance charge = deferred payment price);

annual peicei.tagetate - this is the rate of interest that you must pay for the privilege of buying on credit and is determined by multiplying any monthly interest rate by twelve.

Before you ever sign a contract to buy an item or service on credit, ask yourself these questions:

1) Do I really want what I am buying?

2) Do I understand the contract I am about to sign?

3) Do I know how much the total price is that I will have to pay?

4) Do I know how many payments I will have to make?

5) Can I get the same thing at another store for a cheaper price?

6) Am I getting any guarantees from the store on this product which I.am buying?

GET ALL GUARANTEES
IN WRITING

II. Debt collections

When you are paying for a product and service on credit and get behind on your payments, a debt collector may call you or write you about these past due payments. No debt collector can unreasonably threaten or abuse you in connection with the collection of any debt. 'Mis includes the use of profane or obscene language, the placement of calls without disclosure of the caller's identity and with the intent to annoy, harass or threaten any person at the called number, or calling repeatedly or at unusual times with the intent to annoy, abuse, or oppress any person at the called number. If you are being harassed, call the consumer protection hotline at........

1-800-368-8808.

III. Consumer remedies

The following practices are prohibited under West Virginia law:

1) Passing of goods or services as those of another;

2) Causing likelihood of confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services;

4) Using deceptive representations or designations of geographic origin of the goods or services;

5) Representing that goods and services are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

7) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another,

                    8) Disparaging the goods, services or violate the business of another by false or misleading representation of fact;

                    9) Advertising goods or services with intent not to sell them as advertised;

                    10) Advertising goods or services with intent not to supply the amount reasonably expected by public demand,                       unless the advertisement discloses a limitation of quantity;

                    11) Making false or misleading statements of fact concerning the reasons for existence of or amounts of price                      reductions;

                    12) Engaging in any other conduct which similarly creates a likelihood of confusion or misunderstanding;

                    13) Concealment of facts, use of deception, fraud, false pretense, false promise or misrepresentation.

                    14) Advertising, printing displaying, publishing, distributing or broadcasting in any manner, any statement or                       representation with regard to sale of goods or the extension of consumer credit which is false, misleading or                      deceptive, or which omits to state material information which is necessary to make the statement not false,                      misleading or deceptive. I

Legal actions against those who violate the business of another by false orlaw may be brought in West Virginia Magistrate Courts. A Magistrate Court handbook is available through the West Virginia State Bar. Complaints can also be lodged with the Better Business Bureau or the Chamber of Commerce.

For more information about consumer remedies, contact a local attorney, your local Legal Aid Society, or, on Tuesday nights, from 6:00 p.m. until 8:00 p.m. the Young Lawyers Section of the West Virginia State Bar sponsors a toll-free hotline available to all citizens of the state of West Virginia. That number is:

1-800-642-3617

Information Provided By:
West Virginia Department of Health & Human Resourcezs, Office of Aging
and The Young Lawyers Section of the West Virginia State Bar