US Lawyer Database

§ 294. Effect on government agencies

No civil liability or criminal penalty under this chapter may be imposed on the United States or any of its departments or agencies, any territorial or political subdivision, or any agency of the territory or political subdivision.

§ 301. Short title

This chapter may be cited as the “The Consumer Fraud and Deceptive Business Practices Act”.

§ 302. Purpose; rules of construction

The provisions of this chapter shall be liberally construed to protect the consuming public from deceptive and unfair acts or practices in the conduct of any trade or commerce.

§ 303. Definitions

(a) “Advertisement” means any public offer of merchandise with the purpose of attracting the attention of the consumer, whether through the press, handbills or other publications, radio, television, or any other informative media. (b) “Chain referral sale” means the provision or offer to provide a consumer a prize, discount, rebate, or other compensation as an […]

§ 304. Deceptive business acts or practices; chain referral sales; pyramid sales

It is unlawful for any person to engage in unfair methods of competition or unfair or deceptive trade acts or practices in the conduct of any trade or commerce. In construing this chapter, consideration must be given to the interpretations of the Federal Trade Commission and the federal courts relating to 15 U.S.C. § 45 […]

§ 285. Point of rental disclosures

Each item of property displayed or offered in connection with a rental-purchase agreement must have stamped or affixed to the property a card, tag or label that clearly and conspicuously discloses only the following: (a) whether the property is new or used; (b) the price of the property in a cash sale; (c) the amount […]

§ 286. Agreement provisions

(a) In general. Each rental-purchase agreement must: (1) provide a brief description of the rented property sufficient to identify the rented property to the consumer and merchant. If a rental is for multiple items of property, a description of each item may be provided in a separate statement incorporated by reference agreement; (2) state that […]

§ 287. Prohibited provisions of rental-purchase agreement

A rental-purchase agreement or any document that the merchant requests the consumer to execute may not contain: (a) a confession of judgment; (b) a negotiable instrument; (c) a security interest or any other claim of a property interest in any goods, except those goods the use of which is provided by the merchant pursuant to […]

§ 288. Receipts and accounts

A merchant shall provide the consumer a written receipt for each payment made by cash, check or money order, the date, the total number of rental payments made and the total number of payments necessary to acquire ownership of the property.

§ 289. Renegotiations and extensions

A renegotiation of a rental-purchase agreement is deemed to be a new agreement for purposes of this chapter, requiring new disclosures under sections 284 and 286. A renegotiation shall be considered to occur when an existing rental-purchase agreement is satisfied and replaced by a new agreement undertaken by the same merchant. Events such as the […]