Chapter 32

5 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 1 CHAPTER 32 TRADE PRACTICES AND CONSUMER PROTECTION COMMENT : This Chapter 32 governing Trade Practices and Consumer Protection, was completely revised by P.L. 21-18:1. Not only did it update the law to govern unlawful trade practices as they have developed since the original law (P.L. 9-67) w as enacted, but it also strengthened the role of the Attorney General as Consumer Advocate, permitting the Attorney General to repres ent consumers in certain situations. Article 1. Consumer Protection -- Construction, Rem edies, Procedures, and Definitions. Article 2. Deceptive Acts and Prohibited Practices. Article 3. Regulation of Telemarketing. Article 4. Prizes and Gifts. Article 5. Homeowners’ Warranties. Article 6. Consumer Protection and Right to Choose Cable Television Service Act. Article 7. Social Security Number Confidentiality A ct. Article 8. Gift Cards and Gift Certificates. ARTICLE 1 CONSUMER PROTECTION -- CONSTRUCTION , REMEDIES , PROCEDURES , AND DEFINITIONS § 32101. Liberal Construction. § 32102. Short Title. § 32103. Definitions. § 32104. Waivers: Public Policy. § 32105. Remedies not Exclusive.

-- CONSTRUCTION , REMEDIES , PROCEDURES , AND DEFINITIONS § 32101. Liberal Construction. § 32102. Short Title. § 32103. Definitions. § 32104. Waivers: Public Policy. § 32105. Remedies not Exclusive. § 32106. No Jury Trial. § 32107. Bad Faith Action. § 32108. Construction and Application. § 32109. Attorney’s Fees and Costs. § 32110. Notice: Offer of Settlement. § 32111. Actions by Consumer or Attorney General. § 32112. Recovery by Consumer. § 32113. Additional Relief. § 32114. Exemptions. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 2 § 32115. Intervention by Attorney General. § 32116. Attorney General may Represent Consumers. § 32117. Promotional Material. § 32118. Indemnity. § 32119. Injunctive Relief. § 32120. Sale not Enforceable. § 32121. Limitation. § 32122. Voluntary Compliance. § 32123. Post-judgment Relief. § 32124. Reports and Examinations. § 32125. Civil Investigative Demand. § 32126. Same. Contents. § 32127. Other Remedies Available to Attorney Gener al. § 32128. Penalties. § 32129. Defenses Limited. § 32130. Application of Penalties. § 32131. Consumer Protection Fund. § 32132. Breach of an Express or Implied Warranty.

Available to Attorney Gener al. § 32128. Penalties. § 32129. Defenses Limited. § 32130. Application of Penalties. § 32131. Consumer Protection Fund. § 32132. Breach of an Express or Implied Warranty. § 32101. Liberal Construction. This chapter shall be liberally construed so that i ts beneficial purposes may be accomplished. § 32102. Short Title. This chapter may be cited as the 'Deceptive Trade P ractices - Consumer Protection Act'. § 32103. Definitions. As used in this chapter: (a) Business consumer means an individual, partners hip or corporation who seeks or acquires by purchase or lease, any goods or services for commercial or business us e. The term does not include the government of Guam. (b) Consumer goods means tangible goods purchased primarily for personal use or for use in the home o r on a farm. (c) Consumer services means services purchased primarily for personal use or for use in the home o r on a farm or to build, repair, maintain or enhance consumer g oods. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 3 (d) Consumer means an individual, partnership, association, corporation, or the government of Guam who seeks or acquires

215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 3 (d) Consumer means an individual, partnership, association, corporation, or the government of Guam who seeks or acquires by purchase or lease, any goods o r services, except that the term does not include a business co nsumer that has assets of Twenty-Five Million Dollars ($25 ,000,000) or more, or that is owned or controlled by a corpor ation or entity with assets of Twenty-Five Million Dollars ($25,000,000) or more. (e) Developer is a person who builds or who hires another to build new homes or buildings or condomin ium units for sale, as provided in this subsection. Any person who, during the three (3) years preceding the enact ment of this chapter, built or ordered built, had under con struction, or offered for sale three (3) or more new homes, new b uildings, or new condominium units, or any combination thereo f involving three (3) or more new homes, new building s, or new condominium units, in which the person had an e quity interest, is a developer for purposes of this secti on. If any member of a partnership meets the definition of a d eveloper, all partners are developers.

ium units, in which the person had an e quity interest, is a developer for purposes of this secti on. If any member of a partnership meets the definition of a d eveloper, all partners are developers. If any officer or dire ctor or majority shareholder of a corporation meets the def inition of a developer, the corporation is a developer. If the spouse of any person meets the definition of developer, both husband and wife are developers. Developer does not include lending institutions acting in good faith and not having an equity position in the new home or project. It does not in clude licensed real estate brokers and their salesmen not having an equity position in the new home, buildings, or cond ominium units, and who disclosed to the consumer all defect s therein then known to them. (f) Documentary material includes the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible documen t or recording, wherever situated. (g) Goods means tangible chattels, real property, l and, buildings, homes or condominiums built, purchased o r leased for use, investment or resale.

angible documen t or recording, wherever situated. (g) Goods means tangible chattels, real property, l and, buildings, homes or condominiums built, purchased o r leased for use, investment or resale. Goods also includes stocks, COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 4 bonds, and securities purchased for investment or r esale, funeral plans, annuities, retirement plans, and ins urance policies purchased for the protection of a person o r property. (h) Home means any building constructed for human habitation, including houses, apartment buildings, time share units, and condominiums. It includes homes built on leasehold property having a term, including all opt ions to renew, in excess of twenty-five (25) years. (i) Knowingly means actual awareness of the fals ity, deception, or unfairness of the act or practice giv ing rise to the consumer’s claim. Actual awareness may be infer red where objective manifestations indicate that a pers on acted with actual awareness. (j) Merchant means a person who deals in goods or services of the kind involved in the transaction or otherwise by his occupation or statements holds himself out a s having

ted with actual awareness. (j) Merchant means a person who deals in goods or services of the kind involved in the transaction or otherwise by his occupation or statements holds himself out a s having knowledge or skill peculiar to the practices, servi ces or goods involved in the transaction or to whom such knowled ge or skill may be attributed by his employment of an age nt or broker or other intermediary who by his occupation holds himself out as having such knowledge or skills In a ddition, a person who purports to be a merchant or holds himse lf out as a merchant is a merchant for purposes of this secti on. (k) Non-business consumer is a consumer who purchases goods or services primarily for personal use or use in the home or on a farm. (l) Person means an individual, partnership, corpor ation, association, or other group, however organized. (m) Retail sale means the purchase of goods or serv ices by an end user. (n) Sale and purchase include in reference to the s ale or purchase of goods and services the leasing or renta l of property, but do not include short term rentals of real property or leases of real property of ten (10) yea rs or less.

erence to the s ale or purchase of goods and services the leasing or renta l of property, but do not include short term rentals of real property or leases of real property of ten (10) yea rs or less. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 5 (o) Services means work, labor, or service purchase d or leased for use, including but not limited to servic es furnished in connection with the sale or repair of goods. (p) Trade and commerce mean the advertising, offeri ng for sale, sale, lease, or distribution of any good or service, of any property, tangible or intangible, real, persona l, or mixed, and any other article, commodity, or thing of value , wherever situated, and shall include any trade or commerce d irectly or indirectly affecting the people of Guam. (q) Unconscionable action or course of action means an act or practice which is perpetrated by a person in the course of business in the retail sale of consumer goods or services to the detriment of a non-business consumer and which: (1) Takes advantage of the lack of knowledge, ability, experience, or capacity of a person to a g rossly unfair degree; or (2) Results in a gross

o the detriment of a non-business consumer and which: (1) Takes advantage of the lack of knowledge, ability, experience, or capacity of a person to a g rossly unfair degree; or (2) Results in a gross disparity between the value received and consideration paid, in a transaction involving the transfer of consideration. (r) Used in reference to tangible goods means tangi ble goods whose value is diminished because the goods a re used, second hand, rebuilt, or reconditioned. (s) Disaster means any typhoon, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, explo sion, or other catastrophic event that causes a state of eme rgency as declared by I Magaʹhågan or Magaʹlåhen Guåhan and may require emergency assistance to save lives, or to p rotect property, public health and safety, or to avert an emergency. SOURCE: Added by P.L. 21-018:1 (May 10, 1991). Subsection (s) added by P.L. 22-034:2 (Sept. 27, 1993) and amended by P. L 35-074:1 (Mar. 16, 2020). § 32104. Waivers: Public Policy. (a) Any waiver by a consumer of the provisions of this chapter, any warranty, or the provisions of any sta tute imposing a duty or

d by P. L 35-074:1 (Mar. 16, 2020). § 32104. Waivers: Public Policy. (a) Any waiver by a consumer of the provisions of this chapter, any warranty, or the provisions of any sta tute imposing a duty or obligation upon another, is contrary to pub lic policy and COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 6 is unenforceable and void; provided, however, that a waiver not related to a warranty or provision of law which imp oses a duty or obligation on another and which by statute cannot b e waived is valid and enforceable if the person claiming the be nefit of the waiver pleads and proves: (1) The consumer was not in a significantly dispara te bargaining position; and (2) The consumer was represented by legal counsel i n seeking or acquiring goods or services, other than the purchase or lease for a consideration paid or to be paid that exceeds One Million Dollars ($1,000,000); and (3) Prior to paying any consideration whatsoever, t he consumer waived all or part of this chapter by an e xpress provision in a written contract signed by both the consumer and the consumer’s attorney or the Attorney General ; provided, however, that a business

waived all or part of this chapter by an e xpress provision in a written contract signed by both the consumer and the consumer’s attorney or the Attorney General ; provided, however, that a business consumer with ne t assets of Five Million Dollars ($5,000,000) or more accord ing to the most recent financial statement of the business consumer prepared in accordance with generally accepted acco unting principles that has knowledge and experience in fin ancial and business matters that enable it to evaluate the mer its and risks of a transaction and that it is not in a significan tly disparate bargaining position may by written contract prior t o payment of any consideration waive the provisions of this c hapter without signature of an attorney or the Attorney Ge neral. (4) Any waiver of any express warranty, implied warranty, warranty imposed by statute, common law, or operation of law, or similar provision of law set b y statute for the protection of a consumer is subject to the prov isions of this chapter. (5) If any statute provides that a warranty or othe r provision of law may not be waived, then notwithsta nding the provisions of this section the warranty or prov ision of

ov isions of this chapter. (5) If any statute provides that a warranty or othe r provision of law may not be waived, then notwithsta nding the provisions of this section the warranty or prov ision of law may not be waived. (b) The existence or absence of a disparate barga ining position may not be established as a matter of law solely by evidence of the consumer’s financial position relat ive to other COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 7 parties to the contract or by matters contained in a written contract relating to the relative bargaining position of the parties. (c) An agreement to arbitrate constitutes an impo rtant waiver of the right of access to the courts. Therefore, as to any agreement to arbitrate executed after the effective date of t his chapter, the agreement to arbitrate any matter arising out of th e sale of goods or services for any amount of consideration, or any matter or contingency arising therefrom, shall be treated as a waiver of rights under this chapter, is not binding on any co nsumer unless there is full compliance both with this section and with this chapter, each party is represented by an attorney,

eated as a waiver of rights under this chapter, is not binding on any co nsumer unless there is full compliance both with this section and with this chapter, each party is represented by an attorney, and the agreement to arbitrate is signed by the attorneys r epresenting each of the parties. § 32105. Remedies Not Exclusive. (a) The provisions of this chapter are not exclusi ve. The remedies specified in this chapter for violation of any section of this chapter or for conduct proscribed by any secti on of this chapter shall be in addition to any other procedure s or remedies for any violation or wrongful conduct provided for in any other law. Nothing in this chapter shall limit any other statutory or any common law rights of the Attorney General, or any o ther person. If any act or practice proscribed by this chapter i s also the basis for a cause of action in common law or a violation of another statute, the person may assert the common law or st atutory cause of action under the procedures and with the remedie s applicable thereto. (b) Where any statute allows attorney’s fees, suc h fees shall be awarded for services of the Attorney General as in any case brought by private

procedures and with the remedie s applicable thereto. (b) Where any statute allows attorney’s fees, suc h fees shall be awarded for services of the Attorney General as in any case brought by private counsel. All such fees shall be paid into the Consumer Protection Fund. The Attorney General shal l, by regulation, set the hourly rate or rates for govern ment of Guam attorneys, such rate to be not less than One Hundre d Twenty-Five Dollars ($125) per hour. Until such regulations are promulgated, the rates shall be One Hundred Twenty-Five Dollars ($125) per hour. § 32106. No Jury Trial. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 8 There shall be no right of jury trial in any civil action brought pursuant to this chapter, except to the extent mand ated by the Organic Act of Guam and the Constitution of the Uni ted States. § 32107. Bad Faith Action. On a finding by the court that an action under thi s 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. § 32108. Construction and Application.

ht 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. § 32108. Construction and Application. (a) Liberal construction. This chapter shall be li berally construed in favor of the consumer and shall be app lied to promote its underlying purposes, which are to protect consu mers against false, misleading, and deceptive business practices , unconscionable actions, and breaches of warranty, a nd to provide efficient and economical procedures to secure such protection. Nothing herein shall be construed as authorizing an y person to conduct business in Guam without all necessary lice nses and permits. (b) Severability. If any of the provisions of thi s chapter or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provisio n or application of this chapter which can be given effect without t he invalid provision or application, and to this end the provi sions of this chapter are severable. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 9 (c) Construction.

id provision or application, and to this end the provi sions of this chapter are severable. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 9 (c) Construction. (1) In interpreting the definitions and other provi sions of this chapter, it is the intent of the Legislatur e that in construing this chapter, the courts, to the extent possible, will be guided by the interpretations given by the Unite d States Federal Trade Commission and federal courts to Sect ion 5(a)(1) of the Federal Trade Commission Act (15 U.S .C.A. 45(a)(1) and the Federal Trade Act. (2) In construing this chapter the court may consid er relevant and pertinent decisions of courts in other jurisdictions. 2014 NOTE: Subsection designations were amended in subsectio n (c) to adhere to the Compiler’s alpha-numeric scheme in ac cordance with the authority granted by 1 GCA § 1606. § 32109. Attorney’s Fees and Costs. The Attorney General and each consumer who prevail s in an action brought under this chapter shall be awarded court costs and reasonable and necessary attorney’s fees. § 32110. Notice: Offer of Settlement.

