The sales manager at Rock n Roll Motorcycles Pty Ltd advertised a 2005 Ducati ‘s
ID: 1155253 • Letter: T
Question
The sales manager at Rock n Roll Motorcycles Pty Ltd advertised a 2005 Ducati ‘speedracer’ as being “in prime working order” for $5,000. The advertisement also included the statement that there were a number of used good condition Kawasaki ‘viper’ motorcycles. They were being sold from $2,000 to $10,000. Marlin ‘Easy Rider’ Brando reads the new advertisement in the local newspaper and the next day visits the shop. At the shop, he realised that, in fact, the Ducati advertised at $5,000 required considerable motor work repairs and there is only one used Kawasaki in store. The next cheapest motorcycle in store was a BMW luxury sports e34443i valued at $25,000. a. State and briefly explain which provisions of the Trade Practices Act have been breached. b. What remedies would be available?
Explanation / Answer
a)
A)In texas, false advertising and price gouging in advance or doing or following disaster are diagraceful and illegal practices . The Texas deceptive trade practice act(DTPA).
What constitutes a violance of the DTPA.
Some of the most common violance include
1) advertising good a or services with intent not to sell them as advertised as above.
2) Making false or misleading statement of facts concerning the need for parts, replacements or repair services.
3)failing to disclose information concerning goods or services which was known at the time of the transaction .
4) The DTPA provides that the laundry list of despective practices found at section 17.46 of Texas business and commerce code.
b)
A) The DTPA also provides a variety of remedied to customers depending on the circumstances.
1) It allows consumers to seek economic damages caused by a defendant.
2. Some times it seeks mental anguish damages in addition to up to three times in his economic damages.
3) the DTPA plaintiffs who prevail at trail can also recover their reasonable attorney's fees and court costs.
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