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Deceptive Trade For Texas In Georgia
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Unfair trade practices are practices that grossly deviate from good commercial conduct and are contrary to good faith and fair dealing. 1 Unfair trading practices are typically imposed in a situation of imbalance by a stronger party on a weaker one, and can exist from any side of the B2B relationship.
- Under the Georgia Trade Secrets Act, O.C.G.A. § 10-1-760 et seq., a claim for misappropriation of trade secrets requires a plaintiff to prove that: (1) the plaintiff had a trade secret; and (2) the opposing party misappropriated the trade secret.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.
Georgia's Fair Business Practices Act prohibits unfair and deceptive acts or practices in the marketplace. This law applies to consumer transactions involving the sale, lease or rental of goods, services or property mainly for personal, family or household purposes.
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.
In order to sue under the DTPA, several elements must be met. The elements of a DTPA action include that the plaintiff must be a consumer, the defendant must have committed one of the proscribed acts under the DTPA, and the defendant's actions must have been the producing cause of the plaintiff's harm.
Georgia's Fair Business Practices Act prohibits unfair and deceptive acts or practices in the marketplace. This law applies to consumer transactions involving the sale, lease or rental of goods, services or property mainly for personal, family or household purposes.
The Texas Public Information Act assures that government entities give citizens access to information about the business government officials are conducting on their behalf—information that enables the people of Texas to observe how their government works and to hold their public officials accountable.
One of the best ways to avoid giving misinformation and violating the Texas Deceptive Trade Practices-Consumer Protection Act is to ensure that the information you provide is accurate and factually supported. Always double-check your facts and sources before sharing information.
Your report goes into Consumer Sentinel, a database available to federal, state, and local law enforcement across the country. But you also can file a report with your state attorney general or local consumer protection agency.