Said.pdf

The Federal Trade Commission (FTC) issued a policy statement on deception, outlining its enforcement policy against deceptive acts or practices. The statement emphasizes that a representation, omission, or practice must be likely to mislead a reasonable consumer, and that the practice must be material, meaning it is likely to affect the consumer's decision. The FTC considers the entire advertisement, transaction, or course of dealing, and examines the practice from the perspective of a reasonable consumer. The statement also notes that a company is not liable for every interpretation or action by a consumer, but rather only for those that are reasonable. Key elements of deception include:

1. A representation, omission, or practice that is likely to mislead the consumer.
2. The practice must be considered from the perspective of a reasonable consumer.
3. The representation, omission, or practice must be material, meaning it is likely to affect the consumer's decision.

Examples of deceptive practices include false oral or written representations, misleading price claims, sales of hazardous or defective products without adequate disclosures, and failure to perform promised services. The FTC will find deception if there is a representation, omission, or practice that is likely to mislead a reasonable consumer to their detriment.