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Fall 2021
5348 Texas Consumer Law - MARQUEZ, Ryan- 18774

Professor(s): Ryan Marquez (OTHER FACULTY)

Credits: 3

Course Areas: Business and Commercial Law 

Time: 4:00p-5:30p  MW  Location: 144  BLB

Course Outline: In Texas, injured consumers can seek relief under a variety of statutory and common law sources. The primary focus of this course is the main Texas consumer protection statute: the Texas Deceptive Trade Practices Act (DTPA). We will study who may sue under the DTPA; whom may be sued; what conduct the statute prohibits; what defenses defendants can raise; and what remedies the statute provides. In addition to the DTPA, we will discuss Texas warranty law, Texas and federal debt collection law, Texas tie-in statutes, and overview several related federal consumer laws.

This course will reach beyond substantive Texas consumer law. Many of the cases we will discuss involve courts interpreting the DTPA, so this course provides an opportunity to study how courts interpret statutes. Also, we will discuss some policy issues that arise in formulating optimal consumer protection law. Some practical exercises will also be assigned.

The objectives of the course are for you to learn the rules and doctrines of Texas Consumer Law; for you to understand the ethical and professional issues that arise in connection with Texas Consumer Law; and for you to be able integrate the information you learn in this class with other practical and analytical skills necessary to the practice of law. Consumer Law is a part of the Texas Bar Exam.

Course Syllabus:

Course Notes:   Whether this course will be distance education, or will have a physical room assigned, and if so the extent to which the instructor might use the room during the semester, is not determined at the time when registration initially opens for this course.  You may see contrary indications in the UH systems where you actually register for the course.  In other words, this course might be distance education with no use of a physical classroom. It might be the “HyFlex” mode in which some Law Center courses used a physical room during 2020-21. As we get closer to the start of the term/semester for this course, this course note will be updated as decisions are determined. The instructors will be involved in those decisions, but decisions about modalities may not be invariant throughout the term/semester or between now and when the course starts.

Course Material (Required)
Richard M. Alderman, Texas Consumer Law: Cases & Materials (2020/2021 ed.).

Other materials will be posted under “Texas Consumer Law” on “Blackboard”, which may be accessed on the ‘UHLC webpage” under the “Students” link.

Online Statutes
You can access Texas statutes online at: http://www.statutes.legis.state.tx.us/

Attendance
Regular course attendance is required! The Law Center requires students to attend at least 80% of the scheduled classes. You need to attend 23 of the 28 classes to meet the 80% requirement. Students who do not attend 80% of the classes can be automatically dropped from the course. I will keep track of attendance by passing around a sign-in sheet after class starts. It is an Honor Code violation to sign in for another student. In the event that class needs to be rescheduled at any time, I will give you advance warning on the online “Blackboard” or through your law school email address. We will meet 28 times - all postponed/cancelled classes will be rescheduled.

Grading
This is an ordinary University of Houston Law Center course. Accordingly, Law Center policy requires the final grade average for the course be 2.90 – 3.10 on a 4.0 scale. Your grade will be based on a final examination and class participation will also be part of determining your grade. I will call on students each day to discuss the assigned material.

Contact Information/Office Hours
My office phone is (713) 743 - 2169
My email is: rmmarqu2@central.uh.edu
My office is KH213 (office suite next to Krost Hall Auditorium on the Second Floor)

Prerequisites: Yes  Good academic standing.

First Day Assignments:

Final Exam Schedule: 12/13 4pm-7pm  109 BLB    

This course will have:
Exam:
Paper:


Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA 306:

Pass-Fail Student Election: Available