Rachel Debner
INSTRUCTIONS
Mr. Matthew G. Sease, Attorney for Applicants, Al Poller and Deb Poller (the
Pollers) and Mr.
Jordan M. Talsma, Attorney for the Resister, Okoboji Classic Cars, LLC (OCC),
present oral
arguments before the Iowa Supreme Court on March 23, 2021 (Case No. 19-
0875).
Case No. 19-0875 | Supreme Court Oral Argument Schedule | Iowa Judicial
Branch (iowacourts.gov) The arguments involve a contract entered into by
the Pollers and OCC for the restoration of the Pollers’ 1931 Chevrolet and the
extent to which OCC was required to comply with Iowa Code chapter 537B,
the “Motor Vehicle Service Trade Practices Act” (MVSTPA). Here are the
relevant Iowa Code statutory provisions:
537B.3 Required trade practices.
1. If a consumer authorizes, in writing, repairs or service upon a
motor vehicle prior to the commencement of the repairs or service, a
conspicuous disclosure in substantially the following language shall
appear on the authorization form or on a separate form provided to
the consumer at the time of the authorization.
ESTIMATE
You have the right to a written or oral estimate if
the expected cost of repairs or service will be more
than fifty dollars. Your bill will not be higher than
the estimate by more than ten percent unless you
approve a higher amount before repairs are finished.
Initial your choice:
.............. Written estimate.
...............Oral estimate.
............... No estimate.
...............Call me if repairs and service will be
more than $...........
_____________________
3. If a consumer orally authorizes repairs or
service upon a motor vehicle prior to the
commencement of the repairs or service, the supplier shall inform the
consumer of the right to receive a written or oral estimate. The supplier shall
, note the consumer’s response on the form described in subsections 1 and 2.
If the consumer requests an estimate, the supplier shall provide the estimate
to the consumer prior to commencing the repairs or service. Listen to the
oral arguments by each attorney and how the justices interrupt each
attorney to discuss aspects of the case and points of law. Note the justices
have already read the briefs as prepared by both attorneys as well as the
Iowa Court of Appeals decision; all are available on-line if you want (but are
not required) to view. At this point, the justices have not yet discussed the
case with each other or issued their opinion. Of course, you are in the unique
position of seeing into the future; knowing the outcome of the case. Briefly
answer the following questions. Each answer should be between two to five
sentences in length. Do not overthink your answers.
Argument by Mr. Sease
Questions
1. Mr. Sease argued that the MVSTPA is a consumer protection statute to
benefit persons
whose automobiles are being “repaired or restored”. Justice Mansfield
challenged Mr. Sease’s reading of the language in the statute. What is Justice
Mansfield’s point about the actual language of the statute regarding the
issue of “repair” and how does Mr. Sease respond?
Mr. Sease is arguing that “repaired or restored” should be included in the
wording of the statute. Justice Mansfield challenged him, pointing out that
the actual wording of the statue is “repaired” rather than “repaired and
restored. Mr. Sease responds by arguing that the statute’s purpose is to
protect consumers and that including “repair or restore” follows precedent
and is consistent with the purpose of the statute.
2. Justice Mansfield observed that the case seemed to present a dilemma for
the court by
requiring it to decide between one of two options, neither of which seemed
satisfactory.
Describe these two options.
Justice Mansfield observed that the dilemma for the court has to choose
between either a broad or strict interpretation of the statute. I strict
interpretation would include the wording, “restores”, consumers unprotected
in situations involving restorations, and would not include all the services
offered by the company. A broad interpretation would include the wording,
“restores”, protect consumers in situations involving repairs, and may lead to
INSTRUCTIONS
Mr. Matthew G. Sease, Attorney for Applicants, Al Poller and Deb Poller (the
Pollers) and Mr.
Jordan M. Talsma, Attorney for the Resister, Okoboji Classic Cars, LLC (OCC),
present oral
arguments before the Iowa Supreme Court on March 23, 2021 (Case No. 19-
0875).
Case No. 19-0875 | Supreme Court Oral Argument Schedule | Iowa Judicial
Branch (iowacourts.gov) The arguments involve a contract entered into by
the Pollers and OCC for the restoration of the Pollers’ 1931 Chevrolet and the
extent to which OCC was required to comply with Iowa Code chapter 537B,
the “Motor Vehicle Service Trade Practices Act” (MVSTPA). Here are the
relevant Iowa Code statutory provisions:
537B.3 Required trade practices.
1. If a consumer authorizes, in writing, repairs or service upon a
motor vehicle prior to the commencement of the repairs or service, a
conspicuous disclosure in substantially the following language shall
appear on the authorization form or on a separate form provided to
the consumer at the time of the authorization.
ESTIMATE
You have the right to a written or oral estimate if
the expected cost of repairs or service will be more
than fifty dollars. Your bill will not be higher than
the estimate by more than ten percent unless you
approve a higher amount before repairs are finished.
Initial your choice:
.............. Written estimate.
...............Oral estimate.
............... No estimate.
...............Call me if repairs and service will be
more than $...........
_____________________
3. If a consumer orally authorizes repairs or
service upon a motor vehicle prior to the
commencement of the repairs or service, the supplier shall inform the
consumer of the right to receive a written or oral estimate. The supplier shall
, note the consumer’s response on the form described in subsections 1 and 2.
If the consumer requests an estimate, the supplier shall provide the estimate
to the consumer prior to commencing the repairs or service. Listen to the
oral arguments by each attorney and how the justices interrupt each
attorney to discuss aspects of the case and points of law. Note the justices
have already read the briefs as prepared by both attorneys as well as the
Iowa Court of Appeals decision; all are available on-line if you want (but are
not required) to view. At this point, the justices have not yet discussed the
case with each other or issued their opinion. Of course, you are in the unique
position of seeing into the future; knowing the outcome of the case. Briefly
answer the following questions. Each answer should be between two to five
sentences in length. Do not overthink your answers.
Argument by Mr. Sease
Questions
1. Mr. Sease argued that the MVSTPA is a consumer protection statute to
benefit persons
whose automobiles are being “repaired or restored”. Justice Mansfield
challenged Mr. Sease’s reading of the language in the statute. What is Justice
Mansfield’s point about the actual language of the statute regarding the
issue of “repair” and how does Mr. Sease respond?
Mr. Sease is arguing that “repaired or restored” should be included in the
wording of the statute. Justice Mansfield challenged him, pointing out that
the actual wording of the statue is “repaired” rather than “repaired and
restored. Mr. Sease responds by arguing that the statute’s purpose is to
protect consumers and that including “repair or restore” follows precedent
and is consistent with the purpose of the statute.
2. Justice Mansfield observed that the case seemed to present a dilemma for
the court by
requiring it to decide between one of two options, neither of which seemed
satisfactory.
Describe these two options.
Justice Mansfield observed that the dilemma for the court has to choose
between either a broad or strict interpretation of the statute. I strict
interpretation would include the wording, “restores”, consumers unprotected
in situations involving restorations, and would not include all the services
offered by the company. A broad interpretation would include the wording,
“restores”, protect consumers in situations involving repairs, and may lead to
