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S. 670

Consumer Fraud Act

(Reported to Senate from the Committee on Commerce with amendment, S. Rept. 94-252)

Consumer Fraud Act - Defines the terms used in this Act, including "unfair consumer practice," to mean: (1) offering or advertising goods or services for sale to a consumer with knowledge that such goods or services will not be sold as so offered or advertised; (2) making false or misleading statements with respect to goods or services which are offered for sale or sold to a consumer; and (3) using physical force, threat of physical force, tortious threats or harassment or misrepresentation of law in the course of a sale or attempted sale to a consumer of goods or services or in the course of collection of the purchase price.

Provides that whoever, in connection with the sale, attempted sale, or distribution of goods or services to a consumer, or in connection with the collection or attempted collection of the purchase price or portion thereof of goods or services by the use of any means or instrumentality of transportation or communication in or affecting interstate or foreign commerce including the use of the mails, knowingly engages in an unfair consumer practice, as defined in this Act, shall be fined, in the case of a first offense, no more than $1,000 or imprisoned for no more than 1 year, or both, or in the case of a second or subsequent offense, shall be fined no more than $10,000 or imprisoned for no more than 3 years, or both.

States that any contract or agreement in or affecting interstate or foreign commerce which provides for the purchase of goods or services which results from a transaction that involves an unfair consumer practice by a supplier may be voided by the affected consumer. Makes any person who knowingly induces a consumer to enter into a contract or agreement pursuant to or in furtherance of an unfair consumer practice liable to such concumer in an amount equal to three times the damage or loss suffered, together with the costs of any legal action required including a reasonable attorney's fee. Provides that such amount may be recovered in a civil action in an appropriate district court of the United States or in any State court of competent jurisdiction.

Referred to House Committee on Interstate and Foreign Commerce.

Sen. Moss, Frank E. [D-UT](D-UT)Sponsor
2committees
Jun 24, 197501
(Reported to Senate from the Committee on Commerce with amendment, S. Rept. 94-252)

Consumer Fraud Act - Defines the terms used in this Act, including "unfair consumer practice," to mean: (1) offering or advertising goods or services for sale to a consumer with knowledge that such goods or services will not be sold as so offered or advertised; (2) making false or misleading statements with respect to goods or services which are offered for sale or sold to a consumer; and (3) using physical force, threat of physical force, tortious threats or harassment or misrepresentation of law in the course of a sale or attempted sale to a consumer of goods or services or in the course of collection of the purchase price.

Provides that whoever, in connection with the sale, attempted sale, or distribution of goods or services to a consumer, or in connection with the collection or attempted collection of the purchase price or portion thereof of goods or services by the use of any means or instrumentality of transportation or communication in or affecting interstate or foreign commerce including the use of the mails, knowingly engages in an unfair consumer practice, as defined in this Act, shall be fined, in the case of a first offense, no more than $1,000 or imprisoned for no more than 1 year, or both, or in the case of a second or subsequent offense, shall be fined no more than $10,000 or imprisoned for no more than 3 years, or both.

States that any contract or agreement in or affecting interstate or foreign commerce which provides for the purchase of goods or services which results from a transaction that involves an unfair consumer practice by a supplier may be voided by the affected consumer. Makes any person who knowingly induces a consumer to enter into a contract or agreement pursuant to or in furtherance of an unfair consumer practice liable to such concumer in an amount equal to three times the damage or loss suffered, together with the costs of any legal action required including a reasonable attorney's fee. Provides that such amount may be recovered in a civil action in an appropriate district court of the United States or in any State court of competent jurisdiction.

Feb 12, 197500

Consumer Fraud Act - Provides that whoever, in connection with the sale or distribution of goods, services, or other property by the use of any means or instrumentality of transportation or communication in or affecting interstate or foreign commerce or by use of the mails, with actual knowledge, engages in or offers or attempts to engage in an unfair consumer practice, shall be fined not more than $10,000 or imprisoned for not more than three years, or both.

Sets forth the definition of "unfair consumer practice", including: (1) offering goods or services intending not to sell them as offered; (2) advertising goods or services intending not to supply reasonably expectable public demands, unless the advertisement discloses a limitation; (3) knowingly making false or misleading statements concerning the need for, or necessity of, any goods, service replacements, or repairs; and (4) representing that the consumer will obtain any rights, privileges, or remedies knowing that the consumer will not in fact obtain them.

States that any contract or agreement which provides for the purchase of goods or services in furtherance of an unfair consumer practice is void.

Grants the Attorney General of the United States, or the chief law enforcement officer or the attorney general of any State in which a prohibited act or practice occured, authority to bring an action in the appropriate district court of the United States to enjoin such act or practice.

States that his Act does not affect the scope or applicability of the laws of any State relating to unfair consumer practices except to the extent that such laws permit acts or practices which are prohibited by this Act.

Consumer Fraud Act — Informed