Title 5 — Government Operations

This chapter shall be liberally construed so that its beneficial purposes may be accomplished.

This chapter may be cited as the “Deceptive Trade Practices - Consumer Protection Act”.

As used in this chapter: (a) Business consumer means an individual, partnership or corporation who seeks or acquires by purchase or lease, any goods or services for commercial or business use. The term does not include the government of Guam. (b) Consumer goods means tangible goo…

(a) Any waiver by a consumer of the provisions of this chapter, any warranty, or the provisions of any statute imposing a duty or obligation upon another, is contrary to public policy and is unenforceable and void; provided, however, that a waiver not related to a warranty or pro…

(a) The provisions of this chapter are not exclusive. The remedies specified in this chapter for violation of any section of this chapter or for conduct proscribed by any section of this chapter shall be in addition to any other procedures or remedies for any violation or wrongfu…

There shall be no right of jury trial in any civil action brought pursuant to this chapter, except to the extent mandated by the Organic Act of Guam and the Constitution of the United States.

On a finding by the court that an action under this chapter was groundless and brought in bad faith, or brought for the purpose of harassment, the court shall award to the innocent party reasonable and necessary attorney’s fees and court costs.

(a) Liberal construction. This chapter shall be liberally construed in favor of the consumer and shall be applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches o…

The Attorney General and each consumer who prevails in an action brought under this chapter shall be awarded court costs and reasonable and necessary attorney’s fees.

(a) As a prerequisite to filing a suit seeking damages under this chapter against any person by a consumer not represented by the Attorney General, a consumer shall give written notice to the person at least thirty (30) days before filing the suit advising the person, in reasonab…

Any aggrieved consumer or the Attorney General may maintain an action for any of the following: (a) Any prohibited act or practice that is specifically enumerated in this chapter, including but not limited to acts of omission, failure to honor any warranty or agreement with the c…

In a suit filed pursuant to this chapter, a consumer, not represented by the Attorney General who prevails may obtain: (a) The amount of actual, exemplary, and punitive damages found by the trier of fact. If the trier of fact finds that the conduct of the party was committed know…

The court may make such additional orders or judgments as are necessary to compensate identifiable persons for actual damages or to restore money or property, real or personal, which may have been acquired by means of any unlawful or prohibited act or practice. Orders of the cour…

(a) Nothing in this chapter shall apply to the owner or employees of a regularly published newspaper, magazine, or telephone directory, or broadcast station, or billboard, wherein in any advertisement in violation of this chapter is published or disseminated, unless it is establi…

Whenever a private party brings an action for relief based upon this chapter, the Attorney General shall be served with a copy of the complaint and summons, and may intervene as a matter of right and may cross claim and counterclaim on behalf of other consumers.

The Attorney General may represent one (1) or more named consumers for equitable relief, rescission of contract or sale, restitution, civil penalties and attorney’s fees; may bring a class action on behalf of Guam consumers for equitable relief, rescission of contract or sale, da…

If damages or civil penalties are assessed against the seller of goods or services for advertisements or promotional material in a suit filed under this chapter, the seller of the goods or services has a cause of action against a third party for the amount of damages or civil pen…

A person against whom an action has been brought under this chapter may seek contribution or indemnity from one who, under a statute or at common law, may have liability for the damaging event of which the consumer complains. A person seeking indemnity or contribution may recover…

The court may issue any person including the Attorney General temporary restraining orders, and temporary or permanent injunctions to restrain and prevent violations of this chapter and such injunctive relief shall be issued without bond. The complaining party need not show that …

A sale of goods or services which is based upon or induced by a false, misleading, deceptive or prohibited act or practice as described in this chapter is not enforceable by the party responsible for the false, misleading, deceptive or prohibited act or practice, and may be revok…

All actions brought under this chapter must be commenced within three (3) years after the date on which the false, misleading, or deceptive act or practice or prohibited act occurred or within three years after the consumer discovered or in the exercise of reason able diligence s…

(a) In the administration of this chapter the Attorney General may accept assurance of voluntary compliance with respect to any act or practice which violates this chapter from any person who is engaging in, has engaged in, or is about to engage in the act or practice. The assura…

(a) If a money judgment entered under this chapter is unsatisfied thirty (30) days after it becomes final and if the prevailing party has made a good faith attempt to obtain satisfaction of the judgment, the following presumptions exist with respect to the party against whom the …

Whenever the Attorney General has reason to believe that a person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by this chapter, or when the Attorney General reasonably believes it to be in the public interest to conduct an i…

Whenever the Attorney General believes that any person may be in possession, custody, or control of the original copy of any documentary material relevant to the subject matter of an investigation of a possible violation of this chapter, an authorized agent of the Attorney Genera…

(a) Each demand for information by the Attorney General under this chapter prior to filing an action in the Superior Court, shall: (1) state the statute and section under which the alleged violation is being investigated, and the general subject matter of the investigation; (2) d…

In addition to all other remedies available as provided in this chapter or at law or equity, the Attorney General shall have the following remedies and standing to enforce the provisions of this chapter: (a) In addition to other remedies available, the court may, upon application…

(a) Any person who, with intent to avoid, evade or prevent compliance, in whole or in part, with the provisions of this chapter, removes from any place, conceals, or withholds any documentary material or merchandise or sample of merchandise in violation of a court order to produc…

Nothing in this chapter shall be construed as creating any defense to an action for death or personal injury nor shall anything in this chapter be construed as a defense to any claim by a consumer nor shall it be construed mitigating or reducing any claim for damages made by a co…

The penalty provisions of Articles 2, 3, 4 and 5 of this chapter apply only to acts or practices occurring after the effective date of this chapter.

(a) There is hereby established a fund to be known as the Consumer Protection Fund (the "Fund") which shall be maintained separate and apart from other funds of the government of Guam and independent records and accounts shall be maintained in connection therewith. All civil pena…

Suit may be brought directly notwithstanding an agreement to arbitrate entered into in accordance with the terms of this Chapter, and arbitration may be bypassed by the consumer for breach of express or implied warranty. ---------- ARTICLE 2 DECEPTIVE ACTS AND PROHIBITED PRACTICE…

(a) False, misleading, or deceptive acts or practices, including, but not limited to those listed in this chapter, are hereby declared unlawful and are subject to action by the Attorney General or any person as permitted pursuant to this chapter or other provisions of Guam law. A…

Do Not Result in Death or Personal Injury. This section does not apply in any case where personal injury or death results from defective tangible goods or the sale of defective tangible goods nor does it apply to goods not sold to an aggrieved consumer by a merchant. (a) New good…

Any provision for costs or attorneys’ fees in any agreement, contract, or lease shall, in the interest of fairness, be construed as being mutual and shall be construed to entitle all parties who are obligated by or who benefit from the provision to receive attorneys’ fees and cos…

(a) The term telemarketing means a plan, program, or campaign to induce the purchase of goods, services, or investment opportunities by means of telephone calls but does not include any transaction in which there has been any personal meeting or discussion concerning the matter b…

(a) Not less than ten (10) days prior to doing business in the Territory of Guam a telephonic seller shall register by filing with the Attorney General’s Office the information required by § 32306 of this article and by paying a filing fee of Fifty Dollars ($50). A seller shall b…

When tangible goods are delivered to a consumer which have been ordered from a telephonic seller as a part of a telemarketing scheme, there shall also be delivered a written notice on a page by itself in at least 14 point type informing the consumer that the consumer may return t…

No sale or contract for sale of services, intangible goods, stocks, bonds, or investment opportunities by a telemarketing seller is final or enforce able until the consumer has signed a contract to purchase the same and delivered a signed copy of the contract to the seller. In th…

No telemarketing seller nor its successor in interest (including a bona fide purchaser for value) nor any credit card company may collect any sums due for telemarketing sales made in violation of this article. Any charges collected in violation of this section shall be returned b…

Each filing pursuant to this article shall contain the following information: (a) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the seller, and the name of any parent or affiliated orga…

In addition to all other remedies permitted by this chapter, the Attorney General on behalf of the government of Guam, may bring an action against any person, firm, corporation, partnership or association, or officer or owner of any corporation who fails to comply with the regist…

Violation of any of the provisions of this article shall be deemed a deceptive trade practice pursuant to Articles 1 and 2 of this chapter, and is subject to action by the Attorney General. ---------- ARTICLE 4 PRIZES AND GIFTS

Sales Presentation; Good Faith Broadcasts or Publications; Applicability of Section. (a) It is unlawful for any person to offer, by mail, by telephone, in person or by any other means or in any other form, a prize or gift, with the intent to offer a sales presentation, without di…

Any violation of this article shall be deemed a deceptive trade practice pursuant to Articles 1 and 2 of this chapter, and is subject to action by the Attorney General.

Gifts. (a) It is unlawful for any person to use the term "prize" or "gift" or other similar term in any manner that would be untrue or misleading, including, but not limited to, in the manner made unlawful in subsections (b) or (c) of this section. (b) If a person is notified tha…

Purchasers. The Legislature finds that owners of new homes are entitled to protection through implied warranties since most people cannot detect shoddy construction in new homes, since it is usually hidden. For purposes of this section, if an existing building not a condominium i…

The warranties contained in this Article 5 may not be waived.

The warranties contained in this Article 5 may be exercised against the developer and the general contractor who built the home, who shall be strictly liable for any breaches of warranty, as well as against any subcontractor responsible for installing the part of the home in whic…

If a person who is a developer actually lives in a new house as his domicile for at least two (2) years before selling the same, then the warranties of this Article 5 do not apply.