deceptive sales practices

The Federal Trade Commission and statutes in most states make deceptive sales practices unlawful. Historically, an act was deceptive if it had any tendency to deceive a nontrivial number of customers. A more recent reformulation of the test defines a deceptive act as one which is likely to deceive a consumer acting reasonably in the circumstances. See, e.g., Mass.G.L. c. 93A, No. 21(7); 15 U.S.C.A. No. 45(aX).

As term is used in consumer protection statutes, may import less than common law fraud in sale of goods or services though there must be some measure of deceit. Slaney v. Westwood Auto, Inc., 366 Mass. 688, 322 N.E.2d 768, 779.

A sales practice may be deceptive if it could reasonably be found to have caused person to act differently from way he otherwise would have acted. Kazmaier v. Wooten, C.A.Mass., 761 F.2d 46.

Such practices may encompass any type of business practice or action which deceives consumers, but acts or practices which are not among those listed by statute present jury question of whether action was deceptive. Southwest Lincoln-Mercury, Inc. v. Ross, Tex.Civ.App., 580 S.W.2d 2, 5. See, e.g., bait and switch.

See also consumer protection laws

- deceptive advertising