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Difference between revisions of "Consumer Protection from Deceptive and Unconscionable Acts (11:IV)"
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Consumer Protection from Deceptive and Unconscionable Acts (11:IV) (view source)
Revision as of 20:59, 4 October 2022
, 20:59, 4 October 2022→1. Deceptive Acts
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A plaintiff consumer relying on the supplier’s deceptive practice for an action should show: | A plaintiff consumer relying on the supplier’s deceptive practice for an action should show: | ||
:a) That they were actually deceived by the deceptive practice; | :(a) That they were actually deceived by the deceptive practice; | ||
:(b) That they relied on the deception to the extent that an error of judgment resulted from the deception; and | |||
:b) That they relied on the deception to the extent that an error of judgment resulted from the deception; and | :(c) That the error of judgment caused loss. | ||
:c) That the error of judgment caused loss. | |||
To enforce the ''BPCPA'' against a supplier, the Director need only show that a deceptive practice would tend to cause consumers to make an error in judgment but does not need to show that any consumer made an error in judgment. | To enforce the ''BPCPA'' against a supplier, the Director need only show that a deceptive practice would tend to cause consumers to make an error in judgment but does not need to show that any consumer made an error in judgment. | ||