Product: Credit reporting or other personal consumer reports

I XXXX XXXX XXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, thanks UCC 1-308 withouXXXX prejudice TN CHILD SUPPORT XXXX Blessing v. Freestone, 520 U.S. 329 ( 1997 ) BLESSING, DIRECTOR, ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. FREESTONE ET AL.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1441. Argued January 6, 1997-Decided April 21, 1997 Respondents, five Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve " substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349.

( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., Wilder v. Virginia Hospital Assn., 496 U. S. 498, 509. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under 1983. Dismissal is proper if Congress specifically foreclosed a 1983 remedy, Smith v. Robinson, 468 U. S. 992, 1005, n. 9, 1003, either expressly, by forbidding recourse to 1983 in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual 1983 enforcement, Livadas v. Bradshaw, 512 U. S. 107, 133. pp. 340-341.

( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 430. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to " substantial compliance '' with Title IV-D in all respects. The statutory " substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its " substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their " rights '' were being violated and an injunction forcing petitioner to " substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized.

The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington XXXX District of Columbia, or at any Federal Reserve bank. 

UCC 3-104. NEGOTIABLE INSTRUMENT.

Primary tabs ( a ) Except as provided in subsections ( c ) and ( d ), " negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

( b ) " Instrument '' means a negotiable instrument.

( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of " check '' in subsection ( f ) is a negotiable instrument and a check.

( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.

( e ) An instrument is a " note '' if it is a promise and is a " draft '' if it is an order. If an instrument falls within the definition of both " note '' and " draft, '' a person entitled to enforce the instrument may treat it as either.

( f ) " Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrument may be a check even though it is described on its face by another term, such as " money order. '' ( g ) " Cashier 's check '' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

( h ) " Teller 's check '' means a draft drawn by a bank ( i ) on another bank, or ( ii ) payable at or through a bank.

( i ) " Traveler 's check '' means an instrument that ( i ) is payable on demand, ( ii ) is drawn on or payable at or through a bank, ( iii ) is designated by the term " traveler 's check '' or by a substantially similar term, and ( iv ) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

( j ) " Certificate of deposit '' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

UCC 3-601.

Discharge and effect of discharge.

( a ) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.

( b ) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.

UCC 3-604.

Discharge by cancellation or renunciation.

( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.

( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement.

UCC 3-603. TENDER OF PAYMENT.

( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

UCC 3-602. PAYMENT.

( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.

( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph.

( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.

( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.

( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.

( f ) As used in this section, " signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.

( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

( 2 ) In accordance with the written instructions of the consumer to whom it relates.

( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.

15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector.

15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.

( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.

( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ).

If ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.

( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.

( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.

( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).

( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.

( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or ( B ) a written warranty created by the use of such terms as guaranty or warranty, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.

( d ) Civil action by consumer for damages, etc. ; jurisdiction ; recovery of costs and expenses ; cognizable claims ( 1 ) Subject to subsections ( a ) ( 3 ) and ( e ), a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief ( A ) in any court of competent jurisdiction in any State or the District of Columbia ; or ( B ) in an appropriate district court of the United States, subject to paragraph ( 3 ) of this subsection.

( 2 ) If a consumer finally prevails in any action brought under paragraph ( 1 ) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses ( including attorneys fees based on actual time expended ) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys fees would be inappropriate.

( 3 ) No claim shall be cognizable in a suit brought under paragraph ( 1 ) ( B ) of this subsection ( A ) if the amount in controversy of any individual claim is less than the sum or value of {$25.00} ; ( B ) if the amount in controversy is less than the sum or value of {$50000.00} ( exclusive of interests and costs ) computed on the basis of all claims to be determined in this suit ; or ( C ) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.

I will like to receive monetary pay it say here for all the damages and stress from my time and free worries and overwhelming stress 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.

( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.

( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ). If ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.

( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.

( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.

( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).

( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.

( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make