Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

2003

Abstract

As a participant throughout the drafting process for the Uniform Consumer Leases Act ("U.C.L.A." or "the Act"), I believe that the Act deserves serious consideration in the state legislatures to fill gaps in existing consumer protections for consumer lessees. The Act complements the Uniform Commercial Code ("U.C.C.") Article 2A (Leases), which creates a basic legal framework for all leases of goods, commercial and consumer alike, and the federal Consumer Leasing Act, which prescribes advertising and disclosure rules for consumer leases. The U.C.L.A. is also intended to reinforce, or be reinforced by, certain existing state laws, such as those prohibiting unfair or deceptive acts or practices ("U.D.A.P.") laws and "lemon laws," which provide remedies for defective goods. There are scattered existing state laws specifically dealing with consumer leases, some of which are limited to motor vehicle leases. These laws would, for the most part, be repealed if the U.C.L.A. is enacted. The U.C.L.A. can be compared generally to the various state "retail installment sales acts" applicable to credit sales of motor vehicles and other consumer goods. It provides for disclosure of lease terms, restricts (or in some cases requires) certain lease provisions and practices, regulates the process of terminating a consumer lease, and provides an enforcement structure that includes private and public remedies.

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