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2012 -- H 7003 | |
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LC00122 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - | |
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DECEPTIVE TRADE PRACTICES | |
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Introduced By: Representatives Kennedy, San Bento, Azzinaro, Ruggiero, and E Coderre | |
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Date Introduced: January 04, 2012 | |
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Referred To: House Corporations | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 6-13.1-4 of the General Laws in Chapter 6-13.1 entitled "Deceptive |
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Trade Practices" is hereby amended to read as follows: |
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6-13.1-4. Exemptions. – (a) Nothing in this chapter shall apply to actions or transactions |
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permitted under laws administered by the department of business regulation or other regulatory |
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body or officer acting under statutory authority of this state or the United States. |
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(b) Notwithstanding subsection 6-13.1-4(a), if a consumer’s claim is otherwise a |
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violation of the provisions of this chapter and a state regulatory body does not have the statutory |
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authority to obtain reimbursement, restitution or compensation on behalf of the aggrieved |
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consumer, the attorney general shall have the authority to proceed pursuant to this chapter, |
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including, but not limited to, filing a complaint in superior court for damages or injunctive relief |
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on behalf of the consumer. In order for the attorney general to take such action, the consumer |
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must file a formal complaint with the attorney general’s consumer protection unit. It shall be the |
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attorney general’s burden of proof to show that the state regulatory body does not have the |
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statutory authority to award or authorize reimbursement, restitution or compensation with respect |
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to the consumer complaint concerning a particular action or transaction. The attorney general may |
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rely on the original decision of the state regulatory body as evidence of violation of this chapter. |
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SECTION 2. This act shall take effect upon passage. |
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LC00122 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - | |
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DECEPTIVE TRADE PRACTICES | |
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This act would give the attorney general supplemental jurisdiction under the deceptive |
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trade practices act where the regulatory agency does not have the authority to award a consumer |
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reimbursement, restitution or compensation with respect to a consumer’s claim. |
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This act would take effect upon passage. |
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LC00122 | |
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