Unfair Trade Practices In Consumer Protection Act In Clark
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Under Section 5(b) of the FTC Act, the Commission may challenge “unfair or deceptive acts or practices,” “unfair methods of competition,” or violations of other laws enforced through the FTC Act, by instituting an administrative adjudication.
The CPRs contain a general prohibition of unfair commercial practices and, in particular, contain prohibitions of misleading and aggressive commercial practices. They also prohibit 31 specific commercial practices that are listed in chapter 6 on banned practices.
An act or practice is unfair when it (1) causes or is likely to cause substantial injury to consumers, (2) cannot be reasonably avoided by consumers, and (3) is not outweighed by countervailing benefits to consumers or to competition. Congress codified the three-part unfairness test in 1994.
The term “unfair trade practice” describes the use of deceptive, fraudulent, or unethical methods to gain business advantage or to cause injury to a consumer. Unfair trade practices are considered unlawful under the Consumer Protection Act.
This covers engaging in misleading practices such as making false or deceptive statements in marketing material, or omitting important information that would have a bearing on the customer's purchasing decision.
Unfair trade practices include twisting facts, harsh treatment of workers, poor working and living conditions as well as not allowing workers to join labour unions. Work and exploitation People who are poor are often exploited in the trading system. When you are exploited, it means that someone treats you unfairly.
Consumer injury. Unjustified consumer injury is the primary focus of the FTC Act, and the most important of the three S&H criteria. Violation of public policy. Unethical or unscrupulous conduct.
Misrepresentation Representing that goods or services are of a particular quality, style or model if that representation is untrue. Making false or misleading statements about the condition of used goods. Representing goods as new when they are used, deteriorated, altered or reconditioned.
17200. As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
