Outlines various unfair or deceptive trade practices, including misrepresenting goods or services, falsely claiming affiliations, quality, or characteristics, and using innuendo to mislead
Definition
Excerpt
It shall be a violation of this chapter for any person to engage in an unfair or deceptive trade practice, whether or not any consumer is in fact misled, deceived, or damaged thereby, including to:
(a) represent that goods or services have a source, sponsorship, approval, certification, accessories, characteristics, ingredients, uses, benefits, or quantities that they do not have;
(b) represent that the person has a sponsorship, approval, status, affiliation, certification, or connection that the person does not have;
(c) represent that goods are original or new if in fact they are deteriorated, altered, reconditioned, reclaimed, or second hand, or have been used;
(d) represent that goods or services are of particular standard, quality, grade, style, or model, if in fact they are of another;
(e) misrepresent as to a material fact which has a tendency to mislead;
(e-1) represent that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;
(f) fail to state a material fact if such failure tends to mislead;
(f-1) use innuendo or ambiguity as to a material fact, which has a tendency to mislead;
(g) disparage the goods, services, or business of another by false or misleading representations of material facts;
(h) advertise or offer goods or services without the intent to sell them or without the intent to sell them as advertised or offered
Related cases
Grubhub fined for promises of "free" orders via subscription, unauthorised restaurant listings, and hidden fees.
Instacart was held liable for misrepresenting and omitting material facts concerning the default, variable service fee added to consumers' orders.
DoorDash was held liable for deceiving consumers by falsely portraying the impact of their tips on Dasher pay and encouraging tips under false pretenses.
Related deceptive patterns
The user is enticed with a low advertised price. After investing time and effort, they discover unexpected fees and charges when they reach the checkout.
The user wants to do something, but they are required to do something else undesirable in return.
The user is drawn into a transaction on false pretences, because pertinent information is hidden or delayed from being presented to them.