torney General and each consumer who prevail s in an action brought under this chapter shall be awarded court costs and reasonable and necessary attorney’s fees. § 32110. Notice: Offer of Settlement. (a) As a prerequisite to filing a suit seeking dam ages under this chapter against any person by a consumer not r epresented 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 reasonable detail, of the consumer’s spe cific complaint and the amount of actual damages and expenses, incl uding attorney’s fees, if any, reasonable incurred by the consumer in asserting the claim against the party. During the t hirty-(30-)day period a written request to inspect, in a reasonabl e manner and at a reasonable time and place, the goods that are the subject of the consumer’s action or claim may be presented to the consumer. If the goods weigh less than fifty (50) pounds and wer e purchased from a merchant, the consumer shall take the goods to the merchant’s place of business for such inspection. I f the consumer unreasonably refuses to permit the inspection, he c an receive only restitution or damages

the consumer shall take the goods to the merchant’s place of business for such inspection. I f the consumer unreasonably refuses to permit the inspection, he c an receive only restitution or damages up to the cost of the item, with no other damages, costs, or attorneys fees. After the action is filed, the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 10 court shall order inspection. If the claimant unrea sonably refuses, the court shall dismiss the claim. (b) If the thirty (30) days written notice is giv en within one hundred twenty (120) days of the running of the sta tute of limitations, giving the notice as required by this section shall have the effect of extending the statute of limitations until the one hundred twenty-first (121st) day after the giving o f the notice. (c) Any person who receives the written notice pr ovided by subsection (a) of this section may, within thirty ( 30) days after the receipt of the notice, tender to the consumer a wri tten offer of settlement, including an agreement to reimburse the consumer for the attorney’s fees, if any, reasonably incurred by the consumer in asserting his claim up to the date of the

umer a wri tten offer of settlement, including an agreement to reimburse the consumer for the attorney’s fees, if any, reasonably incurred by the consumer in asserting his claim up to the date of the written n otice. A person who does not receive such a written notice due to t he consumer’s suit or counterclaim being filed as provided in sub section (b) of this section may, within thirty (30) days after the filing of such suit or counterclaim, tender to the consumer a writ ten offer of settlement, including an agreement to reimburse the consumer for the attorney’s fees, if any, reasonably incurred by the consumer in asserting his claim up to the date the suit or coun terclaim was filed. Any offer of settlement not accepted within thirty (30) days of receipt by the consumer shall be deemed to have been rejected by the consumer. (d) A settlement offer made in compliance with su bsection (c) of this section, if rejected by the consumer, m ay be filed with the court together with an affidavit certifying its rejection. If the amount tendered in the settlement offer is the same as or more than, or if the court finds that amount to be subst antially the same as, the actual damages found

avit certifying its rejection. If the amount tendered in the settlement offer is the same as or more than, or if the court finds that amount to be subst antially the same as, the actual damages found by the trier of fact, the consumer may not recover an amount in excess of the amount tende red in the settlement offer or the amount of actual damages fo und by the trier of fact, whichever is less. (e) The tender of an offer of settlement is not a n admission of engaging in an unlawful act or practice or of li ability under this chapter. Evidence of a settlement offer may be intr oduced only to determine the reasonableness of the settlement offe r provided for by subsection (d) of this section. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 11 (f) If a suit is brought against a consumer over a transaction that is covered by the provisions of this chapter, the consumer may raise any defenses permitted by this chapter relati ng to the transaction, including allegations of violations of this chapter which may be raised as affirmative defenses, withou t need for a demand or settlement offer to the other party. § 32111.

ati ng to the transaction, including allegations of violations of this chapter which may be raised as affirmative defenses, withou t need for a demand or settlement offer to the other party. § 32111. Actions by Consumers or Attorney General. Any aggrieved consumer or the Attorney General may maintain an action for any of the following: (a) Any prohibited act or practice that is specific ally enumerated in this chapter, including but not limit ed to acts of omission, failure to honor any warranty or agree ment with the consumer, or committing any false, misleading o r deceptive acts or practices by a merchant to induce a consumer to purchase goods or services. (b) Any unconscionable action or course of action b y any person as to non-business consumers in non-land transactions. (c) If the Attorney General is representing a consu mer or consumers not in a class action suit, the court may not award damages other than restitution, costs and att orney’s fees unless specifically permitted by statute. If a consumer is not represented by the Attorney General, the cou rt may award the consumer damages, restitution, costs, att orney’s fees, and all other relief permitted at law or equi ty.

y statute. If a consumer is not represented by the Attorney General, the cou rt may award the consumer damages, restitution, costs, att orney’s fees, and all other relief permitted at law or equi ty. § 32112. Recovery by Consumer. In a suit filed pursuant to this chapter, a consum er, not represented by the Attorney General who prevails ma y 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 knowing ly and as a regular business practice of the party, the tr ier of fact may, in addition, award not more than three (3) tim es the amount of actual damages. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 12 (b) Temporary and permanent orders enjoining such a cts or failures to act; (c) Orders necessary to restore to any party to the suit any money or property, real or personal, which may have been acquired in violation of this chapter; (d) Full restitution; and (e) Any other relief available at law or equity whi ch the court deems proper, including but not limited to th e appointment of a receiver or the revocation of a li cense or

(d) Full restitution; and (e) Any other relief available at law or equity whi ch the court deems proper, including but not limited to th e appointment of a receiver or the revocation of a li cense or certificate authorizing a person to engage in busin ess in Guam if the judgment has not been satisfied within thirty (30) days after the judgment becomes final. § 32113. Additional Relief. The court may make such additional orders or judgm ents as are necessary to compensate identifiable persons fo r actual damages or to restore money or property, real or pe rsonal, which may have been acquired by means of any unlawful or prohibited act or practice. Orders of the court may also inclu de the appointment of a receiver or a sequestration of ass ets if a person who has been ordered by a court to make restitution under this section has failed to do so within three (3) months after the order to make restitution has become final and nonappeala ble. § 32114. Exemptions. (a) Nothing in this chapter shall apply to the owne r or employees of a regularly published newspaper, magaz ine, or telephone directory, or broadcast station, or billb oard, wherein in any advertisement in violation of this

er shall apply to the owne r or employees of a regularly published newspaper, magaz ine, or telephone directory, or broadcast station, or billb oard, wherein in any advertisement in violation of this chapter is p ublished or disseminated, unless it is established that the own er or employees of the advertising medium have knowledge of the fal se, deceptive, or misleading acts or practices declared to be unla wful by this chapter, or had a direct or substantial financial i nterest or commission in the sale or distribution of the unlaw fully advertised goods or service. Financial interest as used in thi s section relates to an expectation of financial reward which would b e the direct result of such advertisement. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 13 (b) Nothing in this chapter shall apply to acts o r practices authorized under specific rules or regulations prom ulgated by the Federal Trade Commission under Section 5(a)(1) of t he Federal Trade Commission Act (15 U.S.C.A. 45(a)(1)). The pr ovisions of this chapter do apply to any act or practice prohib ited or not specifically authorized by a rule or regulation of the Federal

Federal Trade Commission Act (15 U.S.C.A. 45(a)(1)). The pr ovisions of this chapter do apply to any act or practice prohib ited or not specifically authorized by a rule or regulation of the Federal Trade Commission. An act or practice is not specifically authorized if no rule or regulation has been issued on the act or pr actice. § 32115. Intervention by Attorney General. Whenever a private party brings an action for reli ef based upon this chapter, the Attorney General shall be se rved with a copy of the complaint and summons, and may interven e as a matter of right and may cross claim and counterclai m on behalf of other consumers. § 32116. Attorney General May Represent Consumers. The Attorney General may represent one (1) or more named consumers for equitable relief, rescission of contr act or sale, restitution, civil penalties and attorney’s fees; m ay bring a class action on behalf of Guam consumers for equitable re lief, rescission of contract or sale, damages, restitutio n, civil penalties and attorney’s fees; or may sue in the name of the government of Guam for equitable relief, rescission of contract o r sale, restitution, civil penalties and attorney’s fees, w ith

n, civil penalties and attorney’s fees; or may sue in the name of the government of Guam for equitable relief, rescission of contract o r sale, restitution, civil penalties and attorney’s fees, w ith information on the individual consumers and their losses and damag es available on discovery. Income of the consumer shall not be a factor in determining eligibility for such representation by the Attorney General. § 32117. Promotional Material. 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 go ods or services has a cause of action against a third party for the amo unt of damages or civil penalties assessed against the seller plus attorney’s fees on a showing that: (a) The seller received the advertisements or promotional material from the third party; COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 14 (b) The seller’s only action with regard to the advertisements or promotional materials was to diss eminate the material; and (c) The seller has ceased disseminating the materia l. § 32118. Indemnity.

b) The seller’s only action with regard to the advertisements or promotional materials was to diss eminate the material; and (c) The seller has ceased disseminating the materia l. § 32118. Indemnity. A person against whom an action has been brought u nder 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 see king indemnity or contribution may recover all of his re asonable costs and attorney’s fees expended if he prevails. § 32119. Injunctive Relief. The court may issue any person including the Attor ney General temporary restraining orders, and temporary or permanent injunctions to restrain and prevent viola tions of this chapter and such injunctive relief shall be issued without bond. The complaining party need not show that there is n o remedy available at law and need not show irreparable dama ge if injunctive relief is not granted, but need only sho w that a violation of this chapter has occurred or is likely to occur. If two (2) or more merchants are engaging in one (1) or more of the sa me practice or practices prohibited by this chapter, any

w that a violation of this chapter has occurred or is likely to occur. If two (2) or more merchants are engaging in one (1) or more of the sa me practice or practices prohibited by this chapter, any request f or injunctive may be combined on one (1) action naming multiple d efendants; provided, that there must be proof that a violation of this chapter has occurred or is likely to occur as to each defen dant against whom an injunction or restraining order ultimately issues. § 32120. Sale Not Enforceable. 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 revoked by the consumer if there was reasonable reliance on or material damage to the co nsumer from the false, misleading, deceptive or prohibited act or practice. § 32121. Limitation. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 15 All actions brought under this chapter must be com menced within three (3) years after the date on which the false, misleading, or

ERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 15 All actions brought under this chapter must be com menced within three (3) years after the date on which the false, misleading, or deceptive act or practice or prohibited act occu rred or within three years after the consumer discovered or in the exercise of reason able diligence should have discovered the oc currence of the false, misleading, or deceptive act or practice or prohibited act. The period of limitation provided in this section m ay be extended for a period of one hundred eighty (180) days if th e plaintiff proves that failure to timely commence the action w as caused by the defendant’s knowingly engaging in conduct solel y calculated to induce the plaintiff to refrain from or postpone the com- mencement of the action. § 32122. Voluntary Compliance. (a) In the administration of this chapter the Atto rney General may accept assurance of voluntary compliance with r espect to any act or practice which violates this chapter from an y person who is engaging in, has engaged in, or is about to engage in the act or practice.

t assurance of voluntary compliance with r espect to any act or practice which violates this chapter from an y person who is engaging in, has engaged in, or is about to engage in the act or practice. The assurance shall be in writing and sha ll be filed with and subject to the approval of the court in the for m of an order that the violator comply with the terms of the assurance of voluntary compliance. (b) The acceptance of an assurance of voluntary c ompliance may be conditioned on the stipulation that the pers on in violation of this chapter restore to any person in interest a ny money or property, real or personal, which may have been acq uired by means of acts or practices which violate this chapt er. (c) An assurance of voluntary compliance shall no t be considered an admission of prior violation of this chapter. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, su bsequent failure to comply with the terms of an assurance is prima f acie evidence of a violation of this chapter. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time.

to comply with the terms of an assurance is prima f acie evidence of a violation of this chapter. (d) Matters closed by the filing of an assurance of voluntary compliance may be reopened at any time. Assurances of voluntary compliance shall in no way affect individual rights of action under this chapter, except that the rights of individuals with regard to money or property received pursuant to a stipulatio n in the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 16 voluntary compliance under subsection (b) of this s ection are governed by the terms of the voluntary compliance. § 32123. Post-judgment Relief. (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 o btain satisfaction of the judgment, the following presump tions exist with respect to the party against whom the judgment was entered: (1) That the judgment debtor is insolvent or in dan ger of becoming insolvent; and (2) That the judgment debtor’s property is in dange r of being lost, removed, or otherwise exempted from col lection on the judgment; and (3) That the

solvent or in dan ger of becoming insolvent; and (2) That the judgment debtor’s property is in dange r of being lost, removed, or otherwise exempted from col lection on the judgment; and (3) That the prevailing party will be materially in jured unless a receiver is appointed over the judgment de btor’s business; and (4) That there is no adequate and reasonably availa ble remedy other than receivership available to the pre vailing party. (b) Subject to the provisions of subsection (a) o f this section, a prevailing party may move that the judgment debto r should show cause why a receiver should not be appointed. Upon adequate notice and hearing, the court shall appoin t a receiver over the judgment debtor’s business unless the judgment debtor proves that all of the presumptions set forth in subsectio n (a) of this section are not applicable. (c) The order appointing a receiver must clearly state whether the receiver will have general power to manage and operate the judgment debtor’s business or have power to manage only the judgment debtor’s finances. The order shall limit t he duration of the receivership to such time as all judgments issu ed against the judgment debtor are paid

usiness or have power to manage only the judgment debtor’s finances. The order shall limit t he duration of the receivership to such time as all judgments issu ed against the judgment debtor are paid in full. Where there are j udgments against a judgment debtor which have been awarded t o more than one (1) plaintiff, the court shall have discretion to take any action necessary to efficiently operate a receivership in order to collect the judgments. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 17 § 32124. Reports and Examinations. Whenever the Attorney General has reason to believ e 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 cha pter, or when the Attorney General reasonably believes it to be in th e public interest to conduct an investigation to ascertain whether an y person is engaging in, has engaged in, or is about to engage in any such act or practice, an authorized member of the Attorney G eneral’s Office may: (a) Require the person to file on the prescribed fo rms a statement or report in writing, under oath or other wise, as to all the facts and

