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Unfair and Deceptive Acts and Practices (UDAP and UDAAP)

The FTC brings this action in a Georgia federal court under FTC Act § 13(b to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten monies, and other equitable relief for Prog Leasing’s unfair or deceptive practices in connection with the marketing, offering for sale, and sale of rent-to-own payment plans.

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This is the notice of proposed rulemaking for the origianal version of the FTC Telemarketing Sales Rule, 60 Fed. Reg. 8313 (Feb. 14, 1995). The FTC proposes to implement the Telemarketing and Consumer Fraud and Abuse Prevention Act. Section 3 of the Act directs the FTC to prescribe rules, within 365 days of enactment of the Act, prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. This proposed rule led to a final rule that was later extensively expanded and amended.

This FTC guide establishes standards for vocational and correspondence schools as to deceptive business names, use of diplomas and sales practices and misrepresentations as to accreditation or approval, facilities, services, staff qualifications, student employment prospects, and enrollment qualifications.

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