Crash Course Law in Plain English 3 Branches of government Legislative—Congress—2 houses—Senate—Representatives—Statutes between the states Securities Act 1933 Sherman Antitrust Act Bankruptcy laws Consumer Credit Protection Executive—President—enforce laws Judicial—Courts—Interpret laws—Judges are appointed by the president with approval of the Senate and serve for life. The Federal Reserve System is considered an independent central bank because its monetary policy decisions do not have to be approved by the President or anyone else in the executive or legislative branches of government, it does not receive funding appropriated by the Congress, and the terms of the members of the Board of Governors span multiple presidential and congressional terms. The authority of the Federal Reserve System is derived (stolen and twisted) from statutes (see above) enacted by the U.S. Congress and the System is largely in response to a series of financial panics and is subject to congressional oversight. The Federal Reserve System has both private and public components, and was designed to serve the interests of both the general public and private bankers. The result is a structure that is considered unique among central banks. It is also unusual in that an entity outside of the central bank, namely the United States Department of the Treasury, creates the currency used. This contract was used for a research paper purpose to see how far businesses (scammers) will push intelligence in making informed decisions and disregard for humanities and responsibilities. I never signed the liability disclaimer to validate this contract. After they gave me so much grief I pointed it out to them. Congress is our only defense against such things after careful review of our protections. The banks DO NOT CARE about you or your family and contract is misspelled with reason. PAROLE EVIDENCE RULE extrinsic evidence will not be allowed into evidence to add to, modify, or contradict the terms of a written contract that is fully integrated or complete on its face (Twomey 348). (1) the writing is ambiguous (has more than one meaning), (2) the writing is not a true statement of the agreement of the parties because of fraud, duress, or mistake, or (3) the existence, modification, or illegality of a contract is in controversy. This is a consumer trap. Health Clubs for instance, Quantam Fitness Center contrap Science Fitness, LLC and Bobbi L. Sessions 5/30/12 Payments $39.99 a month for 12 months, I would be allowed one guest a week and access to a personal trainer if needed one day a week but had to schedule an appointment for interview. The young man explained if I had to cancel the membership for any reason before my 30 day free trial ended and that it must be done in writing. Two days later I had a little accident which limited my physical abilities for more than 45 days and landed me in physical therapy so I needed to cancel due to these limitations and professional advice. I hand delivered the notarized cancellation and doctor’s recommendation (the only time I set foot on the premises) only to be told a bill had already been sent out, I needed the bill with the account number on it to fax a copy to them. I did that on the sixth day but on 6/30/12 a phone call informed me that I was still bound and had to have my doctor fax them my medical reports. I was then informed I still had to pay 20% of the balance on the account to cancel at this time. If I move outside the area I’m subject to a $50 fee or 20% of the remainder of the contrap, which ever will be the larger of the two? Even if I died or become permanently disabled 20%, a reasonable fee, would still be collected from my estate or next of kin. (Hmmm.) In reading over the fine print in the contrap, it states the usual about the fitness center not being liable for injuries related to physical participation such as sprains, muscle pulls, etc. in activities, “defective” or misuse of equipment. Five lines down it states you fully agree to release owners, employees, independent contractors or other authorized agents from liability, claims and/or litigation actions for injuries, disability or death even if caused by negligence, gross negligence, intentional acts or omissions and other types of fault by the club or its affiliates. This even applies to the next of kin or possible heirs. (Hmmm.) When I called my doctor and explained that I needed her to fax my medical records to release me from a contract she immediately asked if it was Quantam Fitness. Apparently several others had the same request over the last eight months. I re-read the fine print and found how they had cleverly inserted the “defective” equipment among the common physical injuries suffered from exercise; it can be easily over looked. Page 245 points out a contract only bind the PARTIES to a contract. It CANNOT impose a duty on a person who is not a party to it. So this is why I call it a contrap, it puts a burden on your next of kin based on your signature giving them authorization to do so in the event of your death before fulfillment of the contract. Even if my death resulted from “defective” equipment, gross negligence or anything their fault, they still are beneficiary so to speak of their funds before my family? My family does NOT reserve the right for a wrongful death suit for their gross negligence on defective equipment? This is a consumer credit contract with ABC Financial stated on Line 4. I had intention of using the facilities but tried to cancel in notarized writing and in person before seven days were up to void any financial obligations on the grounds of physical disabilities, to void the contract itself. A rejection terminates an offer (Twomey, p.270). Science Fitness ensured that by the time I was informed to send my medical reports; my account had entered their system for collections. You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address ___It is recommended that you send your cancellation notice by registered or certified mail or statutory overnight delivery, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from the official of the spa acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight___ and must include all contract forms, membership cards and all other documents and evidence of membership previously delivered to you. If the member becomes totally and permanently disabled during the membership term, he may cancel his contract and the health spa is entitled to a reasonable predetermined fee (20%) in such event in an addition to an amount equal to the value of services made available for use. This amount shall be computed by using the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this section, “total and permanent disability” means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent before the commencement of the condition. If you should die, reasonable proof of death is required and predetermined fees and additional amounts to be calculated as previously stated. The creditors make it impossible for consumers to understand the true cost of goods or services until the balance is “paid in full”. Consumer Financial Protection Bureau Section 1031 (d)(1) states they use confusing fonts, misleading organization and ineffective headings (material interference)[ Ting v. AT&T], important disclosures are hard to find. According to Section 1031 (d)(2)(b) this takes unreasonable advantage of the inability of the consumer to protect the interests of the consumer in selecting or using a consumer financial product/service to define abusive practices (Alexander, 2011). It has opened my eyes to how far some will go to get paid no matter what. The sales person tells you that you may cancel your contract at any time. But in reality the written part of the contract says you cannot cancel except for disability or death, proof of such and still a fee for cancellation. A Perfect example of rights without responsibilities, they have all the rights while the dumb consumer has all the responsibilities. Abuse of Process: The use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose not intended by the law. Suing your family for payment constitutes this action. Fraud is a type of criminal activity, defined as: ‘abuse of position’, false representation, or prejudicing someones rights for personal gain’. Undue Influence: A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Virtually any act of persuasion that overcomes the free will and judgment of another, to coerce another into a grossly unfair transaction. Four elements must be shown to establish undue influence; (1) it must be demonstrated that the victim was susceptible to overreaching. Such conditions as mental, psychological, physical disability or dependency may be used to show susceptibility, (2) there must be an opportunity for exercising undue influence. Typically, this opportunity arises through a confidential relationship. Courts have found opportunity for undue influence in confidential relationships between fiancé and fiancée, parent and child, trustee and beneficiary, (3) there must be evidence that the defendant was inclined to exercise undue influence over the victim. Defendants who aggressively initiate a transaction, insulate a relationship from outside supervision, or discourage a weaker party from seeking independent advice may be attempting to exercise undue influence, (4), the record must reveal an unnatural or suspicious transaction (Westlaw, 2013). References Alexander, C. (2011). ABUSIVE: DODD-FRANK SECTION 1031 AND THE CONTINUING STRUGGLE TO PROTECT CONSUMERS. St. Johns Law Review, 85(2), 1105-1145. Twomey, D. (2013). Andersons Business Law and the Legal Environment, Comprehensive Volume (22nd ed). Cengage Learning. Retrieved from digitalbookshelf.southuniversity.edu/books/9781285696683/id/ch 15-
Posted on: Tue, 05 Nov 2013 17:53:50 +0000
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