Chapter 31

COL1201065GCA GOVERNMENT OPERATIONS CH.31CONSUMER COUNSEL 1CHAPTER 31 CONSUMER COUNSEL NOTE: The Consumer Counsel was merged into the Department of Law (Office of the Attorney General) by P .L. 13 -117. Govern ment Code 7005 provided that the Deputy in charge of the Consumer Counsel division 'shall be governed by a nd operate under the authority given the Consumer Counsel under [this Chapter]', but under the cognizance of the Attorney General. Public Law 17 -6, in amending GC 7005 [5 GCA § 30106] further merged the Consumer Counsel into the Attor ney General’s Office, giving the Consumer Counsel no special powers separate from the Attorney General. In fact, there is no Consumer Counsel Division of the Office, but to conform with 5 GCA § 30105. there is an identifiable Consumer Advocate within the Litigation Division of the Attorney General’ s Office. Therefore, where P .L. 12 -36, establishing the Office of Consum er Counsel, refers to the Consumer Counsel as having certain powers and duties, this Chapter will refer to that office as the Attorney General, as it is now th at officer who exercises the ultimate discre tion over the Consumer Counsel duties carried on within the

rs and duties, this Chapter will refer to that office as the Attorney General, as it is now th at officer who exercises the ultimate discre tion over the Consumer Counsel duties carried on within the office. § 31101. Legislative Intent. § 31102. Office of Consumer Counsel. [Repealed] § 31103. Personnel Consumer Counsel. [Repealed] § 31104. Genera l Functions, Powers & Duties. § 31105. Enforcement of Laws by Consumer Counsel. § 31106. Duties in Civil Cases. § 31107. Private Civil Matters: Public Defender . [Repealed] § 31108. Investigations in Consumer Matters. § 31109. Cooperation with Office. § 31110. Powers & Duties of Other Departments. § 31101. Legislative Intent. The Legislature declares that the public health, welfare and interest require a strong and effective consumer protection program to protect the interest of both the consumer public an d legitimate busi nessman. The Legislature further declares that the govern ment advances the interest of consum ers by facilitating the proper functioning of the free enterprise market economy through: (a) educating and informing the consumer to insure ra tional consumer choice in the marketplace; (b) protecting the consumer from the

proper functioning of the free enterprise market economy through: (a) educating and informing the consumer to insure ra tional consumer choice in the marketplace; (b) protecting the consumer from the sale of goods and services through the use of deceptive methods, acts, or practices which are inimical to the general welfare of consumers;COL1201065GCA GOVERNMENT OPERATIONS CH.31CONSUMER COUNSEL 2(c) fostering competition; (d) promo ting effective representation of consumers’ interests in all branches and levels of government. Towa rds these ends, a permanent Office of Consumer Counsel is created within [the Depart ment of Law] to coordinate boards, departments, and agencies, together with private organiza tions, to aid in the development of preventive and remedial programs affecting the interests of the consumer public, and to vigorously prosecute those who violate the consumer protection laws of the territory . SOURCE: GC § 53630 add ed by P.L. 12 -36; modified by P .L. 13 -117 and P .L. 17 - 6. § 31102. Office of Consumer Counsel: Con sumer Counsel. [Repealed.] SOURCE: GC § 53631 added by P .L. 12 -36; repealed by P .L. 13 -117. § 31103.

. 12 -36; modified by P .L. 13 -117 and P .L. 17 - 6. § 31102. Office of Consumer Counsel: Con sumer Counsel. [Repealed.] SOURCE: GC § 53631 added by P .L. 12 -36; repealed by P .L. 13 -117. § 31103. Personnel of the Office of Consumer Counsel. [Repeal ed.] SOURCE: GC § 53632 added by P .L. 12 -36; repealed by P .L. 13 -117. § 31104. General Functions, Powers & Duties. The [Consumer Counsel within the Department of Law] shall have the following functions, powers and duties: (a) T o coordinate the consumer protection activities of the departments, agencies, divi sions, commissions and branches of the govern ment of Guam concerned with consumer protection; (b) To advise and ma ke recommendations to the Governor and the Legislature on matters affecting consum ers; (c) To assist, advise and cooperate with federal, state and local agencies and officials to protect and promote the interests of the consum erpublic; (d) To conduct investigations, research, studies and analysis of matters affecting the interests of c onsumers; (e) To study the operation of laws affecting consumers and to recommend to the Governor and the Legislature new laws and amendments to laws in the consumers’

rs affecting the interests of c onsumers; (e) To study the operation of laws affecting consumers and to recommend to the Governor and the Legislature new laws and amendments to laws in the consumers’ interest;COL1201065GCA GOVERNMENT OPERATIONS CH.31CONSUMER COUNSEL 3(f) To investigate reported or suspected violations of laws enacted, and rules and regula tions promulgated for the purpose of consumer protection and to enforce such laws, rules and regulations by bringing appropriate actions in either the Superior Court or District Court of Guam ; (g) T o organize and hold conferences on problems af fecting consumers; and to undertake activities to encour age business and industry to maintain high standards of honesty , fair busi ness practices, and public responsibility in the production, promotion and sale of consumer goods and services; (h) T o provi de a central clearinghouse of inform ation by collecting and compiling all con sumer complaints and inquiries and directing the complaining or inquiring party to the proper federal or territorial authorities; (i) T o propose and assist in the creation and de velop ment of consumer education program s; (j) T o represent the consumers’

ing or inquiring party to the proper federal or territorial authorities; (i) T o propose and assist in the creation and de velop ment of consumer education program s; (j) T o represent the consumers’ interests before federal and territorial legislative hearings and executive commis sions; (k) T o perform such other acts as m ay be incidental to the exercise of the functions, power s and duties set forth in this section; (l) To publicize the services of the [Con sumer Counsel]; and (m) To solicit and accept contributions for carrying out the services and duties of the [Counsel]. The acceptance of contributions shall, in no way , inter fere with or affect the judgment of the Consumer Counsel. SOURCE: GC § 53633 added by P .L. 12 -36. Modified by P .L. 13 -117 and P .L. 17 - 6. COMMENT : Words in brackets [ ---] in this and other sections of this Chapter indicate where modifications have been ma de to the text by the Compiler to conform the text to the demands of P .L. 13 -117 and P .L. 17 -6, as they merged the Office of Consumer Counsel into the Department of Law . These changes recognize that there is no longer a separate Office of Consumer Counsel and that such a change was

.L. 17 -6, as they merged the Office of Consumer Counsel into the Department of Law . These changes recognize that there is no longer a separate Office of Consumer Counsel and that such a change was brought about by P .L. 13 -117 and P .L. 17 -6. § 31105. Enforcement of Laws by Consumer Counsel. (a) The [Attorney General] shall have responsibility for appearing on behalf of the government of Guam in all those cases brought in the name of the government of Guam to enforce consumer protection laws. COL1201065GCA GOVERNMENT OPERATIONS CH.31CONSUMER COUNSEL 4(b) [Repealed.] SOURCE: GC § 53634 added by P .L. 12 -36. Subsection (b) was repealed by P .L. 13-117 and P .L. 17 -6. § 31106. Duties in Civil Cases. [Repealed.] SOURCE: GC § 53635 ad ded by P .L. 12 -36. Repealed by merger of Consumer Counsel into the Department of Law under the Attorney General by P .L. 13 -117 and P.L. 17 -6.] § 31107. Private Civil Matters: Public De fender . [Repealed.] SOURCE: GC § 53636 added by P .L. 12 -36. Name of P ublic Defender changed to show change in that Office since adoption of this section. Repealed by P .L. 21 -18:2 as part of the creation of a new Consumer Protection Law .

d by P .L. 12 -36. Name of P ublic Defender changed to show change in that Office since adoption of this section. Repealed by P .L. 21 -18:2 as part of the creation of a new Consumer Protection Law . See Chapter 32 of this Title. CROSS -REFERENCE: See 5 GCA § 30103 relative to Common Law powers of Attorney General, and his powers to represent the people 'in parens patriae', including repre sentation in consumer matters. 5 GCA § 30103 was added by P .L. 13-117. § 31108. Investigations in Consumer Matters. The [Attorney General] m ay, in the course of his investigations, issue subpoenas to any indi vidual or to any director, officer, employee, or agent of any business organization within the territory , conduct hearings in aid of any inves tigation or inquiry , and m ayprescribe such form s and p romulgate such rules and regulations as m aybe necessary in the interest of the consumer public. SOURCE: GC § 53637 added by P .L. 12 -36. § 31109. Cooperation with Consumer Counsel. Each department, agency , officer and employee of the territory shall cooperate with and assist the [Attorney General] in the perform ance of the functions, powers and duties of the [Consumer Counsel].

ch department, agency , officer and employee of the territory shall cooperate with and assist the [Attorney General] in the perform ance of the functions, powers and duties of the [Consumer Counsel]. SOURCE: GC § 53638 added by P .L. 12 -36. § 311 10. Powers & Duties of Other Depart ments. Nothing contained in this Chapter shal l be deemed to delegate or detract in any way from the functions, powers and duties prescribed by law for any other department or agency of the territory . SOURCE: GC § 53639 added by P .L. 12 -36.COL1201065GCA GOVERNMENT OPERATIONS CH.31CONSUMER COUNSEL 5----------