Today I found out how you can get out of all boot charges, and that involves having the client die. I went out to my car today to find a boot on it. Over about 2 or 3 years I received a number of dumb ticket for parking "in an alley" (not true, the "alley" is actually a private drive and not part of the city), for not having a current registration (my mom forgot to give me the paperwork, she had terminal cancer), and silly me, I just mailed in the evidence (which I think they just toss away), thinking everything was okay (though I know they post this on the internet someplace).
Meanwhile she continues to get the notices but isn't interested any longer in the problems of life.
So I got a boot. But with a copy of a certified death certificate, which they fax and review some place, I have no idea, they did in fact take off the boot and I don't believe there are any charges against the car any longer.
Yeah.
So remember, if the owner of the car dies, you can get those dumb tickets dismissed and all you need is a copy of a death certificate.
It takes about an hour or so them to do this, and I don't know why, but be prepared to spend some time at your local facility.
Sunday, November 20, 2011
Saturday, July 2, 2011
Trademarks and Your WebPage
On Trademarks, Copyrights and Your Webpage.
Generally, I advise clients first to file on the products they sell, and then on the services of selling the products. If you are just running a blog, unfortunately you can’t even get a service mark on that, because those services are provided for free. But if your blog links to a website that shows the customer your recommended products and those are sold, THEN you can obtain a service mark for that blog.
If you hand out pamphlets for free you cannot obtain a service mark or trademark registration. But if you sell them, then you can get trademark and service mark protection.
Next, you should probably file on the typeface form of your mark because then you will be able to use it in any form. If you file on stylized lettering or include a logo, if you change the style of lettering or logo, that changes the commercial impression of the mark and you will have to abandon your old registration if you will no longer be using it and then file on a new trademark registration. If your corporation is well capitalized and finanacially able to do so, you would file on all three versions of the mark 1) the typeface form; 2) the stylized letters, if any; and 3) the mark and design. You should always use the mark in the same manner on all your products and services and in advertising, packaging, labeling, etc. for the strongest protection. This creates the strongest commercial impression among your consumers.
Before you put that circle-R on anything, be sure your mark is registered for those goods and services. If you are expanding your product line, it is fraudulent to use this designation if you do not have the actual registration listing those exact goods in hand, so make sure you do this before you put that circle-R on your new product labels.
If you have a free blog, you are not entitled to service mark protection for that blog. And if you have obtained a registration for that blog, the registration maybe invalid because protection is only available if the customer pays for the product or service. There must be a link.
The mark should always be used in connection with the legal name of the trademark owner. For example, if you mark is SWEETNESS as used on a car, the name of the corporation owning the mark should be used on the product and if you have a webpage, the mark SWEETNESS should be used with the picture of the car and somewhere on the page it should have the legal name of the corporation owning the mark, as shown in the trademark registration. If the mark is owned by a separate entity, say a trademark holding company, or an individual’s name (there are some tax benefits to this, namely, intellectual property royalties are treated the same as long term capital gains and are not ordinary income), a written license must be completed and filed with the USPTO. Otherwise the mark may be invalid under the doctrine of “naked licensing.”
Talk to your trademark attorney regarding these issues.
Generally, I advise clients first to file on the products they sell, and then on the services of selling the products. If you are just running a blog, unfortunately you can’t even get a service mark on that, because those services are provided for free. But if your blog links to a website that shows the customer your recommended products and those are sold, THEN you can obtain a service mark for that blog.
If you hand out pamphlets for free you cannot obtain a service mark or trademark registration. But if you sell them, then you can get trademark and service mark protection.
Next, you should probably file on the typeface form of your mark because then you will be able to use it in any form. If you file on stylized lettering or include a logo, if you change the style of lettering or logo, that changes the commercial impression of the mark and you will have to abandon your old registration if you will no longer be using it and then file on a new trademark registration. If your corporation is well capitalized and finanacially able to do so, you would file on all three versions of the mark 1) the typeface form; 2) the stylized letters, if any; and 3) the mark and design. You should always use the mark in the same manner on all your products and services and in advertising, packaging, labeling, etc. for the strongest protection. This creates the strongest commercial impression among your consumers.
Before you put that circle-R on anything, be sure your mark is registered for those goods and services. If you are expanding your product line, it is fraudulent to use this designation if you do not have the actual registration listing those exact goods in hand, so make sure you do this before you put that circle-R on your new product labels.
If you have a free blog, you are not entitled to service mark protection for that blog. And if you have obtained a registration for that blog, the registration maybe invalid because protection is only available if the customer pays for the product or service. There must be a link.
The mark should always be used in connection with the legal name of the trademark owner. For example, if you mark is SWEETNESS as used on a car, the name of the corporation owning the mark should be used on the product and if you have a webpage, the mark SWEETNESS should be used with the picture of the car and somewhere on the page it should have the legal name of the corporation owning the mark, as shown in the trademark registration. If the mark is owned by a separate entity, say a trademark holding company, or an individual’s name (there are some tax benefits to this, namely, intellectual property royalties are treated the same as long term capital gains and are not ordinary income), a written license must be completed and filed with the USPTO. Otherwise the mark may be invalid under the doctrine of “naked licensing.”
Talk to your trademark attorney regarding these issues.
Saving Money on Legal Fees for Businesses
Cutting Legal Fees for Corporations and Businesses.
If you’re a a business or corporation and you are interested in saving on legal fees, here are a few tips for you:
1) Look for a law firm that posts on their website their flat fees and policies. Many times you can negotiate these fees even lower, especially if you have a number of projects.
2) Lawyers really aren’t supposed to bill for reviewing documents, especially if they are short. Ask for that to be taken off the bill. They should only be billing for writing their opinion or emails.
3) Big firms charge for things like secretarial services, organizing your files, and all sorts of things. There’s nothing worse than getting a bill for $50 per hour for some secretary typing up a letter, an email or even a contract. Ask for that to be removed.
4) Fax and copy charges. Lawyers provide fax, scanning and copy services as a convenience to their clients. Some clients use these items more than others. But there’s no reason to pay 50 cents or 75 cents per page for things that are often all electronic. Some firms even bill for print outs on the network laser printer. Ask that copy, scan and fax charges be cut to what Kinko’s charges.
5) You have the right to know if the firm puts a surcharge on postage and other disbursements. Ask that all surcharges be removed from your bill. You have the right to original receipts. If you think there is a problem, just ask.
6) Look for firms that put the basics on their website so you don’t always have to email your lawyer or call him or her about simple questions such as the basic procedure for filing and preparing documents. Most lawyers like to talk about themselves and their achievements on their websites. Better lawyers put up information to help the client understand what s/he needs to do to assist the lawyer and what will happen and what the charges will be. Pay careful attention to the billing practices and policies page, and if there isn’t one, ask for one.
7) If you are doing litigation, lawyers aren’t supposed to charge for excessive amounts of time spent on legal research. They are supposed to know the basic law and then research for only the latest case updates. Be sure to ask that you will only be charged 6 hours or less for basic case updating on each legal motion or project. If the case law is complex or intricate, this may not work. For example patent cases on dismissing a case for failure to join the inventor are more complex than searching for cases on basic contract law.
8) Get your corporate fees and entities under control. Be sure you are not forming more corporations, esp. LLC’s than you actually need to accomplish a particular purpose. If you make your corporate name the same as your products and services, you can save some money by having to file for and pay the assumed name fee. Also, LLC’s cost more to file and maintain than standard corporations. Always ask your attorney why he or she is filing an LLC and if there’s no good reason, ask for a standard corporate filing. LLC’s were offered as a way to allow flexibility in the formation and start of a corporation. Some companies start off more as partnerships and then advance to full corporate limited liability. Don’t let the name “LLC” fool you. If you have structured your business like a partnership and not a corporation, this invokes the doctrine of personal liability. But if you move your LLC more toward the corporate end with corporate officers and corporate formalities, By Laws that state that no personal liability is intended, etc., then personal liability should not attach.
