Title 5, Government Operations

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.

Any settlement (in or out of court) between a consumer and developer or other person who is liable for breach of a warranty established by this Article 5 is voidable by the consumer unless first approved in writing acknowledged by the consumer and signed by either the Attorney Ge…

All warranties on a new home, expressed, implied, or as set forth in this Article 5, run with the land and, if the house is sold or transferred, the warranties pass with the land as a matter of law. Such warranties and the passing thereof do not in themselves create any right of …

All warranties contained in this Article 5 are in addition to all other warranties established by law, equity, or by agreement of the parties. Nothing in this article may be used as a defense in the enforcement of any other warranties. ---------- ARTICLE 6 CONSUMER PROTECTION AND…

This act shall be known as the “Consumer Protection and Right to Choose Cable Television Service Act”. SOURCE: Added by P.L. 23-068:1 (Feb. 26, 1995).

(a) The Legislature finds and declares the following: (1) There is a substantial governmental and First Amendment interest in promoting a diversity of views provided through consumer choice in available providers of cable television services (hereinafter “cable operators”); (2) T…

(a) No property owner, condominium association, managing agent, lessee or other person in possession or control of any residential building (hereinafter “property manager”) shall forbid or prevent any occupant, tenant or lessee (hereinafter “tenant”) of any such building from (1)…

(a) Unauthorized Interception or Receipt or Assistance in Intercepting or Receiving Service; Definition of ‘Assist in Intercepting or Receiving.’ (1) No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system…

I Liheslaturan Guåhan finds that nationwide, the broad use and public exposure of Social Security Numbers has been a major contributor to the tremendous growth in identity theft and other forms of credit fraud. Therefore, it is the intent of I Liheslaturan Guåhan to protect the c…

This Act shall be known and may be cited as the “Social Security Number Confidentiality Act”.

The following definitions shall be used in interpreting this Act: (a) “Phish” means the act of sending an electronic mail or message over the internet to a user in an attempt to mislead the user into surrendering private information for any purpose other than the purpose disclose…