
 Originally Posted by 
Attempt-Fight-Gear
					
				 
				para mahuman namo o.
TITLE III
PROTECTION AGAINST DECEPTIVE, UNFAIR AND
UNCONSCIONABLE SALES ACTS OR PRACTICES
 
CHAPTER I
DECEPTIVE, UNFAIR AND UNCONSCIONABLE
SALES ACTS OR PRACTICES
 
Art. 48. Declaration of Policy. - The State shall promote and encourage fair, honest and equitable relations among parties in consumer transactions and protect the consumer against deceptive, unfair and unconscionable sales acts or practices. 
  
Art. 49. Implementing Agency. - The Department of Trade and Industry, hereby referred to as the Department, shall enforce the provisions of this Chapter. 
 
REGULATION OF SALES ACTS AND PRACTICES
 
Art. 50. Prohibition Against Deceptive Sales Acts or Practices. - A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service. 
  
Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that: 
  
(a) a consumer product or service has the sponsorship, approval, performance, characteristics, ingredients, accessories, uses, or benefits it does not have; 
  
(b) a consumer product or service is of a particular standard, quality, grade, style, or model when in fact it is not; 
  
(c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state; 
  
(d) a consumer product or service is available to the consumer for a reason that is different from the fact; 
  
(e) a consumer product or service has been supplied in accordance with the previous representation when in fact it is not; 
  
(f) a consumer product or service can be supplied in a quantity greater than the supplier intends; 
  
(g) a service, or repair of a consumer product is needed when in fact it is not; 
  
(h) a specific price advantage of a consumer product exists when in fact it does not; 
  
(i) the sales act or practice involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms or other rights, remedies or obligations if the indication is false; and 
  
(j) the seller or supplier has a sponsorship, approval, or affiliation he does not have. 
  
Art. 51. Deceptive Sales Act or Practices By Regulation. - The Department shall, after due notice and hearing, promulgate regulations declaring as deceptive any sales act, practice or technique which is a misrepresentation of facts other than these enumerated in Article 50. 
  
Art. 52. Unfair or Unconscionable Sales Act or Practice. - An unfair or unconscionable sales act or practice by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs before, during or after the consumer transaction. An act or practice shall be deemed unfair or unconscionable whenever the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions of the environment or surroundings, induces the consumer to enter into a sales or lease transaction grossly inimical to the interests of the consumer or grossly one-sided in favor of the producer, manufacturer, distributor, supplier or seller. 
In determining whether an act or practice is unfair and unconscionable, the following circumstances shall be considered: