SA
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Explain the scope of and the penalties for commissions of unfair business practices.
On Jul 18, 2024
Unfair Business Practices:
- legislation generally prohibits making False or misleading representations to consumers which would induce them to enter into the contract
- also prohibits unconscionable transactions, excessively one-sided or adverse transactions, the use of undue pressure by sellers and misleading statements made by sellers upon which consumers will rely
- the list of activities defining unfair practices may be expanded at any time by regulation
- penalties for breach of any enumerated practice include fines, rescission of the contract by the consumer or damages where rescission is not possible, including exemplary or punitive damages
- also, the administrator of the legislation has powers of investigation, may issue cease and-desist orders to violators and may cancel the registration of a violating seller (if it is registered)
- in order to balance the powers under such legislation, however, the onus is on consumers to act within a short period of time to obtain the benefits provided