Ch. 11. _ Deceptive Trade Practices and Consumer Protection Act _ Quiz

9. Unconscionable actions in the DTPA is a vague term that allows the courts to a. use their discretion in deciding cases where persons have been tricked or swindled. b. use whatever measure they deem appropriate when deciding all DTPA cases. c. ignore other DTPA cases in their decisions. d. apply strict guidelines to DTPA cases.

a. use their discretion in deciding cases where persons have been tricked or swindled.

2. Which statement is NOT true with respect to the Texas DTPA? a. A licensee can safely rely on a written and signed waiver. b. There is no requirement that the offending party intended to deceive. c. To prevail, the injured party must be a consumer as defined in the act. d. A written offer of settlement is some defense.

a. A licensee can safely rely on a written and signed waiver.

3. Which is NOT an example of damages available under the Texas DTPA? a. Economic damages b. Mandatory four times the actual damages c. Court costs and attorney fees d. Three times the economic damages

b. Mandatory four times the actual damages

8. When a real estate salesperson licensee has been found guilty of a DTPA violation, the court a. can suspend or revoke the license of the salesperson. b. cannot suspend or revoke the license of the salesperson. c. can suspend or revoke the license of the sponsoring broker. d. can suspend or revoke the licenses of both the salesperson and the sponsoring broker.

b. cannot suspend or revoke the license of the salesperson.

7. To be considered a violation of the DTPA, it is a. not necessary for a consumer to prove that the licensee intended to deceive or misrepresent the facts. b. necessary for a consumer to prove that the licensee intended to deceive or misrepresent the facts. c. not necessary for the court to prove that the licensee intended to deceive or misrepresent the facts. d. necessary for the court to prove that the licensee intended to dece

b. necessary for a consumer to prove that the licensee intended to deceive or misrepresent the facts.

6. All of the following are included in the DTPA definition of the term consumer EXCEPT a. individuals. b. partnerships and corporations. c. business consumers with assets of $25 million or more. d. the State of Texas.

c. business consumers with assets of $25 million or more.

5. Which of the following is provided by the Texas Deceptive Trade Practices—Consumer Protection Act? a. A reasonable offer of settlement made within specified time limits is some defense. b. Transmittal of written information prepared by others, along with a written statement of reliance on such information, is a defense. c. Recovery of court costs and attorney fees is possible if the lawsuit is frivolous or harassing. d. All of the above.

d. All of the above.

1. The DTPA prohibits as unlawful all of the following EXCEPT a. false acts. b. misleading acts. c. deceptive acts. d. moral acts.

d. moral acts.

10. All waivers of rights under the DTPA are a. automatically unenforceable by the court. b. automatically enforceable by the court. c. legal and cannot be interpreted by the court. d. subject to the consideration of the court.

d. subject to the consideration of the court.

4. In defending against a DTPA case, licensees using the timely written notice defense must include all of the following EXCEPT a. that they must have given written notice to the consumer prior to consummation of the sale that the broker was relying on this written notice. b. that they must have received the information in writing. c. that they must establish that they did not and could not know that the information was false or inaccurate. d. that they must produce evidence that three independent sources were consulted before the written notice was submitted to the consumer.

d. that they must produce evidence that three independent sources were consulted before the written notice was submitted to the consumer.