The problem is, you could spend a lot of money trying to prove this in court. Your lawyer should explain this disadvantage to you. A standard corporation is cheaper to file and maintain and if you follow corporate formalities and obtain adequate business insurance, then insulation from personal liability should not be an issue.
9) If you’re not making any money, or much money (more than $200,000 for each corporate officer), then consider filing an NFP. Those are extremely cheap to file and maintain. (At this current writing, $50 to incorporate and $25 per year for the annual report.) Most small businesses don’t make that much money, and if your purpose is educational, medical, or something that could be classified or directed that way, then an NFP is for you. If you want donations that are tax deductible, you will need to get a 501(c)(3) too, but that is not required.
Good luck on saving money on legal fees!
If you’re a a business or corporation and you are interested in saving on legal fees, here are a few tips for you:
1) Look for a law firm that posts on their website their flat fees and policies. Many times you can negotiate these fees even lower, especially if you have a number of projects.
2) Lawyers really aren’t supposed to bill for reviewing documents, especially if they are short. Ask for that to be taken off the bill. They should only be billing for writing their opinion or emails.
3) Big firms charge for things like secretarial services, organizing your files, and all sorts of things. There’s nothing worse than getting a bill for $50 per hour for some secretary typing up a letter, an email or even a contract. Ask for that to be removed.
4) Fax and copy charges. Lawyers provide fax, scanning and copy services as a convenience to their clients. Some clients use these items more than others. But there’s no reason to pay 50 cents or 75 cents per page for things that are often all electronic. Some firms even bill for print outs on the network laser printer. Ask that copy, scan and fax charges be cut to what Kinko’s charges.
5) You have the right to know if the firm puts a surcharge on postage and other disbursements. Ask that all surcharges be removed from your bill. You have the right to original receipts. If you think there is a problem, just ask.
6) Look for firms that put the basics on their website so you don’t always have to email your lawyer or call him or her about simple questions such as the basic procedure for filing and preparing documents. Most lawyers like to talk about themselves and their achievements on their websites. Better lawyers put up information to help the client understand what s/he needs to do to assist the lawyer and what will happen and what the charges will be. Pay careful attention to the billing practices and policies page, and if there isn’t one, ask for one.
7) If you are doing litigation, lawyers aren’t supposed to charge for excessive amounts of time spent on legal research. They are supposed to know the basic law and then research for only the latest case updates. Be sure to ask that you will only be charged 6 hours or less for basic case updating on each legal motion or project. If the case law is complex or intricate, this may not work. For example patent cases on dismissing a case for failure to join the inventor are more complex than searching for cases on basic contract law.
8) Get your corporate fees and entities under control. Be sure you are not forming more corporations, esp. LLC’s than you actually need to accomplish a particular purpose. If you make your corporate name the same as your products and services, you can save some money by having to file for and pay the assumed name fee. Also, LLC’s cost more to file and maintain than standard corporations. Always ask your attorney why he or she is filing an LLC and if there’s no good reason, ask for a standard corporate filing. LLC’s were offered as a way to allow flexibility in the formation and start of a corporation. Some companies start off more as partnerships and then advance to full corporate limited liability. Don’t let the name “LLC” fool you. If you have structured your business like a partnership and not a corporation, this invokes the doctrine of personal liability. But if you move your LLC more toward the corporate end with corporate officers and corporate formalities, By Laws that state that no personal liability is intended, etc., then personal liability should not attach.
The problem is, you could spend a lot of money trying to prove this in court. Your lawyer should explain this disadvantage to you. A standard corporation is cheaper to file and maintain and if you follow corporate formalities and obtain adequate business insurance, then insulation from personal liability should not be an issue.
9) If you’re not making any money, or much money (more than $200,000 for each corporate officer), then consider filing an NFP. Those are extremely cheap to file and maintain. (At this current writing, $50 to incorporate and $25 per year for the annual report.) Most small businesses don’t make that much money, and if your purpose is educational, medical, or something that could be classified or directed that way, then an NFP is for you. If you want donations that are tax deductible, you will need to get a 501(c)(3) too, but that is not required.
Good luck on saving money on legal fees!
