To prove that a trade practice is deceptive under the Deceptive Trade Practices Act, R.I. Gen. Laws § 6-13.1-1 et seq., a plaintiff must demonstrate three elements “[1] a representation, omission, or practice, that [2] is likely to mislead consumers acting reasonably under the circumstances, and [3], the representation, omission, or practice is material.” Long v. Dell, Inc., No. 2012-248-Appeal at 21 (adopting the FTC’s interpretation of § 5(a) of the Federal Trade Commission Act).
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Posted In: Trial Tagged In: Deceptive Trade Practices Act, Rhode Island Supreme Court
About The Author
Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
