Investor Presentaiton
No. 46 of 2012
[Rev. 2016]
Consumer Protection
(o) a representation that misrepresents the purpose or intent of any
solicitation of or any communication with a consumer;
(p) a representation that misrepresents the purpose of any charge or
proposed charge;
(q) a representation that misrepresents or exaggerates the benefits that
are likely to flow to a consumer if the consumer helps a person obtain
new or potential customers;
(r)
unconscionable representation.
13. Unconscionable representation
(1) It is an unfair practice to make an unconscionable representation.
(2) Without limiting the generality of what may be taken into account in
determining whether a representation is unconscionable, there may be taken into
account that the person making the representation or the person's employer or
principal knows or ought to know—
(a) that the consumer is not reasonably able to protect his or her interests
because of disability, ignorance, illiteracy, inability to understand the
language of an agreement or similar factors;
(b) that the price grossly exceeds the price at which similar goods or
services are readily available to like consumers;
(c) that the consumer is unable to receive a substantial benefit from the
subject-matter of the representation;
(d) that there is no reasonable probability of payment of the obligation in
full by the consumer;
(e) that the consumer transaction is excessively one-sided in favor of
someone other than the consumer;
(f)
that the terms of the consumer transaction are so adverse to the
consumer as to be inequitable;
(g) that a statement of opinion is misleading and the consumer is likely
to rely on it to his or her detriment; or
(h) that the consumer is being subjected to undue pressure to enter into
a consumer transaction.
14. Renegotiation of price
It is an unfair practice for a person to use his, her or its custody or control of
a consumer's goods to pressure the consumer into renegotiating the terms of a
consumer transaction.
15. Prohibition of unfair practices
(1) No person shall engage in an unfair practice.
(2) A person who performs an act referred to in sections 12, 13 and 14 shall
be deemed to be engaging in an unfair practice.
(3) It is not an unfair practice for a person, on behalf of another person, to print,
publish, distribute, broadcast or telecast a representation that the person accepted
in good faith for printing, publishing, distributing, broadcasting or telecasting in the
ordinary course of business.
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