Thursday, March 24, 2011
Homeowners Assn Orders sick, elderly woman to demolish her foundation
Lake Summerset v. Sharp
A full description of the case will be posted separately.
attached is a synopsis of my case.
Yesterday, a Rockford Circuit Court Judge, Judge Prochaska, dismissed my Counter Defendant's claim under the ADA (ruled that a major homeowner's association was NOT functioning like a "mini government" -- though it was, it provided water, sewer, roads--a large gated community. So he dismissed Defendant's ADA claim with prejudice.
the FFHAA and the Illinois Human Rights Act did not apply because the court did not understand how the relief sought--decking over the property and preserving it until it could be rebuilt would "ameliorate her condition"--a necessary element. so Judge Prochaska dismissed these claims, with prejudice.
Defendant's home burned down in April 2008. She tried unsuccessfully to hire contractors to rebuild, but for a variety of reasons the deals fell thru. Plaintiff spent $12,000 repairing the foundation to the home and purchased logs for $50,000 to rebuild her home. The homeowners association rules said she had to rebuild in 3 months. Plaintiff HOA--Lake Summerset Homeowners Association sued to demo the foundation to the home because it had not been rebuilt in 3 months. Defendant, an 80 year old bed ridden woman with bone/blood cancer (multiple myeloma) and in need of chemo therapy to keep it in remission was undergoing chemotherapy that required treatments twice a week for two weeks and then one week off and this would likely continue for 3 to 5 cycles (3 to 5 months). She had a doctor's statement that she was not to under go any stress during that time period.
Mr. Michael Scheurich of Guyer and Enichen and Mr. Eric Lewis of Williams, McCarthy argued for Lake Summerset that the foundation should be demolished or she must rebuild--an option that was not advised by her doctor.
Accordingly, the court entered an Order (will send along later today) that Defendant Sharp must demo her foundation. Defendant Sharp is an 80 year old, bed and wheel chair ridden woman with multiple myeloma. The HOA's position is that she cannot simply deck over her property or provide a proper structure upon it to preserve it until she is well enough to complete construction, but she must completely demolish and remove the foundation and fill in the lot with dirt.
A full description of the case will be posted separately.
attached is a synopsis of my case.
Yesterday, a Rockford Circuit Court Judge, Judge Prochaska, dismissed my Counter Defendant's claim under the ADA (ruled that a major homeowner's association was NOT functioning like a "mini government" -- though it was, it provided water, sewer, roads--a large gated community. So he dismissed Defendant's ADA claim with prejudice.
the FFHAA and the Illinois Human Rights Act did not apply because the court did not understand how the relief sought--decking over the property and preserving it until it could be rebuilt would "ameliorate her condition"--a necessary element. so Judge Prochaska dismissed these claims, with prejudice.
Defendant's home burned down in April 2008. She tried unsuccessfully to hire contractors to rebuild, but for a variety of reasons the deals fell thru. Plaintiff spent $12,000 repairing the foundation to the home and purchased logs for $50,000 to rebuild her home. The homeowners association rules said she had to rebuild in 3 months. Plaintiff HOA--Lake Summerset Homeowners Association sued to demo the foundation to the home because it had not been rebuilt in 3 months. Defendant, an 80 year old bed ridden woman with bone/blood cancer (multiple myeloma) and in need of chemo therapy to keep it in remission was undergoing chemotherapy that required treatments twice a week for two weeks and then one week off and this would likely continue for 3 to 5 cycles (3 to 5 months). She had a doctor's statement that she was not to under go any stress during that time period.
Mr. Michael Scheurich of Guyer and Enichen and Mr. Eric Lewis of Williams, McCarthy argued for Lake Summerset that the foundation should be demolished or she must rebuild--an option that was not advised by her doctor.
Accordingly, the court entered an Order (will send along later today) that Defendant Sharp must demo her foundation. Defendant Sharp is an 80 year old, bed and wheel chair ridden woman with multiple myeloma. The HOA's position is that she cannot simply deck over her property or provide a proper structure upon it to preserve it until she is well enough to complete construction, but she must completely demolish and remove the foundation and fill in the lot with dirt.
