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Session Laws, 1975
Volume 716, Page 519   View pdf image
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MARVIN MANDEL, Governor

519

MEDICAL OR DENTAL PRACTITIONER;

(2) A MERCHANT REGULATED BY THE PUBLIC SERVICE
COMMISSION; OR

(3) A TELEVISION OR RADIO BROADCASTING STATION OR A
PUBLISHER OR PRINTER OF A NEWSPAPER, MAGAZINE, OR OTHER
FORM OF PRINTED ADVERTISING WHO BROADCASTS, PUBLISHES, OR
PRINTS AN ADVERTISEMENT WHICH VIOLATES THIS TITLE, UNLESS
THE STATION, PUBLISHER, OR PRINTER ENGAGES IN AN UNFAIR
OR DECEPTIVE TRADE PRACTICE IN THE SALE OF ITS OWN GOODS
OR SERVICES OR HAS KNOWLEDGE THAT THE ADVERTISING IS IN
VIOLATION OF THIS TITLE.

REVISOR'S NOTE: This section presently appears as
Art. 83, §20J(a).

In item (3), the phrase "unfair or deceptive
trade practice" is substituted for "deceptive
or unconscionable practice" to conform to the
general usage in this title. Senate Bill 392
of the 1974 Legislative Session — which as Ch.
609, Acts of 1974, enacted this section — was
amended prior to enactment to remove
references to unconscionability; retention of
the term here was an apparent oversight.

Also, in item (3), the phrase "offering for
sale" is deleted as unnecessary in light of
the definition of "sale" in §13—101 as
including an offer for sale.

The only other changes are in style.

13-105. CONSTRUCTION.

THIS TITLE SHALL BE CONSTRUED AND APPLIED LIBERALLY
TO PROMOTE ITS PURPOSE. IT IS THE INTENT OF THE GENERAL
ASSEMBLY THAT IN CONSTRUING THE TERM UNFAIR OR DECEPTIVE
TRADE PRACTICES, DUE CONSIDERATION AND WEIGHT BE GIVEN TO
THE INTERPRETATIONS OF §5(A) (1) OF THE FEDERAL TRADE
COMMISSION ACT BY THE FEDERAL TRADE COMMISSION AND THE
FEDERAL COURTS.

REVISOR'S NOTE; This section presently appears as
Art. 83, §20A.

The term "unfair or deceptive trade practices"
is substituted for "unlawful or deceptive
practices as defined in this subheading" since
the former is, in fact, the term used and
defined in the present law. See §13—301.

The only other changes are in style.

 

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Session Laws, 1975
Volume 716, Page 519   View pdf image
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