an authorized member of the Attorney G eneral’s Office may: (a) Require the person to file on the prescribed fo rms a statement or report in writing, under oath or other wise, as to all the facts and circumstances concerning the alle ged violation and such other data and information as th e Attorney General deems necessary; (b) Examine under oath any person in connection wit h the alleged violation; (c) Examine any merchandise or sample of merchandis e deemed necessary and proper; and (d) Pursuant to an order of the appropriate court, impound any sample of merchandise that is produced in accordance with this chapter and retain it in the p ossession of the Attorney General until the completion of all pr oceedings in connection with which the merchandise is produce d. § 32125. Civil investigative demand. Whenever the Attorney General believes that any pe rson may be in possession, custody, or control of the origin al copy of any documentary material relevant to the subject matter of an investigation of a possible violation of this chapt er, an authorized agent of the Attorney General may execute in writin g and serve on the person a civil investigative demand requirin g the person

investigation of a possible violation of this chapt er, an authorized agent of the Attorney General may execute in writin g and serve on the person a civil investigative demand requirin g the person to produce the documentary material and permit inspect ion and copying. 2014 NOTE: Subsection designation deleted to adhere to the C ompiler’s general codification scheme in accordance to the au thority granted by 1 GCA § 1606. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 18 § 32126. Same: Contents. (a) Each demand for information by the Attorney Ge neral under this chapter prior to filing an action in the Superior Court, shall: (1) state the statute and section under which the a lleged violation is being investigated, and the general su bject matter of the investigation; (2) describe the class or classes of documentary ma terial to be produced with reasonable specificity so as to fairly indicate the material demanded; (3) prescribe a return date within which the documentary material is to be produced; and (4) identify the authorized agent or agents of the Attorney General’s Office to whom the documentary material is to be made available for

within which the documentary material is to be produced; and (4) identify the authorized agent or agents of the Attorney General’s Office to whom the documentary material is to be made available for inspection and copying. (b) A civil investigative demand may contain a re quirement for disclosure of documentary material which would be discoverable under the Rules of Civil Procedure. (c) Service of a civil investigative demand may b e made by: (1) Delivering a duly executed copy of the demand t o the person to be served or to a partner or to any o fficer or agent authorized by appointment or by law to receiv e service of process on behalf of that person; (2) Delivering a duly executed copy of the demand t o the principal place of business of the person to be served; (3) Mailing by registered mail or certified mail a duly executed copy of the demand addressed to the person to be served at the principal place of business or if the person has no place of business, to his principal office or pl ace of business. (d) Documentary material demanded pursuant to thi s section shall be produced for inspection and copying during normal business hours at the principal office or place of

office or pl ace of business. (d) Documentary material demanded pursuant to thi s section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 19 person served, or at other times and places as may be agreed on by the person served and the Attorney General. (e) No documentary material produced pursuant to a demand under this section, unless otherwise ordered by a c ourt for a good cause shown, or unless otherwise discover able if t he materials were in the hands of the person who produced the ma terials, shall be produced for inspection or copying by, nor shall its contents be disclosed to any person other than the authorized e mployee of the Attorney General’s Office without the consent of th e person who produced the material. The Attorney General shall p rescribe reasonable terms and conditions allowing the docume ntary material to be available for inspection and copying by the person who produced the material or any duly authorized re presentative of that person.

nable terms and conditions allowing the docume ntary material to be available for inspection and copying by the person who produced the material or any duly authorized re presentative of that person. The Attorney General may use the do cumentary material or copies of it as it deter mines necessar y in the enforcement of this chapter, including presentation before any court. Any material which contains trade secrets sh all not be presented except with the approval of the court in which the action is pending after adequate notice to the person furn ishing the material. All materials held by the Attorney Genera l pursuant to production are discoverable by a party in another c ourt case to the same extent that the materials would be discoverabl e if still in the possession of the person who produced the materials for the Attorney General. (f) At any time before the return date specified in the demand, or within twenty (20) days after the demand has bee n served, whichever period is shorter, a petition to extend t he return date for, or to modify or set aside the demand, stating good cause, may be filed in court.

y (20) days after the demand has bee n served, whichever period is shorter, a petition to extend t he return date for, or to modify or set aside the demand, stating good cause, may be filed in court. (g) A person on whom a demand is served under th is section shall comply with the terms of the demand unless ot herwise provided by a court order. (h) Service of a similar investigative demand und er this section may be made on any person outside Guam if t he person has engaged in conduct in violation of this chapter . Such persons shall be deemed to have submitted them selves to th e jurisdiction of Guam within the meaning of this section. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 20 § 32127. Other Remedies Available to Attorney Gener al. In addition to all other remedies available as pro vided in this chapter or at law or equity, the Attorney General s hall have the following remedies and standing to enforce the prov isions of this chapter: (a) In addition to other remedies available, the co urt may, upon application of the Attorney General, impo se a civil penalty of not more than Five Thousand Dollar s ($5,000) per violation of this

: (a) In addition to other remedies available, the co urt may, upon application of the Attorney General, impo se a civil penalty of not more than Five Thousand Dollar s ($5,000) per violation of this chapter. (b) Any person who violates the terms of an injunct ion issued upon application of the Attorney General pur suant to this chapter or in any case in which the government of Guam or the Attorney General is a party in an action pur suant to this chapter, in addition to all other remedies for cont empt, shall be ordered by the court to forfeit and pay to the g overnment of Guam a civil penalty of not more than Ten Thousa nd Dollars ($10,000) per violation. In determining whe ther an injunction has been violated the court shall take i nto consideration the maintenance of procedures reasona bly adapted to insure compliance with the injunction. F or the purposes of this section, the court issuing the inj unction shall retain jurisdiction, and the cause shall be continu ed, and in these cases, the Attorney General, acting in the na me of the territory of Guam, may petition for recovery of civ il penalties under this section.

isdiction, and the cause shall be continu ed, and in these cases, the Attorney General, acting in the na me of the territory of Guam, may petition for recovery of civ il penalties under this section. (c) An order of the court awarding civil penalties under this chapter applies only to violations of the inju nction incurred prior to the awarding of the penalty order . Second or subsequent violations of an injunction issued un der this section are subject to the same penalties set out i n this chapter. (d) The court, at the request of the Attorney Gener al, may, prior to or after judgment, freeze the account s at any financial institution of any person violating this chapter, if there is a likelihood that the violator will abscon d with the money in the accounts. Any aggrieved person may be heard COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 21 by the court on his objections thereto on two (2) d ays notice or less if permitted by the court. § 32128. Penalties. (a) Any person who, with intent to avoid, evade or prevent compliance, in whole or in part, with the provision s of this chapter, removes from any place, conceals, or withh olds any

32128. Penalties. (a) Any person who, with intent to avoid, evade or prevent compliance, in whole or in part, with the provision s of this chapter, removes from any place, conceals, or withh olds any documentary material or merchandise or sample of me rchandise in violation of a court order to produce the same i s guilty of a misdemeanor and on conviction is punishable by a fi ne of not more than Five Thousand Dollars ($5,000) or by conf inement in prison for not more than one (1) year, or by both. (b) Any person who, with intent to avoid, evade o r prevent compliance, in whole or in part, with the provision s of this chapter, destroys, mutilates, alters, or by any oth er means falsifies any documentary material or merchandise or sample o f merchandise is guilty of a felony of the third degr ee and on conviction is punishable by a fine of not more than Fifty Thousand Dollars ($50,000) or by confinement in prison for n ot more than five (5) years, or by both. (c) If a person fails to comply with a directive of the Attorney General under this chapter or with a civil investig ative demand for documentary material served on him under this chapt er, or if satisfactory copying or

s to comply with a directive of the Attorney General under this chapter or with a civil investig ative demand for documentary material served on him under this chapt er, or if satisfactory copying or reproduction of the materia l cannot be done and the person refuses to surrender the materi al, the Attorney General may file in a petition for an order of the court for enforcement of the appropriate sections of this cha pter. (d) When a petition is filed, the court shall hav e jurisdiction to hear and determine the matter presented and to e nter any order required to carry into effect the provision of this chapter. Failure to comply with any order entered by the court pursu ant to this chapter is punishable by con tempt as well as any o ther penalty specified. § 32129. Defenses Limited. Nothing in this chapter shall be construed as crea ting any defense to an action for death or personal injury n or shall anything in this chapter be construed as a defense to any cl aim by a COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 22 consumer nor shall it be construed mitigating or re ducing any claim for damages made by a consumer. § 32130.

OL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 22 consumer nor shall it be construed mitigating or re ducing any claim for damages made by a consumer. § 32130. Application of Penalties. The penalty provisions of Articles 2, 3, 4 and 5 o f this chapter apply only to acts or practices occurring after the effective date of this chapter. § 32131. Consumer Protection Fund. (a) There is hereby established a fund to be known as the Consumer Protection Fund (the 'Fund') which shall b e maintained separate and apart from other funds of t he government of Guam and independent records and accounts shall be maintained in connection therewith. All civil penal ties collected by the government of Guam or any person under this chapter shall be deposited in the Fund. (b) The Fund shall be used exclusively for the pu rpose of the administration of Chapters 31 and 32 of Title 5 of the Guam Code Annotated. The Fund shall be examined and reported upon by the Director of Administration as required by law. (c) All civil penalties and attorney’s fees impos ed pursuant to this chapter paid to the Attorney General shall be paid over to the Fund when collected.

irector of Administration as required by law. (c) All civil penalties and attorney’s fees impos ed pursuant to this chapter paid to the Attorney General shall be paid over to the Fund when collected. § 32132. Breach of an Express or Implied Warranty. Suit may be brought directly notwithstanding an agr eement to arbitrate entered into in accordance with the te rms of this Chapter, and arbitration may be bypassed by the con sumer for breach of express or implied warranty. ---------- ARTICLE 2 DECEPTIVE ACTS AND PROHIBITED PRACTICES § 32201. Deceptive Acts and Prohibited Practices. § 32202. Defective Tangible Goods Sold by a Merchan t Which Do Not Result in Death or Personal Injury. § 32203. Attorney’s Fees Mutual. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 23 § 32201. Deceptive Trade Practices Unlawful. (a) False, misleading, or deceptive acts or practic es, 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.

ed 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 violation consistin g of any act prohibited by this title is in itself actionable, a nd may be the basis for damages, rescission, or equitable relief. The p rovisions of this chapter are to be liberally construed in favor of t he consumer, balanced with substantial justice, and violation of such provisions may be raised as a claim, defense, crossclaim or co unterclaim. (b) The term false, misleading, or deceptive acts o r practices includes, but is not limited to, the following acts by any person or merchant, which acts are hereby prohibited and decl ared illegal and contrary to public policy if committed by any p erson or merchant: (1) Passing off goods or services as those of anoth er; or (2) Causing confusion or misunderstanding as to the source, sponsorship, approval or certification of g oods or services; or (3) Causing confusion or misunderstanding as to affiliation, connection, or association with, or ce rtification by, another; or (4) Using deceptive representations or

cation of g oods or services; or (3) Causing confusion or misunderstanding as to affiliation, connection, or association with, or ce rtification by, another; or (4) Using deceptive representations or designations of geographic origin in connection with goods or servi ces; or (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients , uses, benefits, or quantities which they do not have or t hat a person has a sponsorship, approval, status, affiliation, o r connection which he does not; or (6) Representing that goods are original or new if the goods are deteriorated or used: (A) Motor vehicles shall be considered new or used based on the definitions of new and used motor vehi cles as defined by the U.S. Federal Trade Commission; or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 24 (7) In selling or attempting to sell goods or servi ces by making statements; or representations in violation of §§ 40120 or 40121, Title 10, Guam Code Annotated, or f alse medical claims or false health claims; or (8) Representing by statements of fact that consume r goods or consumer services offered for sale have a grossly

21, Title 10, Guam Code Annotated, or f alse medical claims or false health claims; or (8) Representing by statements of fact that consume r goods or consumer services offered for sale have a grossly inflated value which the seller knows to be false a nd which is not based on the true retail value of the goods or services or comparables. Merely marking a grossly inflated p rice on an item or requesting a grossly inflated price is n ot by itself a violation of this subsection; or (9) Knowingly billing a consumer for goods or servi ces knowing that the consumer has already paid the amou nts billed; or (10) Charging or attempting to charge a consumer fo r goods or services not provided or not to be provide d; or (11) Charging or attempting to charge a consumer wh o has previously contracted to buy goods or services additional charges, including taxes, not previously agreed to in the contract as a condition of performance; or (12) Knowingly representing that an agreement confe rs or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law whe n the person making the representations knows such representations to be false; or (13)

involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law whe n the person making the representations knows such representations to be false; or (13) Knowingly misrepresenting the authority of a salesman, representative or agent to negotiate the final terms of a consumer transaction; or (14) Disconnecting, turning back, or resetting t he odometer of any motor vehicle so as to reduce the n umber of miles indicated on the odometer gauge; or (15) Selling or offering to sell, either directly o r associated with the sale of goods or services, a ri ght of participation in a multi-level distributorship. As used herein, multi-level distributorship means a sales plan for the distribution of goods or services in which promises of rebate COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 25 or payment are made to individuals, conditioned upo n those individuals recommending or securing additional ind ividuals to assume positions in the sales operation, and whe re the rebate or payment is not exclusively conditioned on or in relation to proceeds from the retail sales of goods , provided that nothing herein

to assume positions in the sales operation, and whe re the rebate or payment is not exclusively conditioned on or in relation to proceeds from the retail sales of goods , provided that nothing herein shall prohibit the sale of a sa les or presentation kit to prospective salespersons for Fi ve Hundred Dollars ($500) or less; provided, that the kit is s old at not more than the actual cost to the seller, that no co mmission is paid on the sale of the kit, and that a full refund (less any demonstration products used) is offered to the buye r for thirty (30) days after the delivery of the kit if the buye r returns the kit to the seller, whether or not the kit is used; and provided further that if the kit was purchased on Guam the k it can be returned to a location in Guam and the refund immed iately collected thereat and if purchased off-island can b e returned to the place of purchase for the refund; or (16) Representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; all replaced parts must be given to the consumer who ma y, if he chooses, return such replaced parts to the repairer for

