Which of the following is a violation of the Uniform Deceptive trade practices Act Quizlet

a landmark law that was passed in 1890 that prohibits the formation of trusts, or monopolies, in the marketplace. It governs business by regulating anti-competitive conduct to promote fair competition on behalf of American consumers. purpose is to protect consumers and businesses by creating healthy competition, while keeping prices low and quality high

- restricts commerce-restraining activities like price fixing, boycotts, market or customer allocation, tie-ins, & all activities that restrain and monopolize business

possible punishments for license holders include:
- a fine of up to $350,000
- imprisonment of up to 3 years
- loss of license

The Clayton Act also states that, if a party sues another party, they are able to claim up to three times the damages they incurred, plus court and attorney fees

*The Georgia Fair Business Practices Act (FBPA) is the primary consumer protection law in Georgia. Passed in 1975, it prohibits unfair and deceptive acts or practices in the marketplace. It applies to consumer transactions involving the sale, lease, or rental of goods, services, or property, mainly for personal, family, or household purposes. Many of its provisions have to do with advertising, especially fraudulent and misleading advertising

A consumer transaction has to take place for a violation to occur under FBPA

Upon conviction for violating the FBPA, an individual could receive a fine of as much as $25,000 per violation and a prohibition from engaging in similar activities. In addition, citizens can bring their own civil actions against violators.

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DTPA does NOT apply to the following:

1. Business consumers with personal assets <$25 mil or owned/controlled by corporation/entity with assets of < $25 mil.

2. Professional service providers: meaning service involves giving professional advice, opinion, judgment by professionals, e.g., architects, attorneys, CPAs, real estate brokers, salespersons, inspectors, surveyors. EXCEPT:
a) express misrepresentations of material fact;
b) failure to disclose information
c) unconscionable acts or courses of action; and
d) breaches of express warranties.

3. Real estate broker or salesperson: arising from act/omission while acting in capacity. EXCEPT:
a) express misrepresentation of material fact not advice, judgment, or opinion.
b) failure to disclose info re- goods/serivices known at the time of the transaction, if intended to induce consumer into a transaction she would not have otherwise entered into.
c) an unconscionable action/course of action not advice, judgment, or opinion.

4. Transactions < $500,000, UNLESS involves consumer's residence.

5. Written contracts < $100,000 + attorney represented consumer, UNLESS involves consumer's residence.

6. Publishers of advertisements in regularly published newspapers, UNLESS newspaper has specific knowledge of the false, deceptive, or misleading practices OR had a direct/substantial financial interest in the sale/distribution of the unlawfully advertised good/service.

7. Personal injury claims, UNLESS (a) pursued for recovery of economic damages, e.g., lost earnings, medical expenses, but not pain and suffering or physical impairment; or (b) if π claims damages for a violation of a tie-in statute - may recover all actual damages including personal injury damages.