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State2009 Statute Number 2009 Statute Language2010 Statute Number 2010 Statute Language

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Guam5 Guam Code Ann. § 32102. Short Title.This chapter may be cited as the “Deceptive Trade Practices -
Consumer Protection Act”.
5 Guam Code Ann. § 32102. Short Title.This chapter may be cited as the “Deceptive Trade Practices -
Consumer Protection Act”.

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5 Guam Code Ann. § 32103. Definitions.As used in this chapter:
(a) Business consumer means an individual, partnership or
corporation who seeks or acquires by purchase or lease, any goods
or services for commercial or business use. 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 or on a farm.
(c) Consumer services means services purchased primarily for
personal use or for use in the home or on a farm or to build, repair,
maintain or enhance consumer goods. (d) Consumer means an individual, partnership, association,
corporation, or the government of Guam who seeks or acquires by
purchase or lease, any goods or services, except that the term does
not include a business consumer that has assets of Twenty-Five
Million Dollars ($25,000,000) or more, or that is owned or
controlled by a corporation 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 condominium units for sale, as
provided in this subsection. Any person who, during the three (3)
years preceding the enactment of this chapter, built or ordered built,
had under construction, or offered for sale three (3) or more new
homes, new buildings, or new condominium units, or any combination
thereof involving three (3) or more new homes, new buildings,
or new condominium units, in which the person had an equity
interest, is a developer for purposes of this section. If any member
of a partnership meets the definition of a developer, all partners are
developers. If any officer or director or majority shareholder of a
corporation meets the definition 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 include
licensed real estate brokers and their salesmen not having an equity
position in the new home, buildings, or condominium units, and
who disclosed to the consumer all defects 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 document or recording, wherever situated.
(g) Goods means tangible chattels, real property, land,
buildings, homes or condominiums built, purchased or leased for
use, investment or resale. Goods also includes stocks, bonds, and
securities purchased for investment or resale, funeral plans,
annuities, retirement plans, and insurance policies purchased for the
protection of a person or 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 options to renew, in excess of twenty-five (25)
years.
(i) Knowingly means actual awareness of the falsity, deception,
or unfairness of the act or practice giving rise to the consumer’s
claim. Actual awareness may be inferred where objective manifestations
indicate that a person 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 as having knowledge or skill
peculiar to the practices, services or goods involved in the
transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who
by his occupation holds himself out as having such knowledge or
skills In addition, a person who purports to be a merchant or holds
himself out as a merchant is a merchant for purposes of this section.
(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, corporation,
association, or other group, however organized.
(m) Retail sale means the purchase of goods or services by an
end user.
(n) Sale and purchase include in reference to the sale or
purchase of goods and services the leasing or rental of property, but
do not include short term rentals of real property or leases of real
property of ten (10) years or less.
(o) Services means work, labor, or service purchased or leased
for use, including but not limited to services furnished in connection
with the sale or repair of goods.
(p) Trade and commerce mean the advertising, offering for
sale, sale, lease, or distribution of any good or service, of any
property, tangible or intangible, real, personal, or mixed, and any
other article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly 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 grossly unfair degree;
or
(2) Results in a gross disparity between the value received
and consideration paid, in a trans action involving the transfer
of consideration.
(r) Used in reference to tangible goods means tangible goods
whose value is diminished because the goods are 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, explosion, or other catastrophe which may
require emergency assistance to save lives, or to protect property,
public health and safety or to avert an emergency.
5 Guam Code Ann. § 32103. Definitions.As used in this chapter:
(a) Business consumer means an individual, partnership or
corporation who seeks or acquires by purchase or lease, any goods
or services for commercial or business use. 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 or on a farm.