in, goods when the work or services were not performed or the parts replaced; all replaced parts must be given to the consumer who ma y, if he chooses, return such replaced parts to the repairer for rebuilding; or (17) Using the term corporation, incorporated, limi ted, or an abbreviation of any of those terms in the nam e of a business entity that is not incorporated under the laws of Guam or other jurisdiction; or (18) Retaining deposits for goods and services w ithout actually delivering the goods or services as promis ed and after a written demand for immediate performance or refund has been made by the consumer; or (19) Accepting a deposit (including money taken for a reservation) by a developer or merchant from a purc haser of land, building (including homes) or condominium uni t without first fixing in a written contract a firm d ollar price for the land, building, or condominium, which writi ng shall be enforceable against the buyer and the seller. An y such deposit must be placed in escrow in a interest bear ing account COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 26 with a duly licensed title insurance company or ban k, with

placed in escrow in a interest bear ing account COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 26 with a duly licensed title insurance company or ban k, with the interest to the credit of the purchaser. If a d eposit is taken in violation of this subsection for the purchase of land, building, or condominium, the purchaser may at his option revoke the transaction with penalty as provided bel ow or at his request the court may order specific performanc e of the contract at a price the same as the court finds the seller paid to purchase or acquire the land plus one-half (1/2) of any increase in the fair market value of the land as of the time the deposit was accepted, plus the actual costs of cons tructing any building or condominium unit on the land, exclu sive of administrative costs, sales costs, and administrati ve overhead. In the alternative, in the event of a vio lation of this subsection, at the sole option of the consumer, the consumer may revoke the transaction and shall be entitled to a refund of three (3) times the amount of deposit and all ot her sums paid to the seller; or (20) Knowingly selling or offering to sell goods to any

ay revoke the transaction and shall be entitled to a refund of three (3) times the amount of deposit and all ot her sums paid to the seller; or (20) Knowingly selling or offering to sell goods to any person which the seller has no right to sell or goo ds for which the seller cannot deliver clear title to the person as agreed. Nothing herein shall prevent the sale of goods whic h are subject to liens and encumbrances if revealed in wr iting to the buyer at or before the time of sale. Nothing in this chapter shall excuse compliance with the Bulk Sales Act; or (21) Knowingly misrepresenting to a purchaser that goods are immediately available for delivery. Unles s a contract or receipt provides otherwise, goods must be delivered to the consumer within fourteen (14) days of the payment therefor; or (22) Knowingly selling or offering to sell goods or services which the seller thereof is not licensed t o sell or offer for sale; or (23) Knowingly selling or offering to sell services which the seller thereof is not capable of providing; or (24) Knowingly selling or offering to sell goods wh ich the seller thereof does not have and cannot reasona bly obtain for delivery to the consumer in a

seller thereof is not capable of providing; or (24) Knowingly selling or offering to sell goods wh ich the seller thereof does not have and cannot reasona bly obtain for delivery to the consumer in a reasonable time; or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 27 (25) Knowingly making false statements of fact as t o the results of purchasing or using goods or services; o r (26) Threatening economic retaliation or physical damage to any person or to any person’s property if goods or services are not purchased; or (27) Violating any rule or regulation of the U.S. F ederal Trade Commission; or (28) Violating any rule or regulation of the U.S. F ood and Drug Administration; or (29) Doing any other act which is prohibited by the laws of Guam to mislead a consumer to his detriment or t o induce another person to buy or sell goods or services to such person’s detriment. (c) The term false, misleading, or deceptive acts or practices includes, but is not limited to, the following acts committed by merchants. The following acts are hereby prohibited and declared illegal and contrary to public policy when done by any merchant: (1) Knowingly

but is not limited to, the following acts committed by merchants. The following acts are hereby prohibited and declared illegal and contrary to public policy when done by any merchant: (1) Knowingly representing that goods or services a re of a particular standard, quality, or grade, or that g oods are of a particular style or mode, if they are of another; o r (2) Disparaging the goods, services, or business of another by false or grossly misleading representati on of facts; or (3) Advertising goods or services with intent not t o sell them as advertised; or (4) ('Bait and switch' prohibited) Advertising good s or services with intent not to sell them as advertised , but rather to induce a consumer into purchasing similar but mo re expensive goods or services; or (5) Advertising goods or services with intent not t o supply a reasonably expectable public demand, unles s the advertisements disclose a limitation of quantity; o r (6) Making false or misleading statements of fact concerning the reasons for, existence of, or amount of price COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 28 reductions; provided, that nothing herein shall pro

erning the reasons for, existence of, or amount of price COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 28 reductions; provided, that nothing herein shall pro hibit a 'sale', clearance sale, seasonal or holiday sale, o r a sale based on reasons which are not misleading and which do no t falsely imply a distressed or forced sale; or (7) Inducing consumers into a business establishmen t by offering free gifts as an inducement to enter the e stablishment and then refusing to give such free gifts as promis ed; or (8) Falsely stating that one is selling or liquidat ing goods which are distressed, damaged or misrouted when the goods are not distressed, damaged, or misrouted; or (9) Failing or refusing to apply against the purcha se price of goods or services a deposit made by the co nsumer; or (10) Advertising any sale by fraudulently represent ing that a person is going out of business; or (11) Basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the

or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; or (12) Inducing a consumer to purchase repair service s or repair parts by knowingly making false or misleadin g statements of fact concerning the need for parts, r eplacement, or repair service; or (13) As to comprehensive and collision insurance insuring the vehicle of an insured on policies writ ten after the effective date of this chapter, an insurer may not pay a consumer less than the face amount of an insurance policy for a covered loss, and the insurer is estopped fro m denying that the face amount of the policy, whether an orig inal or renewal policy, showing the vehicle’s value upon wh ich the insurance premium was based, is the true value of t he vehicle, unless the insurer can show by a preponderance of t he evidence: (A) That the vehicle insured was damaged by an uninsured cause since the policy was written; or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH.

the insurer can show by a preponderance of t he evidence: (A) That the vehicle insured was damaged by an uninsured cause since the policy was written; or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 29 (B) That the vehicle has accumulated mileage in excess of sixteen thousand (16,000) miles per year or part thereof since the vehicle was first registered , and that the excess mileage situation did not exist whe n the policy was written; or (C) That the insured fraudulently and materially misrepresented material facts concerning the value of the property insured (the insured’s statement as to the estimated of the value of the vehicle is not a misrepresentation of fact concerning the value of t he vehicle); or (D) That because of multiple insurance policies, a co-insurance situation exists. An insurer may include in a policy of insurance a schedule showing the depreciated value of the vehic le at various times during the life of the policy, but in such case, the premium shall be based upon the average daily v alue of the vehicle over the life of the policy.

epreciated value of the vehic le at various times during the life of the policy, but in such case, the premium shall be based upon the average daily v alue of the vehicle over the life of the policy. In such ca se, for purposes of this subsection, the face amount of the policy indicating the vehicle’s value shall be considered to be the value of the vehicle as shown in the depreciation s chedule on the date of loss. (14) Including a co-insurance clause in any poli cy of casualty or liability insurance which would limit t he liability of the insurance carrier based upon a theory of sel f-insurance by the insured. Co-insurance shall apply only when there is overlapping insurance by two (2) or more policies. In any case of dual insurance coverage, the policy limits of insurance shall be the total limits of all policies , with payment of claims pro-rated among the various polic ies. The provisions of this subsection do not apply to insur ance for typhoons or earthquakes; provided, that in such cas es a seller of insurance shall provide in a separate writing to the insured who purchases a policy of typhoon or earthquake ins urance subject to a co-insurance clause an explanation of co-

such cas es a seller of insurance shall provide in a separate writing to the insured who purchases a policy of typhoon or earthquake ins urance subject to a co-insurance clause an explanation of co- insurance, with the insured to sign an acknowledgem ent of having read the explanation. Nothing in this subsec tion shall prohibit the use in casualty or liability insurance policies of COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 30 'deductible' clauses whereby specific sums are dedu cted from the losses before payment by the insurer. (15) Representing that a guarantee or warranty conf ers or involves rights or remedies which it does not ha ve or involve; provided, however, that nothing in this ch apter shall be construed to expand the implied warranty of merchantability as defined in §§ 2314 through 2318, Title 13, Guam Code Annotated, to include obligations in exce ss of those which are appropriate to the goods; or (16) Representing that parts have been replaced in goods with new parts in making repairs for a consumer whe n in fact used parts were used for replacement.

ose which are appropriate to the goods; or (16) Representing that parts have been replaced in goods with new parts in making repairs for a consumer whe n in fact used parts were used for replacement. When used par ts are used in repairs, the exact description of used part s to be used shall be revealed in a writing signed and approved by the consumer prior to commencing repairs or prior to in stalling or selling such parts. The description of the used parts revealed prior to use and also on the final billing may not be a printed part of any pre-printed contract, but sha ll be hand written, typed, or computer printed in at least 10 point type. A consumer need not pay for any goods or services u sed for any repair job in which used parts are used in viol ation of this subsection, and is entitled to a refund of any amou nts already paid therefor. This subsection does not apply to us ed parts for which the consumer is not charged, nor does it appl y to used parts having a total value of Five Dollars ($5) or less and which are essentially the same as new parts. A merc hant hired by a consumer to repair an appliance or vehic le must give the consumer in advance of repair a written es

Five Dollars ($5) or less and which are essentially the same as new parts. A merc hant hired by a consumer to repair an appliance or vehic le must give the consumer in advance of repair a written es timate of the cost of such repair, and must notify the consum er in writing when the repairs will cost more than the es timate; after receipt of which notice the consumer shall ha ve twenty- four (24) hours to decide whether to pay the additi onal charges, failing which agreement the repairer shall undertake no additional repairs and shall return the item to the consumer, charging only for the work performed, and in no case more than the estimate. (17) Failing to disclose information concerning goo ds or services which was known at the time of the transac tion if COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 31 such failure to disclose such information was inten ded to induce the consumer into a transaction into which t he consumer would not have entered had the information been disclosed. A merchant of vehicles shall reveal to a consumer in writing prior to sale all previous damage to a v ehicle and known to the merchant and all repair work

entered had the information been disclosed. A merchant of vehicles shall reveal to a consumer in writing prior to sale all previous damage to a v ehicle and known to the merchant and all repair work done on a vehicle by the merchant or at the merchant’s instruction pr ior to signing a contract of sale or selling a vehicle, an d revealing any used parts which were used in the repairs; or (18) Charging consumers different prices for the sa me goods or services on account of the race, ethnic or igin, color, creed, sex, sexual preference, handicap or age of t he consumers; provided however, that nothing in this s ubsection shall prevent a merchant from giving discounts to l ocal residents. (19) Violating subparagraphs (f) (marking of outdat ed food, etc), (g) (damaged consumer products), (h) (m arking of water-added products), (i) (sale of cans of rusty f ood), or (j) all of § 40120, Title 10, Guam Code Annotated; (20) Violating Regulation Z of the United States Fe deral Reserve Board in the financing of the sale of goods or services; or (21) Price gouging in time of disaster prohibited.

, Guam Code Annotated; (20) Violating Regulation Z of the United States Fe deral Reserve Board in the financing of the sale of goods or services; or (21) Price gouging in time of disaster prohibited. (A) It shall be an unfair trade practice for any merchant or landlord to increase the price of any g oods, services, or dwelling rentals on the basis of short age anticipated or caused by any disaster. A merchant m ay add to the normal sales price of goods normally imported by sea incremental freight costs caused as a result of air freight actually incurred, and may pa ss on to customers actual overtime labor costs for servic es in addition to regular charges. (B) After a disaster in which there is seriou s damage to five hundred (500) or more of the permanent residential units on the island caused by the disas ter, after a typhoon bringing sustained winds to Guam of 100 miles per hour or more, or after an earthquake that COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 32 affects Guam with a reading on Guam greater than 7. 0 on the Richter Scale, the Governor may, by executiv e order, freeze residential rents to levels in effect the day before

D CONSUMER PROTECTION 32 affects Guam with a reading on Guam greater than 7. 0 on the Richter Scale, the Governor may, by executiv e order, freeze residential rents to levels in effect the day before the disaster, for up to 120 days from the da te of the disaster, which freeze may not be thereafter extended. (C) If Condition of Readiness 1, 2 or 3, or a n equivalent condition is declared, or if I Maga'hågan or Maga'låhen Guåhan declares that a state of emergency exists requiring emergency assistance, or after a d isaster which damages two hundred (200) or more of the permanent residential units on the island, or after a typhoon brings sustained winds to Guam of one hundr ed (100) miles per hour or more, or after an earthquak e with a reading on Guam greater than 7.0 on the Richter S cale, I Magaʹhåga or Maga'låhi may, by Executive Order, freeze mark-ups and prices on designated goods and services which he or she finds to be in short suppl y or in danger of being in short supply as a result of the disaster to markups and prices in effect the day before the disaster, for up to thirty (30) days after the disa ster. Said freeze shall not be extended.

er of being in short supply as a result of the disaster to markups and prices in effect the day before the disaster, for up to thirty (30) days after the disa ster. Said freeze shall not be extended. A merchant may add to the normal sales prices of the goods the increased impo rt cost of the goods, for all goods normally imported by sea, and incremental freight costs caused as a resu lt of air freight actually incurred. (D) Merchants and landlords violating this subsection (21) shall be subject to the same damage s, penal ties and other liabilities provided in this c hapter and for damages equal to three (3) times the amount s of all gross profits on overcharged goods or five (5) times the amount of overcharges for services or rentals, in addition to all other damages and remedies allowed by law or equity, and may be temporarily and permanent ly restrained and enjoined from further violation with out the applicant therefor being required to post bond. (E) The price on all wholesale and retail goo ds shall be frozen whenever I Maga’lahen Guåhan declares COL10/29/20215 GCA GOVERNMENT OPERATIONS CH.

the applicant therefor being required to post bond. (E) The price on all wholesale and retail goo ds shall be frozen whenever I Maga’lahen Guåhan declares COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 33 Guam to be in Condition of Readiness 1 or 2, or the ir equivalent, and shall continue to be frozen until s eventy- two (72) hours after Guam returns to Condition of Readiness 4, or its equivalent. The normal sales p rices of goods shall include the increased import costs o f the goods for all goods normally imported by sea, and incremental freight costs caused as a result of air freight actually incurred. SOURCE: Added by P.L. 21-018:1 (May 10, 1991). Subsection (c)(21) added by P.L. 22-034:1 (Sept 27, 1993). Subsections (c)(21)(iii) and (v) amended by P.L. 29-019:VI:53 and 54 (Sept. 29, 2007 ). Subsection (c)(21)(C) amended by P.L. 35-074:2 (Mar. 16, 2020) . COURT DECISIONS: As to the second issue of a violation of 11 GCA § 26115 and 5 GCA § 32201(b)(29), it is clear in th is situation that the Defendant-Appellee misrepresented the inclusion of the GRT as part of the purchase price and, further, misrepresented it as a tax above the

