What are the guidelines for identifying “unfair” or “deceptive” practices?

In the state of Washington, any act or practice that is misleading or has a tendency to deceive is considered an unfair or deceptive practice. This includes providing false or misleading information on products or services, failing to disclose material information, or using false or misleading labels. To determine if a practice is deceptive or unfair, the Federal Trade Commission (FTC) considers several factors. These include the type of representation made, whether or not it is likely to deceive a reasonable consumer, the gravity of the potential harm, and the likelihood that any misleading or false statements will influence a consumer’s decision. The FTC also states that an advertisement may be considered deceptive if it fails to communicate important information about a product or service in a clear and understandable way. This means that advertisements should be free from any confusion and should contain all the necessary facts. Additionally, the advertisement must accurately represent the availability and features of the product or service. Under advertising law, any advertisement that is false, deceptive, or misleading is subject to legal action. In Washington, any company that is found to be culpable of deceiving consumers can be liable for civil penalties and injunctive relief. Additionally, if the advertising practices are found to be intentional, the Washington Attorney General can bring legal action against the company in order to seek damages on behalf of the consumers.

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What are the guidelines for identifying “unfair” or “deceptive” practices?

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