Section 20-701. Definitions  


Latest version.
  • a. Deceptive trade practice. Any false, falsely
      disparaging, or misleading oral or written statement, visual description
      or other representation of any kind made in connection  with  the  sale,
      lease,  rental  or  loan  or  in  connection with the offering for sale,
      lease, rental, or  loan  of  consumer  goods  or  services,  or  in  the
      extension  of  consumer  credit  or in the collection of consumer debts,
      which has the capacity, tendency or effect of  deceiving  or  misleading
      consumers. Deceptive trade practices include but are not limited to: (1)
      representations  that  goods  or  services  have  sponsorship, approval,
      accessories, characteristics, ingredients, uses, benefits, or quantities
      that they do not have; the supplier has a sponsorship, approval, status,
      affiliation, or connection that he or  she  does  not  have;  goods  are
      original  or  new  if  they  are  deteriorated,  altered, reconditioned,
      reclaimed, or secondhand; or, goods or  services  are  of  a  particular
      standard,  quality,  grade,  style or model, if they are of another; (2)
      the use,  in  any  oral  or  written  representation,  of  exaggeration,
      innuendo  or  ambiguity  as  to  a  material  fact or failure to state a
      material fact if such use deceives or tends to deceive; (3)  disparaging
      the  goods,  services,  or  business  of  another by false or misleading
      representations of material facts; (4) offering goods or  services  with
      intent  not to sell them as offered; (5) offering goods or services with
      intent not to supply reasonable expectable  public  demand,  unless  the
      offer  discloses  to  limitation  of  quantity;  and (6) making false or
      misleading representations of fact concerning the reasons for, existence
      of, or amounts of price reductions, or price in comparison to prices  of
      competitors  or  one's  own  price at a past or future time; (7) stating
      that a  consumer  transaction  involves  consumer  rights,  remedies  or
      obligations  that  it  does  not  involve;  (8)  stating  that services,
      replacements or repairs are needed if they  are  not;  and  (9)  falsely
      stating the reasons for offering or supplying goods or services at scale
      discount prices.
        b.  Unconscionable  trade  practice. Any act or practice in connection
      with the sale, lease, rental or loan or in connection with the  offering
      for sale, lease, rental or loan of any consumer goods or services, or in
      the extension of consumer credit, or in the collection of consumer debts
      which  unfairly  takes  advantage  of  the  lack  of knowledge, ability,
      experience or capacity of a consumer; or results in  a  gross  disparity
      between  the  value  received  by  a consumer and the price paid, to the
      consumer's detriment; provided that no act or practice shall  be  deemed
      unconscionable  under this subchapter unless declared unconscionable and
      described with reasonable particularity in a local law, or in a rule  or
      regulation  promulgated  by the commissioner. In promulgating such rules
      and regulations the commissioner shall consider among other factors: (1)
      knowledge by merchants engaging in the act or practice of the  inability
      of  consumers to receive properly anticipated benefits from the goods or
      services involved; (2) gross disparity between the  price  of  goods  or
      services and their value measured by the price at which similar goods or
      services  are readily obtained by other consumers; (3) the fact that the
      acts or  practices  may  enable  merchants  to  take  advantage  of  the
      inability  of  consumers reasonably to protect their interests by reason
      of physical or mental infirmities, illiteracy or inability to understand
      the language of the  agreement,  ignorance  or  lack  of  education,  or
      similar  factors;  (4)  the  degree  to  which  terms of the transaction
      require consumers to waive legal rights; (5) the degree to  which  terms
      of  the  transaction  require  consumers to jeopardize money or property
      beyond the money or property immediately at issue  in  the  transaction;
      and  (6)  definitions  of  unconscionability  in  statutes, regulations,
    
      rulings and decisions of legislative, or judicial bodies in  this  state
      or elsewhere.
        c.  Consumer  goods,  services,  credit  and debts. As used in section
      20-700 of this subchapter and subdivisions a  and  b  of  this  section,
      goods,  services,  credit  and  debts  which are primarily for personal,
      household or family purposes.
        d. Consumer. A purchaser or lessee or prospective purchaser or  lessee
      of  the  consumer  goods  or  services  or  consumer credit, including a
      co-obligor or surety.
        e. Merchant. A seller, lessor, or creditor or  any  other  person  who
      makes  available  either  directly  or  indirectly,  goods,  services or
      credit,  to   consumers.   "Merchant"   shall   include   manufacturers,
      wholesalers  and  others  who  are  responsible  for any act or practice
      prohibited by this subchapter.