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Unfair Trade Practices For False Advertising In Salt Lake
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Multi-State
County:
Salt Lake
Control #:
US-000289
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(a) A consumer who suffers loss as a result of a violation of this chapter may bring a class action for the actual damages caused by an act or practice specified as violating this chapter by a rule adopted by the enforcing authority under Subsection 13-11-8(2) before the consumer transactions on which the action is ...
Laws relating to deceptive trade practices are provided in the Utah Code, under Title 13 (Commerce and Trade), Chapter 11a (Truth in Advertising) Section 13-11a-1 et seq. The purpose of this Chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah.
The purpose of this Chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah. Section 13-11a-3 prohibits any person from advertising goods or services without the intention to sell them as advertised and such acts or practices are held unlawful.
For example, in California, the state attorney general can bring a lawsuit to recover civil penalties up to $2,500 for each false advertisement sent to a consumer. The Federal Trade Commission (FTC), a federal agency charged with protecting consumers, can collect civil penalties up to $40,000.
Utah's Unfair Practices Act was enacted to “safeguard the public against the creation or per- petuation of monopolies and to foster and encourage competition, by prohibiting unfair and discrimi- natory practices by which fair and honest competition is destroyed or prevented.”
A Consumer Protection Attorney Can Manage a Class Actions for False Advertising. Class actions are an effective option for people who have been harmed by false advertising and do not want to go it alone. They allow a number of people to sue false advertisers collectively, in a single lawsuit.
At its core, the Utah Unfair Competition Act is essential in protecting businesses from unfair or illegal competition. This law prohibits several types of agreements, including those that restrain trade and those that unlawfully interfere with a person's business interests.
The phrase unfair trade practices can be defined as any business practice or act that is deceptive, fraudulent, or causes injury to a consumer. These practices can include acts that are deemed unlawful, such as those that violate a consumer protection law.
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.
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It is prima facie evidence of a deceptive comparison under this section when the prices of brand name goods and generic goods are compared. Our Salt Lake City false advertising and unfair competition attorneys are well-regarded for their knowledge and experience in these cases and claims.Contact the Division at during normal business hours. Utah's laws prohibiting deceptive trade practices are generally limited to prosecuting scams after they happen. Effective legal counsel in trademark law. Our expertise covers the range from federal trademark infringement, dilution and false advertising claims to unfair competition and right of publicity claims. Send a cease and desist letter. Demand that advertiser remove the false or misleading advertisement. If a company falsely advertises products, either the state or a consumer can file a lawsuit against the company under the Utah deceptive trade practices laws. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices.