Consumer Fraud Act of 1979

Summary

Consumer Fraud Act of 1979 - Sets forth the definition of "unfair consumer practice," including: (1) offering or advertising goods or services for sale to consumers and not selling them as offered or advertised; or (2) making false or misleading statements concerning the need for, or necessity of, any goods, service replacements, or repairs. States that any contract or agreement affecting interstate commerce which provides for the purchase of goods or services in furtherance of an unfair consumer practice may be voided by the affected consumer. Makes persons who induce consumers into such contracts or agreements liable to such consumers for treble damages and for legal costs. Authorizes State attorneys general to bring civil actions in Federal or State courts in the name of the State, as parens patriae for consumer residents, to secure treble damages and legal costs for unfair consumer practices, with monetary relief to be distributed among such consumers or deposited with the State as a civil penalty. Grants the Attorney General of the United States, the appropriate United States attorney, or the State attorney general of any State in which a prohibited act or practice occurred, authority to bring an action in the appropriate district court of the United States or the appropriate State court of competent jurisdiction, to enjoin such act or practice. States that whoever, in connection with the sale or distribution of goods or services by the use of any means or instrumentality of transportation or communication in or affecting interstate or foreign commerce or by use of the mails engages in an unfair consumer practice, shall be fined not more than $100,000 if an individual, or not more than $500,000 if an organization, or imprisoned for not more than three years, or both. Authorizes each State attorney general to bring an action, in the name of the United States, in an appropriate Federal or State court to enforce such criminal code provisions. Directs such attorneys general to notify the Attorney General of the United States and the appropriate United States attorney that such actions have been commenced. Authorizes the Attorney General to enter an appearance in such actions and/or to prosecute such actions. Authorizes the State attorney general to prosecute such an action if the Attorney General fails to prosecute with due diligence within a specified period.

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1 official file

• Introduced in House

  summary · EN · 28 June 1979

  Open at official source

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