GCA § 32201(b)(29), it is clear in th is situation that the Defendant-Appellee misrepresented the inclusion of the GRT as part of the purchase price and, further, misrepresented it as a tax above the purchase price which was imposed by the government. The ove rall message of the Attorney General Opinion is that if additional lang uage indicates that the GRT is not being passed on to the consumer as part of the purchase price it is a violation of Section 26115. This is what o ccurred in this situation. Guam v. Marfega Trading Co., Inc., dba Islander Ren t-a-car , Guam Supreme Court, 1998 Guam 4 [27]. NOTE: Effective July 17, 2007, reference to Gross Recei pts Tax (GRT), amended to Business Privilege Tax (BPT), pursuant t o P.L. 29-002:VI:28 (May 18, 2007). 2014 NOTE: Subsection designations were amended in (c)(21) t o adhere to the Compiler’s alpha-numeric scheme in accordanc e with the authority granted by 1 GCA § 1606. § 32202. Defective Tangible Goods Sold by a Merchan t Which Do Not Result in Death or Personal Injury. This section does not apply in any case where pers onal injury or death results from defective tangible goods or t he sale of defective tangible goods nor does it

Result in Death or Personal Injury. This section does not apply in any case where pers onal injury or death results from defective tangible goods or t he sale of defective tangible goods nor does it apply to goods not sold to an aggrieved consumer by a merchant. (a) New goods and vehicles less than five (5) years old are defective if, within thirty (30) days of delive ry, they break or fail to operate as intended through no fault of or misuse by the consumer. New goods and vehicles less than five (5) years old which are found to be defective within th irty (30) days of delivery must be corrected by the seller, a nd the seller COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 34 may not rely upon any manufacturer’s warranty to es cape responsibility for correction; provided, that the m erchant may repair the goods pursuant to warranty and colle ct reimbursement pursuant to the terms of the warranty . This subsection applies only to durable goods having a r easonable life expectancy of over thirty (30) days. Goods hav ing a shorter life expectancy are defective if they fail prematurely.

warranty . This subsection applies only to durable goods having a r easonable life expectancy of over thirty (30) days. Goods hav ing a shorter life expectancy are defective if they fail prematurely. This subsection does not apply to sales without war ranty as described in subsection (3) of this section, below. (b) After thirty (30) days, new goods and vehicles less than five (5) years old shall be repaired or replac ed according to the terms of warranty, if any, unless the seller has by advertisement, written or oral communication, indic ated some longer time for which the seller assumes respo nsibility. If a warranty is not honored, the consumer may elec t to treat the goods as defective goods and proceed under this section against both the warrantor and the seller from whom the goods were purchased even if more than thirty (30) days have elapsed. If used goods are sold to a consumer as ne w, the court shall require repair, refund, or replacement as if the item were new, and in addition, if the matter goes to suit, the court shall award the consumer punitive damages of Two Thousand Dollars ($2,000) or three (3) times the va lue of the goods, whichever is greater.

ew, and in addition, if the matter goes to suit, the court shall award the consumer punitive damages of Two Thousand Dollars ($2,000) or three (3) times the va lue of the goods, whichever is greater. (c) Nothing herein shall prohibit the sale of vehic les less than five (5) years and goods (other than new homes ) from being sold subject to a defect, nor the sale of goo ds 'as-is where-is' or without warranty if the defects or lac k of warranty or selling 'as-is where-is' are disclosed to the consumer. In such case, the provisions of this sect ion do not apply. As to goods having a sale price in excess of Two Thousand Dollars ($2,000), the disclosure that such goods or vehicles are used or sold without guarantee or warr anty must be in a separate writing signed by the consumer pri or to purchase. (d) The purchaser of new defective goods or vehicl es less than five (5) years old is entitled to have th e actionable defects in the goods adjusted at the expense of the seller for COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 35 thirty (30) days unless some greater time is set by law or agreement of the parties or warranty of the seller unless

/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 35 thirty (30) days unless some greater time is set by law or agreement of the parties or warranty of the seller unless the goods were sold 'as-is where-is' in compliance with this section and all provisions of law. The seller shall repair the item, replace the item with a like item which is no t defective upon return of the original item to the seller, or have the purchase price refunded upon return of the item to seller, less damages done to the item by the consumer and less t he fair value of the usage of the item if used for more tha n thirty (30) days, at the sole option of the seller as to whethe r to repair, replace, or refund. Unless it can be proven that t he seller knowingly sold defective goods to a consumer withou t knowledge of the defect, the consumer is not entitl ed to damages for the consumer’s inconvenience nor for lo st profits, but is entitled to other actual damages, p lus, if the matter is brought to suit, the other relief allowed by this chapter. Before filing suit for such defective good s, the consumer must give a thirty (30) day written notice of the defect, must make the

matter is brought to suit, the other relief allowed by this chapter. Before filing suit for such defective good s, the consumer must give a thirty (30) day written notice of the defect, must make the goods reasonably available to the seller for inspection, and, if the consumer took delivery of the goods from the seller at the seller’s place of busi ness, must return the goods to the seller at the time of deliv ery of the notice for the seller’s inspection. (e) A consumer who is fraudulently sold used goods which are affirmatively represented as new is entit led to a refund of the cost of the goods, and may keep the g oods as a penalty. In such case, all warranties shall continu e in full force and effect. In the alternative, as to applian ces and vehicles, the consumer may choose to keep the goods , pay for the goods as agreed, and the seller will be obl igated to make all necessary repairs and maintenance for the good’s regular and normal usage for a period of five (5) y ears. Any other settlement (in or out of court) between a con sumer and a seller who has sold used goods as new is voidable by the consumer unless first approved in writing by the co nsumer and either the

Any other settlement (in or out of court) between a con sumer and a seller who has sold used goods as new is voidable by the consumer unless first approved in writing by the co nsumer and either the Attorney General or any attorney rep resenting the consumer. (f) This section applies only to sales or transac tions by merchants. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 36 SOURCE: Added by P.L. 21-018:1 (May 10, 1991). 2014 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 32203. Attorneys’ Fees Mutual. Any provision for costs or attorneys’ fees in any a greement, contract, or lease shall, in the interest of fairne ss, be construed as being mutual and shall be construed to entitle all parties who are obligated by or who benefit from the provision to r eceive attorneys’ fees and costs. ---------- ARTICLE 3 REGULATION OF TELEMARKETING § 32301. Definitions. § 32302. Registration Procedures. § 32303. Notice to Consumer. § 32304. Contracts Required. § 32305. Charges not Collectible. § 32306. Filing Information. § 32307. Violation Remedies.

1. Definitions. § 32302. Registration Procedures. § 32303. Notice to Consumer. § 32304. Contracts Required. § 32305. Charges not Collectible. § 32306. Filing Information. § 32307. Violation Remedies. § 32308. Violation of a Deceptive Practice. § 32301. Definitions. (a) The term telemarketing means a plan, program, o r 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 me eting or discussion concerning the matter before or after th e transaction between the seller (or the seller’s agent) of the g oods, services, or investment opportunities and the intended purchaser (or the purchaser’s agent) before the consummation of the s ale. Telemarketing does not include any situation where telephonic contact was initiated or requested by the consumer, or where the transaction was later reduced to a written contract signed by the consumer. Telemarketing does not include any solici tation by a COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 37 seller if the seller and the consumer have transact ed business or negotiations

clude any solici tation by a COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 37 seller if the seller and the consumer have transact ed business or negotiations though any means other than telemarket ing during the preceding eighteen (18) months. (b) A telephonic seller or seller as used in this article means a person, association, partnership, firm, corporati on or other business entity that engages in telemarketing. § 32302. Registration Procedures. (a) Not less than ten (10) days prior to doing bus iness in the Territory of Guam a telephonic seller shall registe r by filing with the Attorney General’s Office the information requi red by § 32306 of this article and by paying a filing fee of Fifty Dollars ($50). A seller shall be deemed to do business in Guam if th e seller solicits prospective purchasers from locations in Guam or so licits prospective purchasers who are located in Guam. (b) The information required by § 32306 shall be submitted on a form provided by the Attorney General and shal l be verified by a declaration signed by each principal of the te lephonic seller under penalty of perjury.

required by § 32306 shall be submitted on a form provided by the Attorney General and shal l be verified by a declaration signed by each principal of the te lephonic seller under penalty of perjury. The declaration shall spe cify the date and location of signing. Information submitted purs uant to this article shall be clearly identified and appended to the filing. The information submitted pursuant to § 32306 shall bec ome part of the investigatory records and intelligence informat ion compiled by the Department for Law for enforcement purposes. (c) Registration of a telephonic seller shall be valid for one (1) year from the effective date thereof and may be annually renewed by making the filing required by § 32306 an d paying a filing fee of Fifty Dollars ($50). (d) Whenever, prior to expiration of a seller’s a nnual registration, there is a material change in the inf ormation required by this article, the seller shall, within ten (10) days, file an addendum updating the information with the Attorney General’s Office; provided however, that changes in salespers ons soliciting on behalf of a seller shall be updated by addendum filed, if necessary, in quarterly intervals computed

with the Attorney General’s Office; provided however, that changes in salespers ons soliciting on behalf of a seller shall be updated by addendum filed, if necessary, in quarterly intervals computed from the effective date of registration. The addendum shall provide the req uired information for all salespersons who are currently soliciting or have solicited on behalf of the seller at any time during the period COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 38 between the filing of the registration, or the last addendum, and the current addendum, and shall include salesperson s no longer soliciting for the seller as of the date of the fil ing of the current addendum. (e) Upon receipt of a filing and filing fee pursu ant to subsections (a) or (b) of this section, the Attorne y General’s Office shall send the telephonic seller a written confirma tion of receipt of the filing. If the seller has more than one (1) business location, the written confirmation shall be sent to the princ ipal business location identified in the seller’s filing. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 39 § 32303.

n confirmation shall be sent to the princ ipal business location identified in the seller’s filing. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 39 § 32303. Notice to Consumer. When tangible goods are delivered to a consumer wh ich have been ordered from a telephonic seller as a part of a telemarketing scheme, there shall also be delivered a written not ice on a page by itself in at least 14 point type informing the cons umer that the consumer may return the goods anytime within thirty (30) days after actual receipt by the consumer (unless a long er period is given by the seller), and may receive a full refund of all amounts paid, including all shipping and handling charges a nd all shipping charges paid by the consumer to return the goods. T he notice shall indicate the name, address, and preferred method of return; provided, that return by the U.S. Postal Service, r eturn in person by the consumer, or return by the same manner as sh ipped to the consumer shall always be appropriate, at the option of the consumer. The goods shall be considered returned as of the date delivered to the addressee if delivered directly to the seller, or the

o the consumer shall always be appropriate, at the option of the consumer. The goods shall be considered returned as of the date delivered to the addressee if delivered directly to the seller, or the date delivered by the consumer to the U.S. Postal S ervice or other appropriate common carrier. Upon actual receipt of such returned goods, the seller shall within five (5) working day s return the full purchase price, including all handling and all ship ping charges. Any seller who fails to make such refund when due s hall be jointly liable with the individual salesperson who actually made the sale for three times the total amount of the sale, inclu ding all shipping and handling charges. § 32304. Contracts Required. No sale or contract for sale of services, intangib le goods, stocks, bonds, or investment opportunities by a tel emarketing seller is final or enforce able until the consumer has signed a contract to purchase the same and delivered a signe d copy of the contract to the seller. In the case of stocks, bond s, intangible goods, or investment opportunities the signature of the consumer must be acknowledged by a notary public to be enfor ce able.

of the contract to the seller. In the case of stocks, bond s, intangible goods, or investment opportunities the signature of the consumer must be acknowledged by a notary public to be enfor ce able. If a consumer has actually received stocks, bonds, intan gible goods, or the investment opportunity prior to signing the required acknowledged contract, the consumer shall return wh atever he received if the consumer disavows the transaction. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 40 § 32305. Charges Not Collectible. No telemarketing seller nor its successor in inter est (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 by the person receiv ing the payment from the consumer. § 32306. Filing Information. 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 bu siness, if different from the name of the seller, and the name of any parent or

nformation: (a) The name or names of the seller, including the name under which the seller is doing or intends to do bu siness, if different from the name of the seller, and the name of any parent or affiliated organization (1) that will engage in business transactions with purchasers relating to sales solicited by the selle r or (2) that accepts responsibility for statements made by, or acts of, the seller relating to sales solici ted by the seller. (b) The seller’s business form and place of organiz ation and, if the seller is a corporation, a copy of its articles of incorporation, bylaws, and amendments thereto, or, if a partnership, a copy of the partnership agreement, o r if operating under a fictitious business name, the loc ation where the fictitious name has been registered. All the same information shall be included for any parent or aff iliated organization disclosed pursuant to subsection (a). (c) The complete street address or addresses of all locations, designating the principal location from which the telephonic seller will be conducting business. If t he principal business location of the seller is not in Guam, the n the seller shall also designate a statutory agent

ncipal location from which the telephonic seller will be conducting business. If t he principal business location of the seller is not in Guam, the n the seller shall also designate a statutory agent within Guam who is authorized to accept service of process. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 41 (d) A listing of all telephone numbers to be used b y the seller and the address where each telephone using e ach of these telephone numbers is located. (e) The names of, and the offices held by, the sell er’s officers, directors, trustees, general and limited partners, sole proprietor, and owners, as the case may be, and the names of those persons who have management responsibilities in connection with the seller’s business activities. (f) The complete address of the principal residence , the date of birth, and the driver’s license number and state of issuance of each of the persons whose names are dis closed pursuant to subsection (e). (g) A statement, meeting the requirements of this subsection, as to both the seller, whether a corpor ation, partnership, firm, association, joint venture, or a ny other type of business entity (and

(g) A statement, meeting the requirements of this subsection, as to both the seller, whether a corpor ation, partnership, firm, association, joint venture, or a ny other type of business entity (and whether or not identified p ursuant to subsection (e)), and as to any person identified pu rsuant to subsection (e) who: (1) Has been convicted of a felony or misdemeanor. For the purposes of this subsection, a plea of nolo contender is a conviction. (2) Has at any time during the past seven (7) years filed in bankruptcy or been adjudged a bankrupt. (3) For purposes of paragraphs (1) and (2) above, the statement shall identify the seller or person, the court rendering the conviction or judgment, and the docke t number and date of the conviction or judgment. (h) A list of the names and principal residence add resses of salespersons who solicit on behalf of the teleph onic seller and the names the salespersons use while so solicit ing. (i) A description of the items the seller is offeri ng for sale and a copy of all sales scripts the telephonic seller requires salespersons to use when soliciting prospe ctive purchasers, or if no sales script is required to be used, a statement to that

for sale and a copy of all sales scripts the telephonic seller requires salespersons to use when soliciting prospe ctive purchasers, or if no sales script is required to be used, a statement to that effect. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 42 (j) A copy of all sales information and literature (including, but not limited to, scripts, outlines, instructions, and information regarding how to conduct telephonic sales, sample introductions, sample closings, product info rmation, and contest or premium- award information) provided by the telephonic seller to salespersons or of which the s eller informs salespersons, and a copy of all written mat erials the seller sends to any prospective or actual purchaser . (k) If the telephonic seller represents or implies, or directs salespersons to represent or imply, to purc hasers that the purchaser will receive certain specific items ( including a certificate of any type which the purchaser must re deem to obtain the item described in the certificate) or on e (1) or more items from among designated items, whether the item s are denominated as gifts, premiums, bonuses, prizes, or otherwise,

t re deem to obtain the item described in the certificate) or on e (1) or more items from among designated items, whether the item s are denominated as gifts, premiums, bonuses, prizes, or otherwise, the filing shall include the following: (1) A list of the items offered. (2) The value or worth of each item described to prospective purchasers and the basis for the valuat ion. (3) The price paid by the telephonic seller to its supplier for each of these items and the name, addr ess, and telephone number of each item’s supplier. (4) If the purchaser is to receive fewer than all o f the items described by the seller, the filing shall include the odds a single prospective purchaser has of rece iving each item and the name and address of each recipien t who has, during the preceding twelve (12) months (o r if the seller has not been in business that long, duri ng the period the telephonic seller has been in business) received the item having the greatest value and the item with the smallest odds of being received. § 32307. Violation Remedies. In addition to all other remedies permitted by thi s chapter, the Attorney General on behalf of the government of Gua m, may bring an action

llest odds of being received. § 32307. Violation Remedies. In addition to all other remedies permitted by thi s chapter, the Attorney General on behalf of the government of Gua m, may bring an action against any person, firm, corporati on, partnership or association, or officer or owner of any corporat ion who fails to COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 43 comply with the registration requirements of this a rticle for a civil penalty of not more than Five Thousand Dollars ($5, 000) per violation, for a temporary restraining order, and f or a temporary and permanent injunction to enjoin the telemarketin g activities in Guam of the violator. Any penalty collected shall b e paid into the Consumer Protection Fund. § 32308. Violation a Deceptive Practice. Violation of any of the provisions of this article shall be deemed a deceptive trade practice pursuant to Artic les 1 and 2 of this chapter, and is subject to action by the Attor ney General. ---------- ARTICLE 4 PRIZES AND GIFTS § 32401. Prizes or Gift Offer; Disclosure of Intent to Make Sales Presentation; Good Faith Broadcasts or Publications; Applicability of Section. § 32402.

eneral. ---------- ARTICLE 4 PRIZES AND GIFTS § 32401. Prizes or Gift Offer; Disclosure of Intent to Make Sales Presentation; Good Faith Broadcasts or Publications; Applicability of Section. § 32402. Violations. § 32403. Unlawful Advertising; Conditional offer of Prizes and Gifts. § 32401. Prize or Gift Offer; Disclosure of Intent to Make Sales Presentation; Good Faith Broadcasts or Public ations; 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 an y other form, a prize or gift, with the intent to offer a sales p resentation, without disclosing at the time of the offer of the prize or gift, in a clear and unequivocal manner, the intent of offering such sal es presentation. (b) This section shall not apply to the publisher of any newspaper, periodical, or other publication, or any radio or television broadcaster, or the owner or operator of any cable, satellite, or other medium of communications who br oadcasts or publishes an advertisement or offer in good faith, without knowledge of its violation of subsection (a) of thi s section. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH.

ommunications who br oadcasts or publishes an advertisement or offer in good faith, without knowledge of its violation of subsection (a) of thi s section. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 44 § 32402. Violations. Any violation of this article shall be deemed a de ceptive trade practice pursuant to Articles 1 and 2 of this chapt er, and is subject to action by the Attorney General. § 32403. Unlawful Advertising; Conditional Offer of Prizes or Gifts. (a) It is unlawful for any person to use the term 'prize' or 'gift' or other similar term in any manner that wou ld be untrue or misleading, including, but not limited to, in the m anner made unlawful in subsections (b) or (c) of this section. (b) If a person is notified that such person has already won a prize in any contest, it is unlawful to require the purchase of goods or services or payment of any money whatsoever as a prerequisite to collect the prize, and the contest prize shall b e delivered to the awardee without a requirement to pay money or purch ase goods or services. (c) It is unlawful to notify any person by any me ans that such person will receive a gift (including a

b e delivered to the awardee without a requirement to pay money or purch ase goods or services. (c) It is unlawful to notify any person by any me ans that such person will receive a gift (including a prize or co nsisting of a prize) and that as a condition of receiving the gif t such person must pay any money, or purchase or lease (including rent) any goods or services, if any one (1) or more of the fo llowing conditions exist: (1) The shipping charge, depending on the method of shipping used, exceeds (A) The average cost of postage or the average charge of a delivery service in the business of del ivering goods of like size, weight, and kind for shippers o ther than the offerer of the gift for the geographic are a in which the gift is being distributed, or (B) The exact amount for shipping paid to an independent fulfillment house or an independent supplier, either of which is in the business of shi pping goods for shippers other than the offerer of the gi ft. (2) The handling charge (A) Is not reasonable, or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 45 (B) Exceeds the actual cost of handling, or (C) Exceeds the sum of Three Dollars

e (A) Is not reasonable, or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 45 (B) Exceeds the actual cost of handling, or (C) Exceeds the sum of Three Dollars ($3) in any transaction, or (D) In the case of a general merchandise retailer, exceeds the actual amount for handling paid to an independent fulfillment house or supplier, either o f which is in the business of handling goods for businesses other than the offerer of the gift. (3) Any goods or services which must be purchased o r leased by the offeree of the gift in order to obtai n the gift could have been purchased through the same marketin g channel in which the gift was offered for a lower p rice without the gift items at or proximate to the time the gift was offered. (4) The majority of the gift offerer’s sales or lea ses within the preceding year, through the marketing ch annel in which the gift is offered or through in-person sale s at retail outlets, of the type of goods or services which mus t be purchased or leased, in order to obtain the gift it em, were made in conjunction with the offer of a gift.

through in-person sale s at retail outlets, of the type of goods or services which mus t be purchased or leased, in order to obtain the gift it em, were made in conjunction with the offer of a gift. This subsection does not apply to a gift offer made by a general me rchandise retailer in conjunction with a sale at an on-island location, or to the sale or lease through mail order of goods or services (excluding catalog sales) if (A) the goods or services are of a type unlike any other type of goods or services sold or leased by t he general merchandise retailer at any time during the period beginning six (6) months before and continui ng until six (6) months after the gift offer, (B) the gift offer does not extend for a period of more than two (2) months, and (C) the gift offer is not untrue or misleading in a ny manner. (5) The gift offerer represents that the offeree ha s been specially selected in any manner unless (A) the representation is true and (B) the offeree made pur chase from COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 46 the gift offerer within the six-(6-)month period be fore the gift offer was made or has a credit card

e from COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 46 the gift offerer within the six-(6-)month period be fore the gift offer was made or has a credit card issued by, or a retail installment account with, the gift offerer or the o fferee previously entered the contest offered by the offer ee. (6) Nothing in this section nor in this chapter may be used as a defense by an offerer to prevent an offer er from awarding a gift or prize to a contest winner, even if the contest was in violation of this or any other statu te; and nothing herein shall prevent legitimate contests wh ich do not require the offeree to spend any money with the off erer or purchase any goods or services from the offerer. If an offerer offers a contest winner a prize, this section only invalidates any requirement that the winner purchase goods or s ervices or pay money to get the prize, and does not relieve the offerer of the obligation to award the offeree the prize as won or promised. If a contest sponsor fails to award a pri ze as promised, the Superior Court may, upon application of the Attorney General or the prize winner, order the spo nsor to make the award as

on or promised. If a contest sponsor fails to award a pri ze as promised, the Superior Court may, upon application of the Attorney General or the prize winner, order the spo nsor to make the award as promised or pay the full retail v alue of the prize, plus attorney’s fees, and such civil penalti es as are provided in this chapter or in any other statute. (7) This article does not prohibit legitimate conte sts not requiring the purchase of goods or services or the expenditure of money; nor offers of gifts tied to the sale of o ther goods or services, if no element of chance is involved, and if the requirement that other goods must be purchased is c learly stated in all advertising and communications; nor d oes it apply to games at Fiesta Guam, or its successor, or to games conducted in village fiestas authorized by the vill age mayor. (8) Nothing in this section authorizes operation of a lottery which requires a purchase or expenditure of money, nor a game of chance which requires a purchase or expenditure of money. (9) In addition to the remedies provided for in Art icles 1 and 2 of this chapter, the Attorney General may a lso represent a consumer in an action for specific perf

purchase or expenditure of money. (9) In addition to the remedies provided for in Art icles 1 and 2 of this chapter, the Attorney General may a lso represent a consumer in an action for specific perf ormance of the terms of the contest or offer of gift. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 47 (d) The following definitions apply to this secti on: (1) Marketing channel means a method of retail distribution, including, but not limited to, catalo g sales, mail order sales, telephone sales, and in-person sales a t retail outlets. (2) General merchandise retailer means any person or entity regardless of the form of organization that has continuously offered for sale or lease more than on e hundred (100) different types of goods or services to the p ublic in Guam throughout a period exceeding five (5) years. (3) Each violation of the provisions of this sectio n is a misdemeanor. ---------- ARTICLE 5 HOMEOWNERS ’ WARRANTIES § 32501. Legislative Findings; Protections to Home Purchasers. § 32502. Warranties Unwaivable. § 32503. Those Subject to Warranties. § 32504. Same: Exception. § 32505. Settlements Voidable. § 32506.

§ 32501. Legislative Findings; Protections to Home Purchasers. § 32502. Warranties Unwaivable. § 32503. Those Subject to Warranties. § 32504. Same: Exception. § 32505. Settlements Voidable. § 32506. Warranties Run With Land. § 32507. Warranties in Addition to Other Warranties . § 32501. Legislative Findings; Protections to Home 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 i s usually hidden. For purposes of this section, if an existin g building not a condominium is remodeled into residential condomini um units or otherwise converted into residential condominium un its, the resulting residential condominiums shall be conside red new homes. Consumers purchasing new homes or contractin g for the construction of new homes after the effective date of this chapter are entitled to the following protections: COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 48 (a) A new home has the following implied warranties : (1) That the home was built in a workmanlike manner of suitable new materials of at least averag

H. 32 TRADE PRACTICES AND CONSUMER PROTECTION 48 (a) A new home has the following implied warranties : (1) That the home was built in a workmanlike manner of suitable new materials of at least averag e quality, and that any exceptions thereto were communicated to the purchaser thereof in a separate writing signed by the purchaser before he occupied the home. Compliance with this subsection (1) shall not excuse compliance with any other warranty. (2) That the home was built according to plans and specifications filed with Department of Public Work s (the 'Department'), and that the home fully complie s with all laws, the Building Code and all rules and regulations relating thereto. The failure of a buil ding inspection to detect noncompliance with plans, laws , or rules and regulations, the Building Code, or specifications shall not be a defense to a claim un der this warranty. (3) If the home was purchased from a developer who supplied both the lot and the home to the purch aser and did not build on a lot supplied by the purchase r, there is a warranty that the home will not flood fo r a period of five (5) years, in the absence of any neg ligence by the homeowner.

purch aser and did not build on a lot supplied by the purchase r, there is a warranty that the home will not flood fo r a period of five (5) years, in the absence of any neg ligence by the homeowner. (4) In addition to the foregoing warranties, the home is warranted against all defects of constructi on, materials, and workmanship for eighteen (18) months . (b) The warranties of this section do not include damages caused by typhoon with sustained winds in e xcess of one hundred fifty-five (155) miles per hour nor damage by an earthquake exceeding an intensity on Guam of fou r and seven tenths (4.7) on the Richter Scale. Neither do the warranties cover extraordinary damages caused by ac ts of God, the negligence or intentional act of any other person, nor damages caused by failure to do normal maintena nce, nor for damage caused by unusual usage, abandonment, or neglect of the property. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 49 (c) All times for warranties start to run when the new home is sold to the first occupant or owner or when the new home is completed as evidenced by a certificate of occupancy issued by the Department, as the

imes for warranties start to run when the new home is sold to the first occupant or owner or when the new home is completed as evidenced by a certificate of occupancy issued by the Department, as the case may be; or if both events occur, the latest date thereof. (d) No bonding company which is bonding a contracto r constructing a new home shall be responsible for an y of the warranties set out in this section for breaches whi ch occur more than one (1) year after the date the certifica te of occupancy is issued for the home by the Department. § 32502. Warranties Unwaivable. The warranties contained in this Article 5 may not be waived. § 32503. Those Subject to Warranties. The warranties contained in this Article 5 may be exercised against the developer and the general contractor wh o built the home, who shall be strictly liable for any breaches of warranty, as well as against any subcontractor responsible for i nstalling the part of the home in which the breach of warranty occurre d who shall be strictly liable for such breach of warranty in t he part of the home he installed unless he can prove the defect wa s a design defect unknown to him or the result of defective ma terials

who shall be strictly liable for such breach of warranty in t he part of the home he installed unless he can prove the defect wa s a design defect unknown to him or the result of defective ma terials unknown to him, and that he did all work in a workm anlike manner; and, if the breach of warranty is the resul t of a design defect or negligence in architectural supervision, the architect shall be strictly liable for all breaches of warran ty resulting from faulty supervision or design; all of whom shall be jointly and severally liable for repair costs to correct such b reach of warranty, and all damages arising out of the breaches of warr anty for which they are responsible. The warranties contained in t his article can also be enforced against the manufacturer and suppl ier of defective materials used in the construction of the home and which defective materials were the cause of the breach of warranty. A person who meets the definition of a developer shal l be liable hereunder if he is the seller or shares in or is to share in any part of the profit or loss on the sale or construction o f the new home.

