Question

Linda is a consumer who would like to waive her rights under the DTPA. Which of the following must be present in order for the waiver to be enforced...?

A. The waiver is in-writing and signed by the consumer
B. The waiver is conspicuous and in bold-face type
C. The seller cannot have an unfair advantage
D. All of the above

Answer 1

To enforce a waiver under the DTPA, the waiver must be in writing and signed by the consumer, be conspicuous and in bold-face type, and the seller must not have an unfair advantage. The correct answer is D. All of the above.

Step-by-step explanation:

Linda is interested in waiving her rights under the DTPA (Deceptive Trade Practices Act). For a waiver to be enforced under this act, several conditions must be met. These conditions include:

1. The waiver must be in writing and signed by the consumer, ensuring that the waiver is a result of an intentional and voluntary act.
2. The waiver must be conspicuous and in bold-face type, so that it is clearly visible to the consumer, which helps to acknowledge that they understand what they are waiving.
3. The seller must not have an unfair advantage in the transaction. This typically refers to the absence of deception, coercion, or undue influence over the consumer.

Therefore, the correct answer is

D. All of the above

, as all these conditions are crucial for the enforceability of a waiver under the DTPA.