Unfair Practices

Unfair Practices

Examples of unfair practices:

• representing that goods or services have sponsorship, approval, performance characteristics, accessories, ingredients, components, qualities, uses or benefits that they do not have;
• representing that the supplier has a sponsorship, approval, status, affiliation or connection that the supplier does not have;
• representing that goods or services are of a particular standard, quality, grade, style, model, origin or method of manufacture if they are not;
• representing that goods are new or unused if they are not or if they have deteriorated or been altered, reconditioned or reclaimed;
• representing that goods have been used to an extent different from the fact or that they have a particular history or use if the supplier knows it is not so;
• representing that goods or services are available if the supplier does not supply nor intend to supply or otherwise dispose of the goods or services as represented;
• representing that goods or services are available or are available for a particular reason, for a particular price, in particular quantities or at a particular time if the supplier knows or can reasonably be expected to know it is not so, unless the representation clearly states any limitations;
• representing that a service, part, repair or replacement is needed if that is not so, or that a service has been provided, a part has been installed, a repair has been made or a replacement has been provided if that is not so;
• representing that a price benefit or advantage exists respecting goods or services if a price benefit or advantage does not exist;
• charging a price for goods or services that is substantially higher than an estimate provided to the consumer, except where the consumer has expressly agreed to the higher price in advance;
• representing that a transaction involving goods or services involves or does not involve rights, remedies or obligations if that representation is deceptive or misleading;
• representing anything that gives a part of the price of specific goods or services but does not give reasonable prominence to the total price of the goods or services;
• representing that a salesperson, representative, employee or agent has the authority to negotiate the final terms of a transaction involving goods or services if that is not so;
• representing that the purpose or intent of a solicitation or communication with a consumer by a supplier is for a purpose or intent different from the fact;
• using exaggeration, innuendo or ambiguity in representing a material fact, or failing to disclose a material fact, if the representation or failure is deceptive or misleading;
• representing that goods or services have been made available in accordance with a previous representation if they have not;
• taking advantage of a consumer by including in a consumer agreement terms or conditions that are harsh, oppressive or excessively one-sided;
• taking advantage of a consumer by entering into an agreement if the price of the goods or services grossly exceeds the price at which similar goods or services are readily obtainable in a similar transaction by like consumers;
• taking advantage of a consumer by exerting undue pressure or undue influence on the consumer to enter into a transaction involving goods or services.