rson who meets the definition of a developer shal l be liable hereunder if he is the seller or shares in or is to share in any part of the profit or loss on the sale or construction o f the new home. If a new home is built for an owner who is not a de veloper, all other persons against whom a warranty can be exerci sed shall COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 50 continue to be responsible, but such warranties may not be exercised against the original owner by subsequent owners of the home. § 32504. Same: Exception. If a person who is a developer actually lives in a new house as his domicile for at least two (2) years before s elling the same, then the warranties of this Article 5 do not apply. § 32505. Settlements Voidable. Any settlement (in or out of court) between a consu mer and developer or other person who is liable for breach of a warranty established by this Article 5 is voidable by the co nsumer unless first approved in writing acknowledged by the consu mer and signed by either the Attorney General or an attorne y representing the consumer.

shed by this Article 5 is voidable by the co nsumer unless first approved in writing acknowledged by the consu mer and signed by either the Attorney General or an attorne y representing the consumer. Any such settlement must include the satisfactory correction of all known defects, or if a defect is not correctable, shall provide for full compensation for the consume r’s damages. The settlement shall apply only to known existing d efects and may not contain a waiver of rights as to other defects not then existing or known to the consumer, nor shall it excuse any person liable hereunder from once again being responsible for cor recting the same defect if the defect is not cured and remanifests i tself. § 32506. Warranties Run With Land. 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 t hemselves create any right of action against any seller who i s not a developer as defined in this article and who is not a person who was originally responsible for any warranty.

thereof do not in t hemselves create any right of action against any seller who i s not a developer as defined in this article and who is not a person who was originally responsible for any warranty. CROSS-REFERENCES: See 18 GCA § 81107 for the general law regarding warranties which run with the land. § 32507. Warranties in Addition to Other Warranties . 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 d efense in the enforcement of any other warranties. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 51 ---------- ARTICLE 6 CONSUMER PROTECTION AND RIGHT TO CHOOSE CABLE TELEVISION SERVICE ACT § 32601. Short Title. § 32602. Legislative Findings and Intent. § 32603. Access. § 32601. Short Title. 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). § 32602. Legislative Findings and Intent. (a) The Legislature finds and declares the following: (1) There is a substantial governmental and First Amendment interest in

P.L. 23-068:1 (Feb. 26, 1995). § 32602. Legislative Findings and Intent. (a) The Legislature finds and declares the following: (1) There is a substantial governmental and First Amendment interest in promoting a diversity of view s provided through consumer choice in available provi ders of cable television services (hereinafter 'cable opera tors'); (2) There is a substantial public, governmental, an d First Amendment interest in ensuring that Guam citi zenry living in residential buildings have access to avai lable cable operators; (3) Cable operators are important sources of local news, public affairs, educational, civic and political pr ogramming critical to an informed electorate; (4) The sale of monopoly rights to residential buil dings through commissions covertly deducted from resident s’ cable television subscription fees deprives the cit izenry of the right to choose the news, entertainment, and pu blic affairs programming they wish to receive, and detra cts from the governmental interest in promoting program dive rsity; (5) There is substantial likelihood that absent the imposition of consumer protection, Guam residents l iving in residential buildings will have their

mental interest in promoting program dive rsity; (5) There is substantial likelihood that absent the imposition of consumer protection, Guam residents l iving in residential buildings will have their First Amendme nt rights COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 52 deprived by building owners willing to participate in commission schemes; and, (6) As a result of the economic incentive that buil ding owners have to sell monopoly rights of access to th eir residents, coupled with the absence of consumer pro tection requirements for access, the economic viability of freedom of choice and competition amongst cable operators w ill be seriously jeopardized. (b) It is the purpose of this act to: (1) promote and encourage the availability to the p ublic of the widest possible diversity of views, informat ion and news sources and services through multiple cable op erators; (2) rely on competition in a free marketplace to ac hieve that availability; (3) ensure that cable operators on Guam continue to expand their capacity and the programs offered to t he public over their cable systems; (4) ensure that consumers living in residential bui

bility; (3) ensure that cable operators on Guam continue to expand their capacity and the programs offered to t he public over their cable systems; (4) ensure that consumers living in residential bui ldings are protected through assuring them access to all a vailable cable operators; (5) ensure that no cable operator attempts to gain undue market power vis-a-vis monopolistic or exclusionary rights to residential buildings; and (6) establish a means which protects Guam residents living in residential buildings against unfair deni als of service from the sale of, or agreements which creat e, monopolistic and exclusionary access rights to thei r residences. SOURCE: Added by P.L. 23-068:1 (Feb. 26, 1995). § 32603. Access. (a) No property owner, condominium association, man aging agent, lessee or other person in possession or cont rol of any residential building (hereinafter 'property manager ') shall forbid COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 53 or prevent any occupant, tenant or lessee (hereinaf ter 'tenant') of any such building from (1) receiving cable television service from a cable operator, nor (2) demand or accept payment from

TION 53 or prevent any occupant, tenant or lessee (hereinaf ter 'tenant') of any such building from (1) receiving cable television service from a cable operator, nor (2) demand or accept payment from any cable operato r or such tenant in any form as a condition of permit ting the installation of cable television facilities or the maintenance of cable television service in any such building or any portion thereof occupied or leased by such tenant, nor (3) discriminate in rental charges or otherwise aga inst any tenant receiving cable service; provided, howev er, that the property manager of such building may require, in exchange and as compensation for permitting the ins tallation of cable television facilities within and upon such building, the payment of just compensation by the cable opera tor which provides such cable television service, said sum to be determined in accordance with the provisions of subparagraphs (c) and (d) hereof, and provided furt her that the cable operator installing such cable television facilities shall agree to indemnify the owner of such building for any damage caused by the installation, operation or rem oval of such cable television facilities and

nstalling such cable television facilities shall agree to indemnify the owner of such building for any damage caused by the installation, operation or rem oval of such cable television facilities and service. No cable operator shall install cable television fa cilities within a residential building pursuant to this subp aragraph (a) unless the property manager of such residential bui lding, or a tenant of such residential building requests the de livery of cable television services. In any instance in which a req uest for service is made by more than three (3) tenants of a residen tial building, the cable operator may install cable television fac ilities throughout the building in a manner which enables the cable op erator to provide cable television services to tenants of oth er residential units without requiring the installation of additio nal cable television facilities other than within the residen tial units occupied by such other tenants. (b) No property manager of any improved or unimprov ed real estate shall forbid or prevent a cable operator fro m entering upon such real estate for the purpose of and in connecti on with the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH.

ed or unimprov ed real estate shall forbid or prevent a cable operator fro m entering upon such real estate for the purpose of and in connecti on with the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 54 construction or installation of such cable televisi on system and cable television facilities, nor shall any such pro perty manager of such real estate forbid or prevent such cable opera tor from constructing or installing upon, beneath or over (h ereinafter 'upon') such real estate, including any buildings o r other structures located thereon, hardware, cable, equipm ent, materials or other cable television facilities utilized by su ch cable operator in the construction and installation of such cable television system; provided, however, that the property manage r of any such real estate may require, in exchange and as compens ation for permitting the construction or installation of cabl e television facilities upon such real estate, the payment of ju st compensation by the cable operator which provides such cable tel evision service, said sum to be determined in accordance with the pr ovisions of subparagraphs (c) and (d) hereof, and

ayment of ju st compensation by the cable operator which provides such cable tel evision service, said sum to be determined in accordance with the pr ovisions of subparagraphs (c) and (d) hereof, and provided furt her that the cable operator constructing or installing such cabl e television facilities shall agree to indemnify the owner of su ch real estate for any damage caused by the installation, operation or removal of such cable television facilities and service. (c) In any instance in which the property manager o f a residential building or improved or unimproved real estate intends to require the payment of just compensation in exce ss of $1 in exchange for permitting the installation of cable t elevision facilities in and upon such building, or upon such real estate, the property manager shall serve written notice thereof upon the cable operator. Any such notice shall be served within 20 days of the date on which such property manager is notified of the cable operator’s intention to construct or install cable television facilities in and upon such building, or real estat e. Unless timely notice as herein provided is given by the property manager to the cable operator, it

tion to construct or install cable television facilities in and upon such building, or real estat e. Unless timely notice as herein provided is given by the property manager to the cable operator, it will be conclusively presumed th at the property manager of any such building or real estate does no t claim or intend to require a payment of more than $1 in exch ange and as just compensation for permitting the installation o f cable television facilities within and upon such building or real estate. In any instance in which a cable operator intends t o install cable television facilities as herein provided, written n otice of such intention shall be sent by the cable operator to th e property manager. Such notice shall include the address of the property, COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 55 the name of the cable operator, and information as to the time within which the property manager may give notice, demand payment as just compensation and initiate legal pro ceedings as provided in this subparagraph (c) and subparagraph (d). In any instance in which a cable operator intends to insta ll cable television facilities within a

pensation and initiate legal pro ceedings as provided in this subparagraph (c) and subparagraph (d). In any instance in which a cable operator intends to insta ll cable television facilities within a residential building containing twelve(12) or more residential units, the written n otice shall further provide that the property manager may requi re that the cable operator submit written plans identifying the manner in which cable television facilities are to be install ed, including the proposed location of coaxial cable. Approval of su ch plans by the property manager shall not be unreasonably withheld and such property manager’s consent to and approval of such plans shall be presumed unless, within 30 days after receipt there of, or in the case of a condominium association, 90 days after re ceipt thereof, the property manager identifies in writing the spec ific manner in which such plans deviate from generally accepted co nstruction or safety standards, and unless the property manager contemporaneously submits an alternative constructi on plan providing for the installation of cable television facilities in an economically feasible manner.

tandards, and unless the property manager contemporaneously submits an alternative constructi on plan providing for the installation of cable television facilities in an economically feasible manner. The cable operator ma y proceed with the plans originally submitted if an alternati ve plan is not submitted by the property manager within 30 days, o r in the case of a condominium association, 90 days, or if an alt ernative plan submitted by the property manager fails to comply w ith generally accepted construction and safety standards or does not provide for the installation of cable television facilities in an economically feasible manner. (d) Any property manager of a residential building described in subparagraph (a), and any property manager of im proved or unimproved real estate described in subparagraph (b ), who shall have given timely written notice to the cable opera tor as provided in subparagraph (c), may assert a claim for just co mpensation in excess of $1 for permitting the installation of cab le television facilities within and upon such building or real es tate. Within 30 days after notice has been given in accordance with subparagraph (c), the property manager

ng the installation of cab le television facilities within and upon such building or real es tate. Within 30 days after notice has been given in accordance with subparagraph (c), the property manager shall advise the cable op erator in writing of the amount claimed as just compensation. If with in 60 days after the receipt of the property manager’s claim, the cable COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 56 operator has not agreed to pay the amount claimed o r some other amount acceptable to the property manager, the prop erty manager may bring suit to enforce such claim for just compe nsation in any court of competent jurisdiction and, upon timely de mand, may require that the amount of just compensation be det ermined by a jury. Any such action shall be commenced within 6 months of the notice given by the cable operator pursuant to subp aragraph (c) hereof. In any action brought to determine such amo unt, the property manager may submit evidence of a decrease in the fair market value of the property occasioned by the inst allation or location of the cable on the property, that the pro perty manager has a specific alternative use

mit evidence of a decrease in the fair market value of the property occasioned by the inst allation or location of the cable on the property, that the pro perty manager has a specific alternative use for the space occupi ed by cable television facilities, the loss of which will resul t in a monetary loss to the property manager, or that installation of ca ble television facilities within and upon such building or real es tate otherwise substantially interferes with the use and occupancy of such building to an extent which causes a decrease in th e fair market value of such building or real estate. (e) Disposition of cable home wiring upon installat ion. In order to promote competition between cable operator s and to assure the smooth transition of services from one c able operator to another, if so desired by a cable subscriber (he reinafter 'subscriber'), and to allow private real property o wners to protect the aesthetic integrity and value of their property by preventing unsightly and excessive external cables from being attached to or located upon their property: (1) Upon the installation of cable home wiring to a ny residential single unit or multiple unit dwelling b y a

tly and excessive external cables from being attached to or located upon their property: (1) Upon the installation of cable home wiring to a ny residential single unit or multiple unit dwelling b y a cable operator, the installed wiring shall be deemed to b e a fixture of the dwelling, and ownership of the wiring shall be immediately vested in the owner of the dwelling or premises (hereinafter 'owner'). After installation of the w iring, a cable operator shall make no attempt to remove it o r to restrict its use. (2) Upon voluntary termination of existing cable se rvice by a subscriber, whether or not the subscriber is a n owner, a tenant, or a property manager, or upon initial subs cription of cable service by a subscriber with an alternate cab le operator, COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 57 a cable operator shall not remove the cable home wi ring unless the cable operator gives the owner the oppor tunity to acquire the wiring at the replacement cost, and the owner declines. The cost is to be determined based on th e replacement cost per foot of the cabling multiplied by the length in feet of the cable home wiring.

wiring at the replacement cost, and the owner declines. The cost is to be determined based on th e replacement cost per foot of the cabling multiplied by the length in feet of the cable home wiring. If the ow ner declines to acquire the cable home wiring, the cable operato r must then remove the cable home wiring within Thirty (30 ) days or make no subsequent attempt to remove it or to re strict its use. (3) 'Cable home wiring' is defined to be the intern al wiring contained within the premises of a subscribe r which begins at the 'demarcation' point. For single unit dwellings, the 'demarcation' point is the point at or about Tw elve (12) inches outside of the location where the cable wire enters the subscriber’s premises; for multiple unit dwellings, it is the interconnection point or junction box between the subscriber’s dwelling unit and the cable operator’s distribution system. It does not include active el ements such as amplifiers, converter or decoder boxes, or remot e control units. It does not include loop through or other s imilar series cable wiring in multiple unit dwellings.

