Under the Unfair, Deceptive or Abusive Acts or Practices statutes, when is a practice considered deceptive?

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A practice is considered deceptive under the Unfair, Deceptive or Abusive Acts or Practices statutes when misrepresentation is likely to mislead consumers. This means that if a business creates a false impression through statements or omissions that a reasonable consumer would find misleading, it qualifies as a deceptive practice. The focus is on the potential to mislead rather than the actual injury that might result from the misrepresentation.

The intent behind this definition is to protect consumers from being led to believe something that isn’t true, regardless of whether they ultimately suffer harm or not. It acknowledges that misleading information can affect consumer choices, and the potential for the misinformation to be harmful can exist even in the absence of actual injury.

While substantial injury and the ability to avoid it are important aspects of consumer protection, they relate more to unfair practices rather than the specific criterion for deception. Therefore, the emphasis on misrepresentation and its likelihood to mislead is key to identifying a deceptive practice under these statutes.

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