HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 91

AMEND House Bill No. 91 by deleting lines 5 through 10 in their entirety and inserting in lieu thereof the following:

“ (9) “Unfair practice” means any act or practice that causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition. In determining whether an act or practice is unfair, violations of public policy   as established by law, regulation, or judicial decision applicable in this State may be considered as evidence of substantial injury. ”

SYNOPSIS

This amendment modifies the definition of “unfair practice” to more closely follow the definition of “unfair trade practice” currently used by the Federal Trade Commission, and reflects negotiations with stakeholders regarding the Act.