Thursday, March 17, 2011
Violations of Illinois Trade Secret Act--Confidential Business Information
The other day I had a very surprising and amazing situation where not one, but TWO licensed Illinois attorneys admitted to me, in front of a hearing officer, that they were in receipt of an employee manual which was clearly marked "confidential" on its cover.
Further, she admitted she induced the breach via an ex-employee--most likely another attorney.
So I would like to take this opportunity to remind everyone that there IS an Illinois Trade Secret Act, and that it covers:
Clearly what happened was a violation of the act. The document is marked. It is kept on a secure, encrypted server in an office locked with a finger print lock.
Damages are as follows:
It is my belief that all parties involved acted in an knowing manner.
The manual contains business methods and means to protect and manage the business. Other law firms do not need to see what works for that business.
Oh and in case anyone thinks that violating confidentiality of documents is no big deal and all you get is a slap on the wrist, I was was working on a case where one of the attorneys in the firm (about 15 years ago) inadvertently showed an expert witness confidential documents without having him first sign a confidentiality agreement under a protective order. The judge awarded $35,000 in damages upon hearing and the law firm and client were BOTH liable.
Further, she admitted she induced the breach via an ex-employee--most likely another attorney.
So I would like to take this opportunity to remind everyone that there IS an Illinois Trade Secret Act, and that it covers:
Sec. 2. As used in this Act, unless the context requires otherwise: (a) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means. Reverse engineering or independent development shall not be considered improper means. (b) "Misappropriation" means: (1) acquisition of a trade secret of a person by another person who knows or has reason to know that the trade secret was acquired by improper means; or (2) disclosure or use of a trade secret of a person without express or implied consent by another person who: (A) used improper means to acquire knowledge of the trade secret; or (B) at the time of disclosure or use, knew or had reason to know that knowledge of the trade secret was: (I) derived from or through a person who utilized improper means to acquire it; (II) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (III) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (C) before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (c) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other for‑profit or not‑for‑profit legal entity. (d) "Trade secret" means information, including but not limited to, technical or non‑technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, that: (1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. (Source: P.A. 85‑366.) Clearly what happened was a violation of the act. The document is marked. It is kept on a secure, encrypted server in an office locked with a finger print lock.
Damages are as follows:
(765 ILCS 1065/4) (from Ch. 140, par. 354) Sec. 4. (a) In addition to the relief provided for by Section 3, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). (Source: P.A. 85‑366.) It is my belief that all parties involved acted in an knowing manner.
The manual contains business methods and means to protect and manage the business. Other law firms do not need to see what works for that business.
Oh and in case anyone thinks that violating confidentiality of documents is no big deal and all you get is a slap on the wrist, I was was working on a case where one of the attorneys in the firm (about 15 years ago) inadvertently showed an expert witness confidential documents without having him first sign a confidentiality agreement under a protective order. The judge awarded $35,000 in damages upon hearing and the law firm and client were BOTH liable.
Thursday, February 24, 2011
The Banks ARE responsible for the economic collapse
According to Proessor Alan Nasser, Professor Emeritus of Evergreen State University, the US banks have been squeezing the consumer for years with higher interest rates on loans to consumers, plus fees, fines and penalties--all of which are illegal.
Apparently the US banks have put pressure on the President AND the federal reserve to raise the fees, fines, penalties and interest to take what they can from the consumer.
There has been a huge backlash with consumers shutting down on credit cards and turning to debit cards.
Home loans and refinancing are all but gone.
25% of all payments on student loans are now fees, fines and penalties and it turns out that the banks have squeezed Congress on the student loan program and laws prohibit normal consumer protections, such as filing bankruptcy, truth in lending and other consumer protections.
During the bailout, banks promised Congress they would use the money to loosen up on consumer credit, lower rates and fees--all of which they never did.
What they did instead was continue to clamp down on credit to consumer, raise fees and rates and they bought up many smaller banks to eliminate competition.
see
http://www.globalresearch.ca/index.php?context=va&aid=10724
http://dissidentvoice.org/2011/02/the-student-loan-swindle/
http://smirkingchimp.com/thread/mike-whitney/34172/the-student-loan-swindle-an-interview-with-professor-alan-nasser
and of course google "professor alan nasser" for updated articles.
no one is telling the truth about this, but ask around and you will find the following:
1) loans to students come with high rates and onerous contracts and are limited;
2) credit cards routinely ask for 33% interest and have $35 to $50 overlimit rates--overlimits the companies allow, further they have the same fines for being one day late!
3) home loans and refi's have all but vanished, causing a complete collapse in home loans and sales.
no one else but the banks can charge these excessive fees, fines and penalties.
when there is breach of contract for any other business, the small business is limited to "actual damages" while the banks add on 20 to 25% fees for 25 cent transgressions.
the wealthy are getting wealthier, congress and the presidents--both obama and bush--have sold out and now it's up to the lawyers and courts to start fighting this insanity.
note that sales of ultra luxury items and homes are up. $100,000 cars, tens of millions of dollar homes--all going up.
a great way to ruin the US economy!
Apparently the US banks have put pressure on the President AND the federal reserve to raise the fees, fines, penalties and interest to take what they can from the consumer.
There has been a huge backlash with consumers shutting down on credit cards and turning to debit cards.
Home loans and refinancing are all but gone.
25% of all payments on student loans are now fees, fines and penalties and it turns out that the banks have squeezed Congress on the student loan program and laws prohibit normal consumer protections, such as filing bankruptcy, truth in lending and other consumer protections.
During the bailout, banks promised Congress they would use the money to loosen up on consumer credit, lower rates and fees--all of which they never did.
What they did instead was continue to clamp down on credit to consumer, raise fees and rates and they bought up many smaller banks to eliminate competition.
see
http://www.globalresearch.ca/index.php?context=va&aid=10724
http://dissidentvoice.org/2011/02/the-student-loan-swindle/
http://smirkingchimp.com/thread/mike-whitney/34172/the-student-loan-swindle-an-interview-with-professor-alan-nasser
and of course google "professor alan nasser" for updated articles.
no one is telling the truth about this, but ask around and you will find the following:
1) loans to students come with high rates and onerous contracts and are limited;
2) credit cards routinely ask for 33% interest and have $35 to $50 overlimit rates--overlimits the companies allow, further they have the same fines for being one day late!
3) home loans and refi's have all but vanished, causing a complete collapse in home loans and sales.
no one else but the banks can charge these excessive fees, fines and penalties.
when there is breach of contract for any other business, the small business is limited to "actual damages" while the banks add on 20 to 25% fees for 25 cent transgressions.
the wealthy are getting wealthier, congress and the presidents--both obama and bush--have sold out and now it's up to the lawyers and courts to start fighting this insanity.
note that sales of ultra luxury items and homes are up. $100,000 cars, tens of millions of dollar homes--all going up.
a great way to ruin the US economy!
Wednesday, February 16, 2011
Class Action--"credit reporting" agencies Equifax, TransUnion and TRW
One of the interesting aspects of credit reporting is that they do not address the issue of illegal fees, fines and penalties.
They do not have a provision for unconscionable behavior, nor do they acknowledge that the consumer has a complaint against the vendor or credit holder for breach of contract for lack of good faith and fair dealing.
This, I believe leaves them open to class action litigation for those issues: unconscionability, breach of contract for good faith and fair dealing, which in turn leads to consumer fraud violations.
contact me if your credit score is low due to these issues and if you have contacted the "big three" complaining that they report "credit" even though the vendor has violated laws with respect to breach of contract for good faith and fair dealing, unconscionability and consumer fraud.
They do not have a provision for unconscionable behavior, nor do they acknowledge that the consumer has a complaint against the vendor or credit holder for breach of contract for lack of good faith and fair dealing.
This, I believe leaves them open to class action litigation for those issues: unconscionability, breach of contract for good faith and fair dealing, which in turn leads to consumer fraud violations.
contact me if your credit score is low due to these issues and if you have contacted the "big three" complaining that they report "credit" even though the vendor has violated laws with respect to breach of contract for good faith and fair dealing, unconscionability and consumer fraud.
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