Spannaus, Warren R.

Mitchell Hamline School of Law

William Mitchell Law ReviewVolume 4 | Issue 2 Article 121978Minnesota Consumer Law Handbook. By Roger S.HaydockWarren R. SpannausFollow this and additional works at: http://open.mitchellhamline.edu/wmlrThis Book Review is brought to you for free and open access by the LawReviews and Journals at Mitchell Hamline Open Access. It has beenaccepted for inclusion in William Mitchell Law Review by an authorizedadministrator of Mitchell Hamline Open Access. For more information,please contact sean.felhofer@mitchellhamline.edu.© Mitchell Hamline School of LawRecommended CitationSpannaus, Warren R. (1978) "Minnesota Consumer Law Handbook. By Roger S. Haydock," William Mitchell Law Review: Vol. 4: Iss. 2,Article 12.Available at: http://open.mitchellhamline.edu/wmlr/vol4/iss2/12BOOK REVIEWSMINNESOTA CONSUMER LAW HANDBOOK. By Roger S. Haydock.tSt. Paul, Minnesota: North Central Publishing Company. 1977.Pp. viii, 120. $3.50 (paperbound).Reviewed by Warren R. SpannausttA few decades ago, consumers were virtually powerless in theirtransactions with businesses. If a consumer was tricked into pur-chasing a defective product or paying an exorbitant price, or wasotherwise deceived, little could be done about it. The rule ofcaveat emptor-"let the buyer beware"-was universally recog-nized but unchallenged.However, in recent years there have been significant improve-ments in the rights of consumers when they deal with businesses.As the concept of consumer rights has gained acceptance in thepast several years, we have seen the passage of several importantpieces of consumer protection legislation, both at the federal, andstate' levels. Consumers have been given rights that enable themto deal with business on a more equal footing in the marketplaceand to protect themselves.While government has a key role to play in consumer protectionand the attorney general's office has been given significant au-thority to ensure the enforcement of our consumer protectionlaws,3 their ability to protect consumers is limited.The progress we have made in consumer protection will be oflittle value if consumers are unaware of their rights and how toassert them. The Minnesota Consumer Law Handbook by Profes-sor Roger Haydock attempts to solve the problems posed by con-t Professor Haydock received his A.B. in 1967 from St. Mary's College and his J.D. in1969 from DePaul University. He is an Associate Professor of Law and Clinical Directorat William Mitchell College of Law.tt Attorney General, State of Minnesota. Mr. Spannaus received his B.B.A. from theUniversity of Minnesota in 1958 and his J.D. from the University of Minnesota Law Schoolin 1963. He was elected attorney general in 1970 and reelected in 1974.1. See, e.g., Consumer Credit Protection Act, 15 U.S.C. §§ 1601-1691 (1976), asamended by Act of May 23, 1977, Pub. L. No. 95-30, § 501(e), 91 Stat. 161; ConsumerProduct Safety Act, 15 U.S.C. §§ 2051-2081 (1976); Magnuson-Moss Warranty-FederalTrade Commission Improvement Act, id. §§ 2301-2312.2. See, e.g., MINN. STAT. §§ 325.771-.776 (1976) (deceptive trade practices); id. §§325.821-.824 (odometer tampering); id. §§ 325.92-.925 (unsolicited goods); id. §§ 325.933-.938 (home solicitation sales); id. §§ 325.94-.944 (consumer credit sales); id. §§ 325.951-.954 (consumer warranties); id. §§ 325.96-.965 (club contracts).3. See id. § 325.907 (1976).1Spannaus: Minnesota Consumer Law Handbook. By Roger S. HaydockPublished by Mitchell Hamline Open Access, 1978WILLIAM MITCHELL LAW REVIEWsumers' lack of information concerning their rights and responsi-bilities. It provides consumers with a comprehensive outline oftheir rights, in a form that is understandable yet not overly sim-plistic.The subtitle, "Your Practical Guide to Legal Rights and Reme-dies for Minnesota Consumers," emphasizes two of the book'simportant features. First, the handbook is designed as a guide forconsumers to their rights in the marketplace. It is aimed at pro-viding information to consumers directly. The handbook is notintended as a reference work for attorneys, although it might wellbe very useful to attorneys. Second, the handbook discusses con-sumers' remedies as well as their rights. It informs consumers ofthe methods they can employ to translate their rights into favor-able responses from the businesses and individuals with whomthey deal.By discussing consumers' remedies, the handbook does morethan simply inform consumers of their rights, a subject to whichtoo many publications limit themselves, with the result that con-sumers are left "in the dark" as to how to ensure that their rightsare respected. This book provides consumers with practical infor-mation that will enable them to guarantee their rights as consum-ers.Haydock's 120-page handbook deals with consumers' rightsunder both state and federal law. Basic common law principlesare also discussed, giving the reader a basic understanding of theprinciples that govern many of a consumer's daily transactions.The first chapter discusses contracts. It begins by setting outthe principles of the formation of contracts, the terms of a con-tract and the enforceability of a contract.' The handbook thendiscusses various specialized contract areas, including door-to-door sales5 and contracts with buying clubs or health clubs.6These are areas in which Minnesota law provides consumers witha three-day "cooling off" period and other rights.7 The chapter oncontracts illustrates to consumers that they enter into contractsdaily, not merely when they sign legal documents, and it clarifiesfor them the terms and importance of these contracts.Next the handbook discusses warranties. Haydock sets out the4. See R. HAYDOCK, MiNEsO'rA CONSUMER LAW HANDBOOK 2-6 (1977).5. See id. at 6-8.6. See id. at 8.7. See MINN. STAT. §§ 325.933-.938 (1976) (door-to-door sales); id. §§ 325.96-.965 (clubcontracts).[Vol. 42William Mitchell Law Review, Vol. 4, Iss. 2 [1978], Art. 12http://open.mitchellhamline.edu/wmlr/vol4/iss2/12BOOK REVIEWSvarious types of warranties, explaining written, oral, express andimplied warranties. The handbook explains in an understandableway the differences between those situations in which a salesper-son creates an express warranty and those in which the salesper-son's statements may be regarded as only "sales puffing."' Therequirements of the federal Magnuson-Moss Warranty Act9 areoutlined briefly, 10 and Minnesota's recently passed new-homewarranty statute" is discussed. 2 The strongest feature of thischapter is the discussion of remedies available for breach of war-ranty with concrete examples of each remedy. 13 These examplesprovide consumers with useful information on how to apply theabstract concept of warranties to situations which they encounterdaily.The chapter on credit briefly discusses loans, mortgages, in-stallment contracts, credit cards and interest rates. The hand-book explains generally the laws that apply to credit applica-tions,' the required notices of a denial of a credit application15and the methods consumers may use to investigate their owncredit ratings."-The fourth chapter, which deals with collection methods, setsforth what a creditor or a collection agency may and may not doin an effort to collect a debt. The handbook explains to consumerstheir rights in such areas as repossessions,' 7 wage assignments,'8garnishments," executions, levies and attachments. 2° By provid-ing consumers with information such as what collection methodsexceed the bounds of law and what income is exempt from gar-nishments, the handbook plays a useful role in an area in whichoverreaching often occurs.The most useful chapter is probably the fifth, entitled "WhatYou Can Do." In this chapter Haydock illustrates for consumershow to complain effectively, to whom to complain and what infor-8. See R. HAYDOCK, supra note 4, at 19.9. 15 U.S.C. §§ 2301-2312 (1976).10. See R. HAYDOCK, supra note 4, at 14-18.11. MINN. STAT. §§ 327A.01-.07 (Supp. 1977).12. See R. HA.:ocK, supra note 4, at 23-24.13. See id. at 24-29.14. See id. at 39-43.15. See id. at 41.16. See id. at 55-56.17. See id. at 61-64.18. See id. at 64.19. See id. at 67-70.20. See id. at 71.197813Spannaus: Minnesota Consumer Law Handbook. By Roger S. HaydockPublished by Mitchell Hamline Open Access, 1978WILLIAM MITCHELL LAW REVIEWmation to include in written or oral complaints.2 He also includesseveral sample complaint letters, which will be helpful to con-sumers. The handbook sets out the various state, federal andprivate agencies that handle consumer complaints, includingaddresses, telephone numbers and brief descriptions of the of-fices.23This chapter also includes information on how consumers mayrespond as defendants in lawsuits. The methods of suing in con-ciliation court and collecting on conciliation court judgments areexplained in simple terms.24 Haydock is careful to make clear toconsumers that there are some situations that are too complex tobe handled effectively by a layperson and may therefore requirehiring an attorney to represent the consumer's interests.25The fifth chapter exemplifies Haydock's continuing emphasison consumers' remedies when their rights have been violated.The final two chapters deal with debts and sales between con-sumers. The chapter on debts discusses financial difficulty andhow consumers should respond when faced with debts they areunable to meet. The chapter on sales between consumers consid-ers such topics as contract terms in private sales, advertising ofprivate sales, warranties and sales taxes. 26 The handbook givesspecial attention to private sales of automobiles. 2 Although theyare probably of less importance to consumers than the initial fivechapters, the final two chapters provide important information intwo areas in which the average consumer lacks information.Minnesota Consumer Law Handbook does an excellent job ofaccomplishing its purpose. By considering the effects of Minne-sota, federal and the common law on the rights and remedies ofMinnesota consumers, the handbook gives consumers a compre-hensive view of their rights. Since the book is directed to consum-ers, it is written in a manner that is understandable to the layper-son. The book's emphasis on remedies increases its practical use-fulness to consumers.Any weaknesses the handbook has are due mainly to its limitedpurpose. It tends to adopt a "black and white" approach in manycases in which a more complex discussion would technically be21. See id. at 77-79.22. See id. at 80-84.. 23. See id. at 92-100.24. See id. at 86-92.25. See id. at 101-02.26. See id. at 111-13.27. See id. at 115-16.[Vol. 44William Mitchell Law Review, Vol. 4, Iss. 2 [1978], Art. 12http://open.mitchellhamline.edu/wmlr/vol4/iss2/1219781 BOOK REVIEWS 497more accurate. However, because the handbook is directed tolaypersons, this "black and white" approach is probably the mosteffective way to present the material.The Minnesota Consumer Law Handbook, as its subtitle indi-cates, is truly a "practical guide to legal rights and remedies forMinnesota consumers."5Spannaus: Minnesota Consumer Law Handbook. By Roger S. HaydockPublished by Mitchell Hamline Open Access, 1978

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