(c) Consumer services means services purchased primarily for
personal use or for use in the home or on a farm or to build, repair,
maintain or enhance consumer goods. (d) Consumer means an individual, partnership, association,
corporation, or the government of Guam who seeks or acquires by
purchase or lease, any goods or services, except that the term does
not include a business consumer that has assets of Twenty-Five
Million Dollars ($25,000,000) or more, or that is owned or
controlled by a corporation 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 condominium units for sale, as
provided in this subsection. Any person who, during the three (3)
years preceding the enactment of this chapter, built or ordered built,
had under construction, or offered for sale three (3) or more new
homes, new buildings, or new condominium units, or any combination
thereof involving three (3) or more new homes, new buildings,
or new condominium units, in which the person had an equity
interest, is a developer for purposes of this section. If any member
of a partnership meets the definition of a developer, all partners are
developers. If any officer or director or majority shareholder of a
corporation meets the definition 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 include
licensed real estate brokers and their salesmen not having an equity
position in the new home, buildings, or condominium units, and
who disclosed to the consumer all defects 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 document or recording, wherever situated.
(g) Goods means tangible chattels, real property, land,
buildings, homes or condominiums built, purchased or leased for
use, investment or resale. Goods also includes stocks, bonds, and
securities purchased for investment or resale, funeral plans,
annuities, retirement plans, and insurance policies purchased for the
protection of a person or 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 options to renew, in excess of twenty-five (25)
years.
(i) Knowingly means actual awareness of the falsity, deception,
or unfairness of the act or practice giving rise to the consumer’s
claim. Actual awareness may be inferred where objective manifestations
indicate that a person 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 as having knowledge or skill
peculiar to the practices, services or goods involved in the
transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who
by his occupation holds himself out as having such knowledge or
skills In addition, a person who purports to be a merchant or holds
himself out as a merchant is a merchant for purposes of this section.
(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, corporation,
association, or other group, however organized.
(m) Retail sale means the purchase of goods or services by an
end user.
(n) Sale and purchase include in reference to the sale or
purchase of goods and services the leasing or rental of property, but
do not include short term rentals of real property or leases of real
property of ten (10) years or less.
(o) Services means work, labor, or service purchased or leased
for use, including but not limited to services furnished in connection
with the sale or repair of goods.
(p) Trade and commerce mean the advertising, offering for
sale, sale, lease, or distribution of any good or service, of any
property, tangible or intangible, real, personal, or mixed, and any
other article, commodity, or thing of value, wherever situated, and shall include any trade or commerce directly 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 grossly unfair degree;
or
(2) Results in a gross disparity between the value received
and consideration paid, in a trans action involving the transfer
of consideration.
(r) Used in reference to tangible goods means tangible goods
whose value is diminished because the goods are 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, explosion, or other catastrophe which may
require emergency assistance to save lives, or to protect property,
public health and safety or to avert an emergency.

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5 Guam Code Ann. § 32104. Waivers: Public Policy.
(a) Any waiver by a consumer of the provisions of this chapter, any
warranty, or the provisions of any statute imposing a duty or obligation
upon another, is contrary to public policy and is unenforceable and void;
provided, however, that a waiver not related to a warranty or provision of
law which imposes a duty or obligation on another and which by statute
cannot be waived is valid and enforceable if the person claiming the
benefit of the waiver pleads and proves:
(1) The consumer was not in a significantly disparate
bargaining position; and
(2) The consumer was represented by legal counsel in 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, the consumer
waived all or part of this chapter by an express 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 net assets of Five Million Dollars ($5,000,000) or
more according to the most recent financial statement of the
business consumer prepared in accordance with generally accepted
accounting principles that has knowledge and experience in
financial and business matters that enable it to evaluate the merits
and risks of a transaction and that it is not in a significantly
disparate bargaining position may by written contract prior to
payment of any consideration waive the provisions of this chapter
without signature of an attorney or the Attorney General.
(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 by statute for the protection of a consumer
is subject to the provisions of this chapter.
(5) If any statute provides that a warranty or other provision of
law may not be waived, then notwithstanding the provisions of this
section the warranty or provision of law may not be waived.
(b) The existence or absence of a disparate bargaining position may
not be established as a matter of law solely by evidence of the
consumer’s financial position relative to other 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 important waiver of the
right of access to the courts. Therefore, as to any agreement to arbitrate
executed after the effective date of this chapter, the agreement to
arbitrate any matter arising out of the 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 consumer 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 representing each of the
parties.
5 Guam Code Ann. § 32104. Waivers: Public Policy.
(a) Any waiver by a consumer of the provisions of this chapter, any
warranty, or the provisions of any statute imposing a duty or obligation
upon another, is contrary to public policy and is unenforceable and void;
provided, however, that a waiver not related to a warranty or provision of
law which imposes a duty or obligation on another and which by statute
cannot be waived is valid and enforceable if the person claiming the
benefit of the waiver pleads and proves:
(1) The consumer was not in a significantly disparate
bargaining position; and
(2) The consumer was represented by legal counsel in 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, the consumer
waived all or part of this chapter by an express 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 net assets of Five Million Dollars ($5,000,000) or
more according to the most recent financial statement of the
business consumer prepared in accordance with generally accepted
accounting principles that has knowledge and experience in
financial and business matters that enable it to evaluate the merits
and risks of a transaction and that it is not in a significantly
disparate bargaining position may by written contract prior to
payment of any consideration waive the provisions of this chapter
without signature of an attorney or the Attorney General.
(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 by statute for the protection of a consumer
is subject to the provisions of this chapter.
(5) If any statute provides that a warranty or other provision of
law may not be waived, then notwithstanding the provisions of this
section the warranty or provision of law may not be waived.
(b) The existence or absence of a disparate bargaining position may
not be established as a matter of law solely by evidence of the
consumer’s financial position relative to other 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 important waiver of the
right of access to the courts. Therefore, as to any agreement to arbitrate
executed after the effective date of this chapter, the agreement to
arbitrate any matter arising out of the 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 consumer 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 representing each of the
parties.

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5 Guam Code Ann. § 32201. Deceptive Trade Practices Unlawful.(a) False, misleading, or deceptive acts or practices, 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. A
violation consisting of any act prohibited by this title is in itself
actionable, and may be the basis for damages, rescission, or equitable
relief. The provisions of this chapter are to be liberally construed in favor
of the consumer, balanced with substantial justice, and violation of such
provisions may be raised as a claim, defense, crossclaim or counterclaim.
(b) The term false, misleading, or deceptive acts or practices
includes, but is not limited to, the following acts by any person or
merchant, which acts are hereby prohibited and declared illegal and
contrary to public policy if committed by any person or merchant:
(1) Passing off goods or services as those of another; or
(2) Causing confusion or misunderstanding as to the source,
sponsorship, approval or certification of goods or services; or
(3) Causing confusion or misunderstanding as to affiliation,
connection, or association with, or certification by, another; or
(4) Using deceptive representations or designations of geographic
origin in connection with goods or services; or
(5) Representing that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits, or quantities
which they do not have or that a person has a sponsorship, approval,
status, affiliation, or 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 vehicles as defined by
the U.S. Federal Trade Commission; or
(7) In selling or attempting to sell goods or services by making
statements; or representations in violation of §§ 40120 or 40121, Title 10, Guam Code Annotated, or false medical claims or false
health claims; or
(8) Representing by statements of fact that consumer goods or
consumer services offered for sale have a grossly inflated value
which the seller knows to be false and which is not based on the true
retail value of the goods or services or comparables. Merely
marking a grossly inflated price on an item or requesting a grossly
inflated price is not by itself a violation of this subsection; or
(9) Knowingly billing a consumer for goods or services
knowing that the consumer has already paid the amounts billed; or
(10) Charging or attempting to charge a consumer for goods or
services not provided or not to be provided; or
(11) Charging or attempting to charge a consumer who 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 confers or
involves rights, remedies, or obligations which it does not have or
involve, or which are prorepresentations 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 the odometer of
any motor vehicle so as to reduce the number of miles indicated on
the odometer gauge; or
(15) Selling or offering to sell, either directly or associated with
the sale of goods or services, a right 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 or payment are made to individuals, conditioned
upon those individuals recommending or securing additional
individuals to assume positions in the sales operation, and where 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 sales or presentation kit to prospective salespersons for Five Hundred Dollars ($500) or less; provided, that
the kit is sold at not more than the actual cost to the seller, that no
commission is paid on the sale of the kit, and that a full refund (less
any demonstration products used) is offered to the buyer for thirty
(30) days after the delivery of the kit if the buyer 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 kit can be returned to a location
in Guam and the refund immediately collected thereat and if
purchased off-island can be 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 may, if he chooses, return such replaced parts to
the repairer for rebuilding; or
(17) Using the term corporation, incorporated, limited, or an
abbreviation of any of those terms in the name of a business entity
that is not incorporated under the laws of Guam or other
jurisdiction; or
(18) Retaining deposits for goods and services without actually
delivering the goods or services as promised 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 purchaser of land, building
(including homes) or condominium unit without first fixing in a
written contract a firm dollar price for the land, building, or condominium,
which writing shall be enforceable against the buyer and
the seller. Any such deposit must be placed in escrow in a interest
bearing account with a duly licensed title insurance company or
bank, with the interest to the credit of the purchaser. If a deposit 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 below or at his request the
court may order specific performance 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 constructing any building or condominium unit on the land,
exclusive of administrative costs, sales costs, and administrative
overhead. In the alternative, in the event of a violation 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 other 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 goods for which the seller
cannot deliver clear title to the person as agreed. Nothing herein
shall prevent the sale of goods which are subject to liens and
encumbrances if revealed in writing 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. Unless 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 to 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 which the
seller thereof does not have and cannot reasonably obtain for
delivery to the consumer in a reasonable time; or
(25) Knowingly making false statements of fact as to the
results of purchasing or using goods or services; or
(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. Federal Trade
Commission; or
(28) Violating any rule or regulation of the U.S. Food 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 to 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 representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a
particular style or mode, if they are of another; or
(2) Disparaging the goods, services, or business of another by
false or grossly misleading representation of facts; or
(3) Advertising goods or services with intent not to sell them as
advertised; or
(4) ("Bait and switch" prohibited) Advertising goods or
services with intent not to sell them as advertised, but rather to
induce a consumer into purchasing similar but more expensive
goods or services; or
(5) Advertising goods or services with intent not to supply a
reasonably expectable public demand, unless the advertisements
disclose a limitation of quantity; or
(6) Making false or misleading statements of fact concerning
the reasons for, existence of, or amount of price reductions;
provided, that nothing herein shall prohibit a "sale", clearance sale,
seasonal or holiday sale, or a sale based on reasons which are not
misleading and which do not falsely imply a distressed or forced
sale; or
(7) Inducing consumers into a business establishment by
offering free gifts as an inducement to enter the establishment and
then refusing to give such free gifts as promised; or
(8) Falsely stating that one is selling or liquidating 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 purchase price of
goods or services a deposit made by the consumer; or (10) Advertising any sale by fraudulently representing 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 warranty
or guaranty, if any; or
(12) Inducing a consumer to purchase repair services or repair
parts by knowingly making false or misleading statements of fact
concerning the need for parts, replacement, or repair service; or
(13) As to comprehensive and collision insurance insuring the
vehicle of an insured on policies written 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 iestopped from denying that the face amount of the policy, whether
an original or renewal policy, showing the vehicle’s value upon
which the insurance premium was based, is the true value of the
vehicle, unless the insurer can show by a preponderance of the
evidence:
(A) That the vehicle insured was damaged by an
uninsured cause since the policy was written; or
(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 when 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 the vehicle); or
(D) That because of multiple insurance policies, a coinsurance
situation exists.
An insurer may include in a policy of insurance a schedule
showing the depreciated value of the vehicle at various times during
the life of the policy, but in such case, the premium shall be based
upon the average daily value of the vehicle over the life of the
estopped from denying that the face amount of the policy, whether
an original or renewal policy, showing the vehicle’s value upon
which the insurance premium was based, is the true value of the
vehicle, unless the insurer can show by a preponderance of the
evidence:
(A) That the vehicle insured was damaged by an
uninsured cause since the policy was written; or
(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 when 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 the vehicle); or
(D) That because of multiple insurance policies, a coinsurance
situation exists.
An insurer may include in a policy of insurance a schedule
showing the depreciated value of the vehicle at various times during
the life of the policy, but in such case, the premium shall be based
upon the average daily value of the vehicle over the life of the
5 Guam Code Ann. § 32201. Deceptive Trade Practices Unlawful.(a) False, misleading, or deceptive acts or practices, 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. A
violation consisting of any act prohibited by this title is in itself
actionable, and may be the basis for damages, rescission, or equitable
relief. The provisions of this chapter are to be liberally construed in favor
of the consumer, balanced with substantial justice, and violation of such
provisions may be raised as a claim, defense, crossclaim or counterclaim.
(b) The term false, misleading, or deceptive acts or practices
includes, but is not limited to, the following acts by any person or
merchant, which acts are hereby prohibited and declared illegal and
contrary to public policy if committed by any person or merchant:
(1) Passing off goods or services as those of another; or
(2) Causing confusion or misunderstanding as to the source,
sponsorship, approval or certification of goods or services; or
(3) Causing confusion or misunderstanding as to affiliation,
connection, or association with, or certification by, another; or
(4) Using deceptive representations or designations of geographic
origin in connection with goods or services; or
(5) Representing that goods or services have sponsorship,
approval, characteristics, ingredients, uses, benefits, or quantities
which they do not have or that a person has a sponsorship, approval,
status, affiliation, or 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 vehicles as defined by
the U.S. Federal Trade Commission; or
(7) In selling or attempting to sell goods or services by making
statements; or representations in violation of §§ 40120 or 40121, Title 10, Guam Code Annotated, or false medical claims or false
health claims; or
(8) Representing by statements of fact that consumer goods or
consumer services offered for sale have a grossly inflated value
which the seller knows to be false and which is not based on the true
retail value of the goods or services or comparables. Merely
marking a grossly inflated price on an item or requesting a grossly
inflated price is not by itself a violation of this subsection; or
(9) Knowingly billing a consumer for goods or services
knowing that the consumer has already paid the amounts billed; or
(10) Charging or attempting to charge a consumer for goods or
services not provided or not to be provided; or
(11) Charging or attempting to charge a consumer who 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 confers or
involves rights, remedies, or obligations which it does not have or
involve, or which are prorepresentations 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 the odometer of
any motor vehicle so as to reduce the number of miles indicated on
the odometer gauge; or
(15) Selling or offering to sell, either directly or associated with
the sale of goods or services, a right 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 or payment are made to individuals, conditioned
upon those individuals recommending or securing additional
individuals to assume positions in the sales operation, and where 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 sales or presentation kit to prospective salespersons for Five Hundred Dollars ($500) or less; provided, that
the kit is sold at not more than the actual cost to the seller, that no
commission is paid on the sale of the kit, and that a full refund (less
any demonstration products used) is offered to the buyer for thirty
(30) days after the delivery of the kit if the buyer 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 kit can be returned to a location
in Guam and the refund immediately collected thereat and if
purchased off-island can be 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 may, if he chooses, return such replaced parts to
the repairer for rebuilding; or
(17) Using the term corporation, incorporated, limited, or an
abbreviation of any of those terms in the name of a business entity
that is not incorporated under the laws of Guam or other
jurisdiction; or
(18) Retaining deposits for goods and services without actually
delivering the goods or services as promised 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 purchaser of land, building
(including homes) or condominium unit without first fixing in a
written contract a firm dollar price for the land, building, or condominium,
which writing shall be enforceable against the buyer and
the seller. Any such deposit must be placed in escrow in a interest
bearing account with a duly licensed title insurance company or
bank, with the interest to the credit of the purchaser. If a deposit 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 below or at his request the
court may order specific performance 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 constructing any building or condominium unit on the land,
exclusive of administrative costs, sales costs, and administrative
overhead. In the alternative, in the event of a violation 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 other 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 goods for which the seller
cannot deliver clear title to the person as agreed. Nothing herein
shall prevent the sale of goods which are subject to liens and
encumbrances if revealed in writing 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. Unless 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 to 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 which the
seller thereof does not have and cannot reasonably obtain for
delivery to the consumer in a reasonable time; or
(25) Knowingly making false statements of fact as to the
results of purchasing or using goods or services; or
(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. Federal Trade
Commission; or
(28) Violating any rule or regulation of the U.S. Food 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 to 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 representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a
particular style or mode, if they are of another; or
(2) Disparaging the goods, services, or business of another by
false or grossly misleading representation of facts; or
(3) Advertising goods or services with intent not to sell them as
advertised; or
(4) ("Bait and switch" prohibited) Advertising goods or
services with intent not to sell them as advertised, but rather to
induce a consumer into purchasing similar but more expensive
goods or services; or
(5) Advertising goods or services with intent not to supply a
reasonably expectable public demand, unless the advertisements
disclose a limitation of quantity; or
(6) Making false or misleading statements of fact concerning
the reasons for, existence of, or amount of price reductions;
provided, that nothing herein shall prohibit a "sale", clearance sale,
seasonal or holiday sale, or a sale based on reasons which are not
misleading and which do not falsely imply a distressed or forced
sale; or
(7) Inducing consumers into a business establishment by
offering free gifts as an inducement to enter the establishment and
then refusing to give such free gifts as promised; or
(8) Falsely stating that one is selling or liquidating 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 purchase price of
goods or services a deposit made by the consumer; or (10) Advertising any sale by fraudulently representing 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 warranty
or guaranty, if any; or
(12) Inducing a consumer to purchase repair services or repair
parts by knowingly making false or misleading statements of fact
concerning the need for parts, replacement, or repair service; or
(13) As to comprehensive and collision insurance insuring the
vehicle of an insured on policies written 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 iestopped from denying that the face amount of the policy, whether
an original or renewal policy, showing the vehicle’s value upon
which the insurance premium was based, is the true value of the
vehicle, unless the insurer can show by a preponderance of the
evidence:
(A) That the vehicle insured was damaged by an
uninsured cause since the policy was written; or
(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 when 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 the vehicle); or
(D) That because of multiple insurance policies, a coinsurance
situation exists.
An insurer may include in a policy of insurance a schedule
showing the depreciated value of the vehicle at various times during
the life of the policy, but in such case, the premium shall be based
upon the average daily value of the vehicle over the life of the
estopped from denying that the face amount of the policy, whether
an original or renewal policy, showing the vehicle’s value upon
which the insurance premium was based, is the true value of the
vehicle, unless the insurer can show by a preponderance of the
evidence:
(A) That the vehicle insured was damaged by an
uninsured cause since the policy was written; or
(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 when 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 the vehicle); or
(D) That because of multiple insurance policies, a coinsurance
situation exists.
An insurer may include in a policy of insurance a schedule
showing the depreciated value of the vehicle at various times during
the life of the policy, but in such case, the premium shall be based
upon the average daily value of the vehicle over the life of the

.

5 Guam Code Ann. § 32202. Defective Tangible Goods Sold by a Merchant Which Do
Not Result in Death or Personal Injury.
This section does not apply in any case where personal injury or
death results from defective tangible goods or the sale of defective
tangible goods nor does it apply to goods not sold to an aggrieved
consumer by a merchant.
(1) New goods and vehicles less than five (5) years old are
defective if, within thirty (30) days of delivery, 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 thirty (30) days of delivery must be corrected
by the seller, and the seller may not rely upon any manufacturer’s
warranty to escape responsibility for correction; provided, that the
merchant may repair the goods pursuant to warranty and collect reimbursement pursuant to the terms of the warranty. This
subsection applies only to durable goods having a reasonable life
expectancy of over thirty (30) days. Goods having a shorter life
expectancy are defective if they fail prematurely. This subsection
does not apply to sales without warranty as described in subsection
(3) of this section, below.
