...It does not state in the testing practice scenario above, what the state or district policies are for reevaluating a student for special education services. But since the IEP team agreed to the latest IQ score, as well as, agreed that no additional testing or data were necessary, this seems to be a fair testing practice. “Federal law requires that the IEP team review data from a variety of sources, and in the case of reevaluation of a student receiving special services, determine whether enough data exist to support that student’s continued eligibility”, (Overton, 2016, p. 35). The textbook also states, “In such cases, the student is not subjected to comprehensive formal testing to complete the review for continued placement unless her...
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...abiding by the federal laws will only cause them to understand what they need to do, but not why they need to do it. A better approach is to modify the prior one. Expressing compliance in dollars and sense will stimulate compliance. Showing them how much money can be lost in litigation for failing to comply puts a tangible value on acquiescence. Once HR has the buy in of leadership, the next step is to educate the employees who will be engaged in the process providing them with the same information previously given to the higher-ups. “Identify appropriate managers with sufficient authority to assure that effective equal employment opportunity and affirmative action plans, programs and practices are developed and implemented, and measured at least annually” (“Fair employment practices,” 2000). Having executive buy in and enforcement will only help with compliance. Discuss how hiring women and minorities improved Xerox’s profitability. A big advantage of diversifying their employee base the ability to acquire government contracts which were awarded in part as a result of the diverse workforce. These contracts were highly profitable and provided great amounts of capital to allow them to...
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...January 1, 2012 8:52 PM Chapter 44 Lecture Note # 1 by Spring Walton Note edited by Spring Walton on 01/03/2012 08:07PM Chapter 44 Consumer Protection I. Introduction Consumer law issues include those of contracts (including UCC sales), torts, crimes, and product liability, often acting as a backup to the failures and shortcomings of those other areas of the law. All of them provide some measure of consumer protection, yet none stand alone as being complete. They are interdependent and, as such, students must be aware of the big picture of consumer protection. This chapter covers the fourth major set of venues within a quadripartite of remedies available to a wronged or injured consumer. First, there is criminal law. Victims of consumer fraud and similar offenses have always been able to seek state-supported sanctions against wrongdoers. This venue may provide some ephemeral satisfaction for the victim and may even, at least temporarily, protect society from further harm. But criminal law does not truly make the victim whole. As a matter of fact, most of the miscreants convicted of consumer fraud are also judgment proof, i.e., they have no assets from which civil judgments can be satisfied. The second area of consumer protection is found in tort law and the permutations of intentional tort, negligence tort, and strict liability. These remedies can and do provide meaningful substance to civil correction of wrongdoing...
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... whether such person works for the Company on a full-time, part-time, consultative, or temporary basis (each, an "Employee" and collectively, the "Employees"). This Code contains general guidelines for conducting the business of the Company consistent with the highest standards of business ethics, and is intended to qualify as a "code of ethics" within the meaning of Section 406 of the Sarbanes-Oxley Act of 2002 and the rules promulgated thereunder. To the extent this Code requires higher standards than those required by commercial practice or applicable laws, rules or regulations, the Company adheres to these higher standards. 2. Guidelines This Code is designed to deter wrongdoing and to promote: o o o compliance with applicable governmental laws, rules and regulations; honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; and full, fair, accurate and timely disclosure in reports and documents that the Company will file with, or submit to, the U.S. Securities and Exchange Commission (the "SEC") and in other public communications made by the Company. This Code shall be implemented at all levels of hierarchy of the Company. All Employees are responsible for being aware of, adhering to and ensuring that others abide by the Code. 3. Applicable Laws, Regulations and Policies Each Employee has an obligation to comply with the laws of the cities, provinces, regions and countries...
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...Employee Unions, Occupational Safety and Health Administration (OSHA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA). Employee Privacy Federal Law – General Privacy Laws * Driver’s Privacy Protection Act of 1994 – 18 U.S. Code 2721. This law limits disclosures of personal information maintained by the Department of Motor Vehicles. * Electronic Communications Privacy Act of 1986 – 18 U.S. Code sections 2510-2522, 2701-2711, 3121, 1367. This law amends the federal wiretap law to cover different types of electronic communications i.e. e-mail, radio-paging devices, cell phones, private communications carriers, and computer transmissions and extends ban on interception to the communications of wire or electronic communication services and restricts access to stored wired and electronic communication/transaction records. * Family Education Rights and Privacy Act of 1974 (FERPA) – 20 U.S. Code section 1232g. This law restricts the disclosure of educational records. * Fair Credit Reporting Act (FCRA) – 15 U.S. Code sections 1681-1681u. This law promotes accuracy, fairness, and privacy of information gathered by credit bureaus and sold to creditors, employers, and other businesses. * Fair Debt Collection Practices Act – 15 U.S. Code sections 1692-1692p. This is to eliminate abusive debt collection practices by debt collectors and promotes consistent State action to protect consumers against debt collection abuses. * Federal...
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...depiction that is simulated normal or perverted acts according to (Sec. 1703 (b) (2), 20 U.S.C. sec 3601(a) (5) (F). The public libraries association (ALA) made a stand to challenge and add a filtering software to key words leading to sex know websites, although some of the public believed that their First Amendment rights to look and to search items was being taken away. There was no way the library could set their computer to filter was for research only and what was for harmful for children. As of 2014 CIPA allows technology software to be install in all public computers and allows the history to be record to the FBI and other law agencies. Fair Credit Reporting Act 1970: The Fair Credit Reporting know as United States Federal law (15 U.S.C. § 1681) to allow the public information and Fair Debt Collection Practices Act (FDCPA) which was passed in 1970 by the purpose of this act was to insure that banks records report all transactions such as US currency to the Department of Treasury they title this as amendment (VI to the Consumer Credit Protection Act, Pub.L. 90–321, 82 Stat. 146, enacted June 29, 1968). Consumer reporting agencies (CRAs) also works along with the (FDCP to help the public with information about credit evaluation throw channels such as employment and credit bureaus. This type of reporting holds a database in order to verify one truthfulness. The consumer is entitle to receive a copy when their credit information is...
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...Running head: COMMERCIAL CREDIT Commercial Credit Legal Environment of Management Commercial Credit Exchanging services and/or goods in exchange for the promise of future payment has been in existence for centuries. Loans were made as early as 1300 B. C. as securities for mortgages and advance deposits. The first use of open credit in America can be traced back to 1620 with the establishment of the first permanent colony in New England. The Pilgrims spent three years negotiating with England to raise funds for their journey. Soon, a wealthy London merchant struck a deal with the Pilgrims to fund their trip by lending them 1800 British pounds, which today would be equivalent of 2400 US dollars. The terms of this agreement were that all credit advanced and to be advanced would be paid in exchange for the Pilgrims to work for a term of seven years. At the end of the seven year term, payment in full would be made to the merchant, also known as a creditor, based on the size of the initial investment. At end of the seven year period the Pilgrims were unable to settle their debt in full with the England merchant. An alternate agreement was made in which the Pilgrims were required to pay 200 British pounds per year for a term of nine years until paid in full. Unfortunately this arrangement failed as well and was renegotiated. Finally after twenty-five years, the final payment was made to settle the debt in full. The history of this transaction is noted as the first...
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...Brittany Beaulieu September 28, 2015 Creditors & Debtors PA261: Bankruptcy & Creditor/Debtor Law Unit One Assignment Professor Dean Poirier Kaplan University Creditors & Debtors: Rights & Remedies Creditor and debtor fulfill very different roles, and both have their own respective risks and obligations, along with their own personal rights, protections, and remedies. Unfair, deceptive, or abusive debt collection tactics are fairly common, so the federal government has enacted laws specifically for consumer protection. Although these protections are in place for the debtor, the creditor is not exactly at a disadvantage. Just as the debtor has the right to have his payment accepted, the creditor also has the right to receive the payment that was agreed upon. When the contract is broken, the creditor has specific tools at his disposal that can be utilized in a court of law. For example, if the debtor has defaulted, the creditor has the ability to acquire ownership of any collateral on a secured debt (Goel 2014). Or a claim can be filed to move for an order of attachment or garnishment of wages up to 25%, or to file a lien on the debtor’s property (Goel 2014). Additionally, the creditor can also file to initiate foreclosure or even involuntary bankruptcy of the debtor (FindLaw 2015). The creditor is fully within his rights to move against the debtor legally to recoup the debt. He has an arsenal of valid legal tactics to exercise against the...
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...regards to who wins the suit, Rent-A-Center would win. This is based upon the original agreement that Ms. Givens and Rent-A-Center entered into. It was a rental agreement. Rental agreements are not considered consumer leases, as a result, the case more than likely will be dismissed. 26.7 Fair Debt Collection In reviewing the facts of the case, here is what we know: Mr. Juras was a student at Montana State University. He took out student loans to help pay for his tuition from the school. At the end of his time with the school, he had an outstanding balance of over $5000. Mr. Juras would later default on these loans. The school would then sell the debt to Aman Collection Services. Aman would win judgment against Mr. Juras, which he refused to pay. Mr. Juras would later move to California. A VP from Aman, called Mr. Juras before 8 am PST twice stating that if the debt was not satisfied, he would not receive his college transcript. Mr. Juras would sue Aman stating that the subsequent calls before 8 am violated the Fair Debt Collection Practices Act. The VP of Aman, Mr. Gloss stated that he forgot about the time difference when he made those calls. Under the Fair Debt Collection Practices Act, debt collectors are forbidden from using threatening, false, and or misleading representations in order to gain payment. Mr. Gloss threatened Mr. Juras that he...
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...12-7 An implied warranty is one that derives by implication or inference because of the circumstances of a sale. In an action based on breach of implied warranty it is necessary to show that an implied warranty existed and that the breach of the warranty proximately caused the damage sustained. An implied warranty of merchantability, is a warranty that goods being sold or leased are reasonably fit for the general purpose for which they are sold or leased, are properly packaged and labeled, and are of proper quality. Merchantable goods warranty- Goods that are merchantable are “reasonably fit for the ordinary purposes for which such goods are used.” They just be of at least average, fair, or medium grade quality. The quality must be comparable to a level that will pass without objection in the trade or market for goods in the same description. The warranty of merchantability may be breached even though the merchant did not know or could not have discovered that a product was defective. Merchantable foods warranty- The UCC recognizes the serving of food or drink to be consumed on or off the premises as a sale of goods subject to the implied warranty of merchantability. Warranties implied from prior dealings or trade custom- Implied warranties can also arise as a result of course of dealing or usage of trade. In the absence of evidence to the contrary, when both parties to a sales or lease contract have knowledge of a well-recognized trade custom, the courts will infer...
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...Are There Many Consumer Rights? Consumer rights are is all about making sure that when something is bought, lost, stolen or found, or a service has been paid for and has not been provided, that the consumer has some basic rights that will protect them. The law says that when buying goods they should be of satisfactory quality, must be fit for the purpose they made for, and match their description. Today in the whole world many countries offer consumer rights where as some don’t which gives the consumer except accepting the product or service. There are many consumer rights especially in United States. This could be seen by the consumer rights offered and the protection granted by federal laws to consumers. This could be also supported by the lawsuits filed by different consumers. There are many rights of consumers like consumers are allowed to cancel a contract or purchase the claim back the money if it is more than Dollar Fifty. Some of the rights include that “Misrepresentation is illegal” (What). Deliveries must be done on time or the consumer has the right to cancel the order if it does not arrive within 30 days. Consumers have the right to get a refund if you paid with your credit card if there is a billing error or charges for something that has not been shipped. Consumers’ also have the right to cancel the sale if a person went with sales person’s suggestion but was not satisfied with the product. Many consumers changed to a different network for their cell phones...
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...This paper explains the federal Fair Debt Collection Practices Act (FDCPA) and other laws that apply to debt collectors. This paper will provide information about how to stop calls from collectors and how to correspond with them about your account or to dispute a collection action. This paper also explain one’s right to privacy, and how debt collection efforts may affect your job, your credit report, even information in your medical files. This paper will also reflect from the business owner’s aspect and how debt collection agencies can affect their business, especially if the collection agency is not following the law as they should. Why are you being contacted by a collection agency? It usually means that a creditor has not received payment from you for several months. They have negotiated with another company or are using an in-house affiliate called a debt collector to attempt to get you to pay. Third party collectors often purchase your debt for less than you owe, and your debt is now owned by the collector. A collector may also work for the creditor in return for a fee or a percentage of any money collected. In-house collectors that are affiliated with the original creditor work on behalf of the company directly. Because the creditor has taken a loss on your account or because you are late with making payments, this negative information may show up on your credit report. Often the first contact with the debt collector is a telephone call from a representative, a prerecorded...
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...notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: * What the money you say I owe is for; * Explain and show me how you calculated what you say I owe; * Provide me with copies of any papers that show I agreed to pay what you say I owe; * Provide a verification or copy of any judgment if applicable; * Identify the original creditor; * Prove the Statute of Limitations has not expired on this account; * Show me that you are licensed to collect in my state; and * Provide me with your license numbers and Registered Agent. If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: * Violation of the Fair Credit Reporting Act * Violation of the Fair Debt Collection Practices Act * Defamation...
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...To Whom It May Concern: Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (Equifax, Experian, Trans Union), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following. Violation of the Fair Debt Collection Practices Act Defamation of Character I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide...
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...Chapter 44 Consumer Law MULTIPLE CHOICE QUESTIONS A1. Through unfair trade practices, Super Sales Company induces Trey and other consumers to enter into one-sided deals. This may be subject to sanctions under a. federal and state law. b. federal law only. c. no law, according to the principles of freedom to contract. d. state law only. ANSWER: A PAGE: 905 TYPE: N NAT: AACSB Reflective AICPA Legal B1. Through careless manufacturing practices, Insta-Market Company makes and sells unsafe products to Jess and other consumers. This may be subject to sanctions under a. federal and state law. b. federal law only. c. no law, according to the principles of freedom to contract. d. state law only. ANSWER: A PAGE: 905 TYPE: N NAT: AACSB Reflective AICPA Legal A2. Frosty’s Appliance Store advertises freezers at a “Special Low Price of $299.” When Garth tries to buy one of the freezers, Huey, the salesperson, tells him that they are all sold and no more are obtainable. Huey adds that Frosty’s has other freezers for $2,299. This is a. a legitimate sales technique. b. bait-and-switch advertising. c. counteradvertising. d. puffery. ANSWER: B PAGE: 906 TYPE: = NAT: AACSB Reflective AICPA Legal B2. Orange Company makes computers. The company’s ad states that “if you aren’t eatin’ an Orange, you aren’t gettin’ any ‘C.” ” The...
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