t include active el ements such as amplifiers, converter or decoder boxes, or remot e control units. It does not include loop through or other s imilar series cable wiring in multiple unit dwellings. For multi ple dwelling units, it does include the adapters, jacks , or 'F' connectors attaching the cable wire to the intercon nection point. (4) Any cable operator disconnecting its cable wire from the interconnection point shall leave the adapters, jacks, or 'F' connectors attaching the cable wire to the interconnection point intact and shall not do anyth ing which would otherwise render the cable wire ineffective o r unable to be attached to an alternate cable operator’s int erconnection point. (5) The provisions of this Section set forth requir ements for the disposition, after a subscriber voluntarily terminates cable service, of that cable home wiring installed by the cable operator or its contractor within the premises of t he subscriber. The provisions do not apply where the cable home wiring belongs to the subscriber, such as wher e the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH.

s contractor within the premises of t he subscriber. The provisions do not apply where the cable home wiring belongs to the subscriber, such as wher e the COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 58 cable operator has transferred ownership to the sub scriber, the cable operator has been treating the wire as be longing to the subscriber for tax purposes, or the wiring is c onsidered to be a fixture by territorial law. (6) Nothing in this Section shall affect the cable operator’s rights or responsibilities under federal or territorial laws, rules, or regulations to prevent excessive si gnal leakage while providing cable service, or the cable operato r’s right to access the subscriber’s property or premises. SOURCE: Subpart M § 76.801-76.801 of the FCC’s Rules and Regulations, added by order in Docket No. 92-260, e ffective April 1, 1993, 58 FR 11970. For Report see 71 RR 2d 1214). (f) Neither the giving of a notice by the property manager under subparagraph (c), nor the assertion of a spec ific claim, nor the initiation of legal action to enforce such clai m, as provided under subparagraph (d), shall delay or impair the r ight of the

under subparagraph (c), nor the assertion of a spec ific claim, nor the initiation of legal action to enforce such clai m, as provided under subparagraph (d), shall delay or impair the r ight of the cable operator to construct or install cable television f acilities and maintain cable television services within or upon a ny building described in subparagraph (a) or real estate descri bed in subparagraph (b). (g) No landlord shall demand or accept payment of a ny fee, charge or other thing of value from any cable opera tor in exchange for giving the tenants of such landlord access to c able television service; and no landlord shall demand or accept any such payment from any tenants in exchange therefore unless the l andlord is itself the provider of the cable television service. Nor s hall any landlord discriminate in rental charges between tenants who receive any such service and those who do not. Nothing containe d herein shall prohibit a landlord from requiring that the cable o perator and the tenant bear the entire cost of the installation, op eration or removal of the facilities incident thereto, or prohibit a l andlord from demanding or accepting reasonable indemnity or secu

tor and the tenant bear the entire cost of the installation, op eration or removal of the facilities incident thereto, or prohibit a l andlord from demanding or accepting reasonable indemnity or secu rity for any damages caused by such installation, operation or r emoval, or the just compensation as provided in subparagraphs (a) and (b) hereof. (h) If any provision of this statute or any applica tion of any provision thereof to any person or circumstance is held invalid, the remainder of this statute and the application o f such provision COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 59 and any remaining provision of this statute to any other person or circumstance shall not be affected thereby. (i) For purposes of this statute, 'cable operator' has the same meaning as defined in the Cable Television Consumer Protection and Competition Act of 1992, 47 U.S.C. 522, et seq. , as amended. Should the 1992 Cable Act be repealed, the definiti on in the last version of the Cable Act prior to such repeal shall apply. Notwithstanding the foregoing, for purposes of this statute any entity which provides cable television as of the ti me of enactment

the last version of the Cable Act prior to such repeal shall apply. Notwithstanding the foregoing, for purposes of this statute any entity which provides cable television as of the ti me of enactment of this Act shall be considered a 'cable operator'. SOURCE: Added by P.L. 23-068:1 (Feb. 26, 1995). § 32604. Unauthorized Reception of Cable Service. (a) Unauthorized Interception or Receipt or Assista nce in Intercepting or Receiving Service; Definition of ‘A ssist in Intercepting or Receiving.’ (1) No person shall intercept or receive or assist in intercepting or receiving any communications servic e offered over a cable system, unless specifically au thorized to do so by a cable operator or as may otherwise be sp ecifically authorized by law. (2) For the purpose of this Section, the term ‘assi st in intercepting or receiving’ shall include the manufa cture or distribution of equipment intended by the manufactu rer or distributor (as the case may be) for unauthorized r eception of any communications service offered over a cable sys tem in violation of Subparagraph (1). (b) Civil Action in Superior Court; Injunctions; Da mages; Attorney’s Fees and Costs.

uthorized r eception of any communications service offered over a cable sys tem in violation of Subparagraph (1). (b) Civil Action in Superior Court; Injunctions; Da mages; Attorney’s Fees and Costs. (1) Any person aggrieved by any violation of Subsec tion (a)(1) may bring a civil action in the Superior Cou rt of Guam. (2) The court may: (A) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restr ain violations of Subsection (a)(1); COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 60 (B) award damages as described in paragraph (3); and (C) direct the recovery of full costs, including awarding reasonable attorney’s fees to an aggrieved party who prevails. (3)(A) Damages awarded by any court under this Section shall be computed in accordance with either of the following clauses: (i) the party aggrieved may recover the actual damages suffered by him as a result of the violatio n and any profits of the violator that are attributab le to the violation which are not taken into account i n computing the actual damages; in determining the violator’s profits, the party aggrieved shall be required to prove only

r that are attributab le to the violation which are not taken into account i n computing the actual damages; in determining the violator’s profits, the party aggrieved shall be required to prove only the violator’s gross revenue , and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; o r (ii) the party aggrieved may recover an award of statutory damages for all violations involved in the action, in the sum of the dollar value of the services stolen, but in no event should the award exceed Ten Thousand Dollars ($10,000.00). (B) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under Subparagraph (A), by an amount of not more than Fif ty Thousand Dollars ($50,000.00). (C) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this Section, t he court in its discretion may reduce the award of damages t o a sum of not less than

the violator was not aware and had no reason to believe that his acts constituted a violation of this Section, t he court in its discretion may reduce the award of damages t o a sum of not less than One Hundred Dollars ($100.00). SOURCE: Added by P.L. 27-131:4 (Dec. 30, 2004). COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 61 ---------- ARTICLE 7 SOCIAL SECURITY NUMBER CONFIDENTIALITY ACT SOURCE : This entire article was added by P.L. 28-095 (Fe b. 7, 2006) with the effective date of May 1, 2006. § 32701. Legislative Findings and Intent. § 32702. Short Title. § 32703. Definitions. § 32704. General Rule. § 32705. Exception. § 32706. Enforcement. § 32707. Effective Date. § 32701. Legislative Findings and Intent. 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 th eft and other forms of credit fraud. Therefore, it is the intent of I Liheslaturan Guåhan to protect the citizens of Guam from identity theft through th e inappropriate disclosure and misappropriation of their Social Sec urity Numbers by limiting its use and

ntent of I Liheslaturan Guåhan to protect the citizens of Guam from identity theft through th e inappropriate disclosure and misappropriation of their Social Sec urity Numbers by limiting its use and display to the general publ ic. § 32702. Short Title. This Act shall be known and may be cited as the 'So cial Security Number Confidentiality Act'. § 32703. Definitions. The following definitions shall be used in interpre ting this Act: (a) 'Phish' means the act of sending an electronic mail or message over the internet to a user in an attemp t to mislead the user into surrendering private informat ion for any purpose other than the purpose disclosed to the user by the sender of the e-mail or message. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 62 (b) 'Public entity' means the government of Guam an d any agency or instrumentality thereof. For purposes of this Act, public entity does not include the federal gov ernment. (c) 'Private entity' means any individual, corporat ion, company, partnership, firm, association, or any ent ity other than a public entity.

t, public entity does not include the federal gov ernment. (c) 'Private entity' means any individual, corporat ion, company, partnership, firm, association, or any ent ity other than a public entity. (d) 'Private information' means any privileged personal information protected by law requiring the consent of that individual prior to disclosure. (e) 'Publicly post' or 'publicly display' means to intentionally communicate, openly exhibit or otherw ise make available to the general public. § 32704. General Rule. No public or private entity shall: (a) Assign an identification number to an individua l which is identical to or incorporates an individual ’s Social Security Number (SSN). (b) Publicly post or publicly display, in any manne r, private information or an individual's SSN. (c) Print an individual's SSN on any card required for the individual to access products or services provi ded by the person or entity. (d) Print an individual’s SSN on identification cards o r badges. (e) Print an individual's SSN on materials that are mailed, unless Federal or Guam law requires the SSN to be on the document to be mailed.

int an individual’s SSN on identification cards o r badges. (e) Print an individual's SSN on materials that are mailed, unless Federal or Guam law requires the SSN to be on the document to be mailed. Notwithstanding this Act, applications and forms sent by mail may include SSN s. (f) Require an individual to transmit his private information or SSN over the internet in an unsecure d or unencrypted connection. (g) Deny to any individual any right, benefit or privilege provided by law because of an individual’ s refusal to disclose his SSN as provided in 5 U.S.C. §552(a) . Any COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 63 public or private entity which requests an individu al to disclose his SSN shall inform the individual upon h is request whether that disclosure is mandatory or voluntary, by what statutory or legal authority the SSN is solicited, and what uses will be made of it. (h) Phish across the internet in an attempt to hav e an individual disclose private information or their S SN. § 32705. Exception. (a) Nothing in this Act shall prevent any public en tity or private entity from using a SSN for internal verifi cation and

n individual disclose private information or their S SN. § 32705. Exception. (a) Nothing in this Act shall prevent any public en tity or private entity from using a SSN for internal verifi cation and administrative purposes, so long as the use does no t result in, or COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 64 require the release of, the SSN to persons not desi gnated by the entity to perform associated functions authorized b y law. (b) This Act shall not be asserted as a means to av oid compliance with an otherwise valid request for reco rds pursuant to the Freedom of Information Law and the Sunshine Reform Act of 1999, Title 5 GCA, Chapter 10, and the Open Gove rnment Law, Title 5 GCA, Chapter 8. § 32706. Enforcement. The Attorney General may: (a) bring suit against any public entity or private entity for violating the provisions of this Section; (b) collect civil penalties of up to Two Hundred Fi fty Dollars ($250) per violation together with attorney’s fees and costs incurred in the investigation and prosecution of th e matter; (c) seek appropriate injunctive relief; and (d) bring criminal charges pursuant to Title 9 GCA § 46.80

her with attorney’s fees and costs incurred in the investigation and prosecution of th e matter; (c) seek appropriate injunctive relief; and (d) bring criminal charges pursuant to Title 9 GCA § 46.80 regarding the theft or the misappropriation of an i ndividual’s SSN. § 32707. Effective Date . This Act shall become effective on May 1, 2006 and apply to acts occurring on or after May 1, 2006. ARTICLE 8 GIFT CARDS AND GIFT CERTIFICATES SOURCE: Article 8 added by P.L. 32-108:1 (Feb. 10, 2014). § 32801. Applicability of Federal Law. § 32802. Applicability of Federal Regulations. § 32803. Provisions Relating to Paper Gift Cards/ G ift Certificates/ Store Gift Cards. § 32804. Provision Relating to Electronic Gift Card s/ Gift Certificates/ Store Gift Cards. § 32805. Telephone Cards Exempted. § 32806. Severability. § 32807. Effective Date. § 32801. Applicability of Federal Law. COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 65 Title IV of the Credit Card Accountability Responsi bility and Disclosure Act of 2009, as enacted by Public Law 11 1-24, and as further amended, is applicable to gift certificates and gift cards sold by merchants doing

dit Card Accountability Responsi bility and Disclosure Act of 2009, as enacted by Public Law 11 1-24, and as further amended, is applicable to gift certificates and gift cards sold by merchants doing business on Guam. Such fed eral law is in addition to the provisions of law enacted by thi s Article. § 32802. Applicability of Federal Regulations. Section 205 of Title 12 of the Code of Federal Regu lations (12 CFR 205) is applicable to gift certificates and gift cards sold by merchants doing business on Guam. § 32803. Definitions. (a) Gift card/ gift certificate/ store gift card are de fined by 12 CFR 205. (b) Paper gift card/ gift certificate/ store gift card means any gift card/gift certificate/ store gift card,or simi lar instrument, that is issued in printed form only, and issued in excha nge for monetary consideration when the certificate, card, or similar instrument is redeemable for merchandise, food, or services regardless of whether any cash may be paid to the o wner of the certificate, card, or instrument as part of the red emption transaction. (c) Electronic gift card/ gift certificate/ store gift card are defined by 12 CFR 205. § 32803.

y be paid to the o wner of the certificate, card, or instrument as part of the red emption transaction. (c) Electronic gift card/ gift certificate/ store gift card are defined by 12 CFR 205. § 32803. Provisions Relating to Paper Gift Cards/ G ift Certificates/ Store Gift Cards. A paper gift card/ gift certificate/ store gift car d shall be valid for a period of not less than five (5) years follow ing the date of issue. Any paper gift card/ gift certificate/ stor e gift card without a date of issue or where the date of issue is not c learly marked shall not have an expiration date. § 32804. Provisions Relating to Electronic Gift Car ds/ Gift Certificates/ Store Gift Cards. An electronic gift card/ gift certificate/ store gi ft card shall not have an expiration date if the buyer of the ele ctronic gift card does not receive a printed sales receipt with both the issuance date and expiration date clearly marked on it or, the bu yer or holder of COL10/29/20215 GCA GOVERNMENT OPERATIONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 66 the electronic gift card does not have both the iss uance date and the expiration date available through an internet s ite or through a toll-free

ONS CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION 66 the electronic gift card does not have both the iss uance date and the expiration date available through an internet s ite or through a toll-free information telephone line. § 32805. Telephone Cards Exempted. This Article shall not apply to prepaid telephone o r mobile commercial radio service as provided for by the Cre dit Card Accountability Responsibility and Disclosure Act of 2009, as amended. § 32806. Severability. If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or app lication of this Act which can be given effect without the invalid p rovisions or application, and to this end the provisions of this Act are severable. § 32807. Effective Date. This Act shall be effective upon enactment. ---------- COL10/29/2021