Mastering Negotiation Tactics Quiz
56 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What happens if 90 or more of the money is going to the owners of the business?

  • The money is partially protected in bankruptcy
  • The money is not protected in bankruptcy (correct)
  • The money is 100% exempt in bankruptcy
  • The money is subject to negotiation in bankruptcy

    • If the money is going to the employees, what is the status of the money in bankruptcy?

  • The money will be 100% exempt in bankruptcy (correct)
  • The money is not protected in bankruptcy
  • The money is subject to negotiation in bankruptcy
  • The money is partially protected in bankruptcy

    • What action did the ghostbusters take to obtain the money they were owed?

  • Offered a discount to the hotel for future services
  • Appealed to the hotel's sense of goodwill
  • Threatened to release the ghosts back into the hotel (correct)
  • Sued the hotel for the owed money

    • Which organizations are mentioned as the three major players in the credit bureaus?

    <p>Equifax, Transunion, and Experian</p> Signup and view all the answers

    What is the primary problem with credit bureaus as mentioned in the text?

    <p>Lack of access and lack of ability to correct errors</p> Signup and view all the answers

    Who were the credit bureaus created by, according to the text?

    <p>Creditors</p> Signup and view all the answers

    What was the primary motivation for Congress to pass the Fair Credit Reporting Act (FCRA)?

    <p>Potential abuses like untrue reports of delinquency</p> Signup and view all the answers

    What permits Congress to pass a law that deals with credit reports?

    <p>The need for confidentiality, accuracy, relevancy, and proper utilization of information</p> Signup and view all the answers

    What was one of the concerns that led to the passing of the Fair Credit Reporting Act (FCRA)?

    <p>Information being based upon hearsay, value judgments, or disputes without the consumer's input</p> Signup and view all the answers

    What was the impact of the case Marquette Nat. Bank of Minneapolis v. First of Omaha on usury laws?

    <p>It led to the exemption of federally incorporated banks from state usury laws</p> Signup and view all the answers

    What was the direct consequence of states getting rid of many of their usury laws?

    <p>Banks were more inclined to incorporate federally</p> Signup and view all the answers

    What was the significance of the case Marquette Nat. Bank of Minneapolis v. First of Omaha in the context of usury laws?

    <p>It led to the decline of state authority in regulating bank interest rates</p> Signup and view all the answers

    What must be present for the Wisconsin Consumer Act to apply to a transaction?

    <p>A consumer transaction involving property, services, or credit for personal, family, or household purposes</p> Signup and view all the answers

    What is the primary purpose of the Wisconsin Consumer Act?

    <p>To require merchants to supply certain disclosures to consumers and regulate merchant debt collection conduct</p> Signup and view all the answers

    What are the consequences for violating the Wisconsin Consumer Act?

    <p>Paying the debtor's attorneys' fees, forgiving the balance due on the debt, reimbursing the debtor for all monies paid to the merchant, and permitting the debtor to keep the contracted-for item free of charge</p> Signup and view all the answers

    What is the significance of the definition of a merchant under the Wisconsin Consumer Act?

    <p>It differs significantly from the UCC definition of a merchant</p> Signup and view all the answers

    Under the Wisconsin Consumer Act (WCA), how many times a month can a creditor contact a debtor without committing a violation?

    <p>Four or five calls per month</p> Signup and view all the answers

    According to the WCA, must a creditor report a debt as disputed when it is reported to a credit reporting agency?

    <p>Yes, the creditor must report the disputed status</p> Signup and view all the answers

    What damages are available to a debtor for a creditor's WCA violation? What's noteworthy about the statutory damages?

    <p>Actual damages and a penalty of at least $100</p> Signup and view all the answers

    Can a creditor seek to collect from a spouse of the debtor in a marital property state under the WCA?

    <p>Yes, as long as notice to the debtor's spouse is provided</p> Signup and view all the answers

    Does a creditor need to prove intent for a WCA violation?

    <p>No, intent does not need to be proven</p> Signup and view all the answers

    Can a debtor recover attorney's fees for a WCA violation by the creditor?

    <p>Yes, reasonable attorney's fees can be recovered</p> Signup and view all the answers

    What is the maximum number of calls per week that is generally considered permissible under the WCA?

    <p>About one call per week</p> Signup and view all the answers

    Must a creditor under the WCA report a debt as disputed when it is reported to a credit reporting agency?

    <p>Yes, the creditor must report the disputed status</p> Signup and view all the answers

    What does the Wisconsin Invasion of Privacy Statute consider as intrusion upon the privacy of another?

    <p>Intrusion in a place that a reasonable person would consider private or in a manner which is actionable for trespass</p> Signup and view all the answers

    Under the Wisconsin Invasion of Privacy Statute, when is the use of a living person's name, portrait, or picture considered an invasion of privacy?

    <p>When used for advertising purposes or for purposes of trade without obtaining written consent</p> Signup and view all the answers

    What kind of publicity concerning the private life of another is considered an invasion of privacy under the Wisconsin Invasion of Privacy Statute?

