MARVIN MANDEL, Governor

2063

FOR OR RECEIVED SEPARATE CHARGES FOR INSURANCE WITH
RESPECT TO CREDIT SALES WITH THE EFFECT OF MAKING THE
SALES, CONSIDERED AS A WHOLE, UNCONSCIONABLE.

(5) THE FACT THAT THE MERCHANT HAS KNOWINGLY
TAKEN ADVANTAGE OF THE INABILITY OF THE CONSUMER TO
REASONABLY PROTECT HIS INTERESTS BY REASON OF PHYSICAL OR
MENTAL INFIRMITIES, IGNORANCE, ILLITERACY OR INABILITY TO
UNDERSTAND THE LANGUAGE OF THE AGREEMENT, OR SIMILAR
FACTORS.

(E)]] A PRACTICE WHICH IS UNFAIR[[,]] OR DECEPTIVE
[(OR UNCONSCIONABLE]] IS A VIOLATION OF THIS SUBHEADING
WHETHER OR NOT ANY CONSUMER OR CLASS OF CONSUMERS HAS IN
FACT BEEN MISLED, DECEIVED, OR DAMAGED AS A RESULT OF
THAT PRACTICE.

20E.

THE DIVISION AFTER OBTAINING THE ADVICE OF THE

CONSUMER COUNCIL AND [[MAY,]] AFTER A PUBLIC HEARING, MAY
ADOPT RULES AND REGULATIONS AS MAY BE NECESSARY TO
EFFECTUATE THE PURPOSES OF THIS SUBHEADING, INCLUDING
REGULATIONS DEFINING SPECIFIC UNFAIR, DECEPTIVE, OR
UNCONSCIONABLE TRADE PRACTICES. AT LEAST 10 DAYS PRIOR
NOTICE OF A PUBLIC HEARING SHALL BE FILED WITH THE STATE
DEPARTMENT OF LEGISLATIVE REFERENCE AND PUBLISHED IN TWO
DAILY NEWSPAPERS AT LEAST 15 DAYS PRIOR TO THE DATE OF
THE HEARING. [[COPIES OF THE RULES AND REGULATIONS
ADOPTED SHALL BE FILED WITH THE STATE DEPARTMENT OF
LEGISLATIVE REFERENCE AND AVAILABLE TO THE GENERAL
PUBLIC.]] UPON THE ADOPTION OF THE RULES OR REGULATIONS

THE DIVISION SHALL ISSUE A CONCISE STATEMENT OF THE

REASONS FOR ADOPTION INCLUDING OPPOSING REASONS TO

ADOPTION WHICH WERE REJECTED BY THE DIVISION. ANY BONA

FIDE CONSUMER GROUP OR TRADE ASSOCIATION, WHOSE MEMBERS

ARE DIRECTLY AFFECTED BY ANY RULE ADOPTED HEREUNDER, HAS

LEGAL STANDING TO CHALLENGE THE RULE IN THE NAME OF THE

GROUP OR THE ASSOCIATION, EVEN THOUGH THE GROUP OR THE

ASSOCIATION MAY NOT BE DIRECTLY AFFECTED BY THE RULE.

CHALLENGES TO ADOPTED RULES AND REGULATIONS SHALL BE MADE

IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

COPIES OF THE RULES AND REGULATIONS ADOPTED SHALL BE

FILED IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT
AND SHALL BE AVAILABLE TO THE GENERAL PUBLIC.

20F.

(A) ANY CONSUMER SUBJECTED TO AN UNLAWFUL TRADE
PRACTICE AS SET FORTH IN SECTION 20D OF THIS SUBHEADING
MAY FILE A COMPLAINT IN WRITING [[WHICH SHALL STATE]]
STATING THE NAME AND ADDRESS OF THE PERSON ALLEGED TO
HAVE COMMITTED THE VIOLATION COMPLAINED OF AND [[THE
PARTICULARS THEREOF]]] ITS PARTICULARS, AND ANY OTHER