Guam § 46 - Deceptive Business Practices; Defined and Punished.

§ 46. Deceptive Business Practices; Defined and Punished.

(a) A person commits a misdemeanor if in this course of business he:

(1) uses or possesses for a false weight or measure, or any other device for falsely determining or

recording any quality or quantity;

(2) sells, offers or exposes for sale, or delivers less than the represented quantity of any

commodity or service;

(3) takes or attempts to take more than the represented quantity of any commodity or service when

as buyer he furnishes the weight or measure;

(4) sells, offers or exposes for sale adulterated or mislabeled commodities. “Adulterated” means

varying from the standard of composition or quality prescribed by or pursuant to any statute providing

criminal penalties for such variance or lawfully promulgated administrative regulation, or, if none, as

set by established commercial usage. “Mislabeled” means varying from the standard of truth or

disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such

variance or lawfully promulgated administrative regulations or, if none, as set by established

commercial usage;

(5) makes a false or misleading statement in any advertisement addressed to the public or to a

substantial segment thereof with the intent of promoting the purchase or sale of property or services;

(6) makes a false or misleading written statement with the intent of obtaining property or credit;

or

(7) makes a false or misleading written statement with the intent of promoting the sale of

securities, or omits information required by law to be disclosed in written documents relating to

securities.

(b) It is an affirmative defense to prosecution under Subsection (a) if the defendant proves by a

preponderance of the evidence that his conduct was not knowingly or recklessly deceptive.