    <p>Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person</p> Signup and view all the answers

    When is it not considered an invasion of privacy to communicate any information available to the public as a matter of public record?

    <p>When the information is available to the public as a matter of public record</p> Signup and view all the answers

    What statutory sections were allegedly violated by the defendants?

    <p>WIS. STAT. § § 995.50(2)(a) and (c)</p> Signup and view all the answers

    Which section ultimately went to trial?

    <p>WIS. STAT. § § 995.50(2)(a)</p> Signup and view all the answers

    How did the plaintiffs claim there was an invasion of privacy of that section?

    <p>The recording device picked up personal conversations within the Postons’ home, constituting a 'place' violation.</p> Signup and view all the answers

    How did the lower court rule on the plaintiffs' claim?

    <p>The lower court ruled in favor of the plaintiffs, acknowledging the 'place' violation.</p> Signup and view all the answers

    Did the appeals court affirm the lower court ruling? If not, why not?

    <p>No, because the Postons, as lay witnesses, established no competency to testify about the recording capabilities of digital recorders or microphones, or other rational basis for the 'belief' they expressed and which formed the factual basis for their case.</p> Signup and view all the answers

    What's necessary in order to establish a 'place' invasion of privacy?

    <p>“Place is established in a geographical location that a reasonable person would consider private or in a manner which is actionable for trespass.</p> Signup and view all the answers

    What is the primary function of the Fair Debt Collection Practices Act (FDCPA)?

    <p>To provide debtors a means to challenge improper debt collection practices and verify the accuracy of debts</p> Signup and view all the answers

    Under what circumstances is the Fair Debt Collection Practices Act (FDCPA) applicable to a transaction?

    <p>When there is a consumer and a 3rd party debt collector involved</p> Signup and view all the answers

    In which venue is a Fair Debt Collection Practices Act (FDCPA) violation action proper?

    <p>In the judicial district where the real property is located, if real property is involved</p> Signup and view all the answers

    What was the primary reason for Congress to pass the Fair Debt Collection Practices Act (FDCPA)?

    <p>To address the negative impact of abusive debt collection practices on personal bankruptcies, marital stability, job loss, and individual privacy</p> Signup and view all the answers

    Who were the defendants in this case?

    <p>Household Bank and the Dickerson Law Firm</p> Signup and view all the answers

    How did each defendant allegedly violate the FDCPA?

    <p>Household Bank and the Law Firm were both debt collectors, so they could both be liable for statutory violations</p> Signup and view all the answers

    What is required of an attorney before he/she can lawfully send a collection letter?

    <p>The attorney must have some professional involvement with the debtor’s file</p> Signup and view all the answers

    How was the bona fide error defense raised in this case?

    <p>The Bank (Household) raised the defense by asserting that the mistake of hiring Dickerson</p> Signup and view all the answers

    What types of errors will the bona fide error defense always apply?

    <p>Clerical errors such as typos and grammatical errors</p> Signup and view all the answers

    When does the bona fide error defense generally not apply?

    <p>They do not apply to mistake of law defenses because lawyers are supposed to know the law</p> Signup and view all the answers

    How did the 7th Circuit conclude here?

    <p>The 7th Circuit Concluded that Household cannot avail itself of the bona fide error defense</p> Signup and view all the answers

    What is the primary function of the Fair Debt Collection Practices Act (FDCPA)?

    <p>To provide debtors a means to challenge improper debt collection practices</p> Signup and view all the answers

    Under what circumstances is the Fair Debt Collection Practices Act (FDCPA) applicable to a transaction?

    <p>When there is a consumer and a 3rd party debt collector</p> Signup and view all the answers

    How is Congress able to pass a federal law dealing with debt collection?

    <p>Through the Commerce Clause regulating interstate commerce</p> Signup and view all the answers

    Who is licensed to practice law in Virginia and has done so for more than 30 years?

    <p>David D. Dickerson</p> Signup and view all the answers

    Which entity operated under the trade name 'GM Card' and serviced the Bank's credit card portfolio?

    <p>Household Credit Services, Inc.</p> Signup and view all the answers

    Who is comprised of himself, two other attorneys, and some twenty to twenty-five staff assistants?

    <p>David D. Dickerson &amp; Associates</p> Signup and view all the answers

    Who raised the bona fide error defense in this case?

    <p>Household Bank</p> Signup and view all the answers

    What types of errors will the bona fide error defense always apply?

    <p>Clerical errors such as typos and grammatical errors</p> Signup and view all the answers

    When does the bona fide error defense generally not apply?

    <p>Mistake of law defenses</p> Signup and view all the answers

    Who cannot avail itself of the bona fide error defense according to the 7th Circuit?

    <p>Household Bank</p> Signup and view all the answers

    According to the text, who were the defendants in this case?

    <p>Household Bank and the Dickerson Law Firm</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser