FortmanSpann is an experienced law firm in representing victims of unlawful business practices. The Federal Trade Commission handles consumer complaints and regulates unfair or deceptive trade practices. Every state has enacted consumer protection statutes that are modeled after the Federal Trade Commission Act and constitute the lines of defense for protecting consumers from predatory, deceptive, and unfair business practices. However, the statutes vary widely from state to state and encompass a wide range of business practices that are defined as unfair or deceptive including but not limited to:
Passing off goods or services as those of another;
Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;
Causing likelihood of confusion or of misunderstanding as to the affiliation, connection or association with, or certification by another;
Using deceptive representations or designations of geographic origin in connection with good or services;
Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connections that he does not have;
Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model if they are of another;
Disparaging the goods, services or business of another by a false or misleading representation of fact;
Advertising goods or services with intent not to sell them as advertised;
Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
Making false or misleading statements of fact concerning the reasons for, the existence of, or amounts of price reductions;
Purchase with benefits contingent on post-purchase referrals;
Chain-Letter Plans, Pyramid Clubs and similar schemes;
Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;
Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed;
Making repairs, improvements or replacements on tangible, real or personal property, of nature or quality inferior to or below the standard of that agreed to in writing;
Making solicitations for sales of goods or services over the telephone without first clearly, affirmatively and expressly stating the things required under TCPA;
Using a contract, form or any other document related to a consumer transaction which contains a confessed judgment clause that waives the consumer’s right to assert a legal defense to an action;
Engaging in any other fraudulent or deceptive conduct, which creates a likelihood of confusion or of misunderstanding.
The acts allow state attorneys, like FortmanSpann, to commence lawsuits over various false or deceptive advertisements or other unfair and injurious consumer practices, like those listed above. If you have been a victim of any of the above, please contact us for a free consultation.
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