Consumer Protection Guide for Consumer Affairs Counselors ...

Consumer Protection Guide for Consumer Affairs Counselors and

United States Military Servicemembers

Brought to you by the Office of the Tennessee Attorney General and Reporter

Disclaimer

The information contained within this Guide is intended to be used for educational purposes and is not provided as a substitute for legal advice of any kind. To the best of our knowledge, the law contained in this Guide is current through April 2014. As the law is ever-changing, some provisions of this Guide may become outdated or obsolete.

Publication

This Guide is available for download free of charge on the Tennessee Attorney General's Office website listed below. For more information, please contact the Tennessee Attorney General's Office in writing, by e-mail, or by phone.

Tennessee Attorney General's Office Consumer Advocate and Protection Division

P.O. Box 20207 Nashville, Tennessee 37202-0207

Phone: (615) 741-1671 E-mail: consumerdivision@ag.

attorneygeneral

ORIGINALLY PUBLISHED APRIL 2014

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2 Consumer Protection Guide

Dear Consumer Affairs Counselors and Servicemembers,

I want to thank you for your service on behalf of the State of Tennessee and our nation. Servicemembers and their families make great sacrifices to keep our communities safe, our world a better place, and our country free. It is only right that we do everything we can to protect you from unfair and deceptive business practices here at home. The Consumer Affairs Counselors on military bases are an important part of this effort. My hope is this publication will serve as a useful tool in their work.

This publication is intended to be a resource for military staff and servicemembers when dealing with scams and predatory business practices. It covers a wide range of topics, from the Military Lending Act to identity theft to buying cars. Additionally, it highlights a number of military-specific protections in the law.

I would like to thank the Sears Grant Special Committee for providing funding from its Consumer Protection and Education Fund for the creation of this Guide and the National Association of Attorneys General for its assistance.

Robert E. Cooper, Jr. Tennessee Attorney General and Reporter

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Table of Contents

Introduction...................................................................................................................................... 7 Chapter 1: Automobile Issues..........................................................................................................9 Chapter 2: Tennessee Consumer Protection Act............................................................................21 Chapter 3: Military Lending Act....................................................................................................25 Chapter 4: Servicemembers Civil Relief Act.................................................................................29 Chapter 5: Payday Lending and Rent-to-Own...............................................................................41 Chapter 6: Identity Theft................................................................................................................49 Chapter 7: Non-Profit and For-Profit Schools...............................................................................55 Chapter 8: Housing Issues.............................................................................................................63 Chapter 9: Debt Collection............................................................................................................73 Chapter 10: Telephone Solicitation and Consumer Telemarketing Protection..............................79 Chapter 11: Resources for Servicemembers..................................................................................87 Appendix A: Tennessee Motor Vehicle Commission Complaint Form.........................................93 Appendix B: List of Specific Deceptive Acts under the TCPA .....................................................97 Appendix C: Tennessee Division of Consumer Affairs Complaint Form...................................107 Appendix D: Scholarships for Military Families......................................................................... 111 Appendix E: Federal Student Aid for Adult Students.................................................................. 115 Appendix F: Kentucky Attorney General Complaint Form.........................................................121

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Introduction

Servicemembers represent a unique target for consumer scams. They receive paychecks on a regular basis and are targeted by scammers that want to make a quick buck at the servicemember's expense. Servicemembers also face challenges in their ability to research consumer transactions due to the high demands of military service. The stress of service and strain on the family may make consumer protection issues less of a priority in the servicemembers' minds. Additionally, young military members may not have the expertise and experience necessary to guard against scammers and predatory business practices. Often, in military families, the military spouse will be in one location while his or her family is in another. This separation occurs not only when the solider is deployed but also when the solider is scheduled to be moved to a different base in the United States. Protecting servicemembers and their families is crucial to a fair marketplace and important to force readiness. The last thing a deployed soldier needs to be worried about is a problem back home.

Introduction 7

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