(2) After thirty (30) days, new goods and vehicles less than five
(5) years old shall be repaired or replaced according to the terms of
warranty, if any, unless the seller has by advertisement, written or
oral communication, indicated some longer time for which the seller
assumes responsibility. If a warranty is not honored, the consumer
may elect 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 new, 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 value of the goods, whichever is greater.
(3) Nothing herein shall prohibit the sale of vehicles less than
five (5) years and goods (other than new homes) from being sold
subject to a defect, nor the sale of goods "as-is where-is" or without
warranty if the defects or lack of warranty or selling "as-is where-is"
are disclosed to the consumer. In such case, the provisions of this
section 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 warranty must be in a
separate writing signed by the consumer prior to purchase.
(4) The purchaser of new defective goods or vehicles less than
five (5) years old is entitled to have the actionable defects in the
goods adjusted at the expense of the seller for 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 not
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 the fair value of the usage of the item if used for more than thirty (30) days, at the
sole option of the seller as to whether to repair, replace, or refund.
Unless it can be proven that the seller knowingly sold defective
goods to a consumer without knowledge of the defect, the consumer
is not entitled to damages for the consumer’s inconvenience nor for
lost profits, but is entitled to other actual damages, plus, if the
matter is brought to suit, the other relief allowed by this chapter.
Before filing suit for such defective goods, 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 business, must return the goods to the seller at the time of
delivery of the notice for the seller’s inspection.
(5) A consumer who is fraudulently sold used goods which are
affirmatively represented as new is entitled to a refund of the cost of
the goods, and may keep the goods as a penalty. In such case, all
warranties shall continue in full force and effect. In the alternative,
as to appliances and vehicles, the consumer may choose to keep the
goods, pay for the goods as agreed, and the seller will be obligated
to make all necessary repairs and maintenance for the good’s regular
and normal usage for a period of five (5) years. Any other
settlement (in or out of court) between a consumer and a seller who
has sold used goods as new is voidable by the consumer unless first
approved in writing by the consumer and either the Attorney
General or any attorney representing the consumer.
(6) This section applies only to sales or transactions by
merchants.
5 Guam Code Ann. § 32202. Defective Tangible Goods Sold by a Merchant Which Do
Not Result in Death or Personal Injury.
This section does not apply in any case where personal injury or
death results from defective tangible goods or the sale of defective
tangible goods nor does it apply to goods not sold to an aggrieved
consumer by a merchant.
(1) New goods and vehicles less than five (5) years old are
defective if, within thirty (30) days of delivery, 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 thirty (30) days of delivery must be corrected
by the seller, and the seller may not rely upon any manufacturer’s
warranty to escape responsibility for correction; provided, that the
merchant may repair the goods pursuant to warranty and collect reimbursement pursuant to the terms of the warranty. This
subsection applies only to durable goods having a reasonable life
expectancy of over thirty (30) days. Goods having a shorter life
expectancy are defective if they fail prematurely. This subsection
does not apply to sales without warranty as described in subsection
(3) of this section, below.
(2) After thirty (30) days, new goods and vehicles less than five
(5) years old shall be repaired or replaced according to the terms of
warranty, if any, unless the seller has by advertisement, written or
oral communication, indicated some longer time for which the seller
assumes responsibility. If a warranty is not honored, the consumer
may elect 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 new, 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 value of the goods, whichever is greater.
(3) Nothing herein shall prohibit the sale of vehicles less than
five (5) years and goods (other than new homes) from being sold
subject to a defect, nor the sale of goods "as-is where-is" or without
warranty if the defects or lack of warranty or selling "as-is where-is"
are disclosed to the consumer. In such case, the provisions of this
section 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 warranty must be in a
separate writing signed by the consumer prior to purchase.
(4) The purchaser of new defective goods or vehicles less than
five (5) years old is entitled to have the actionable defects in the
goods adjusted at the expense of the seller for 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 not
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 the fair value of the usage of the item if used for more than thirty (30) days, at the
sole option of the seller as to whether to repair, replace, or refund.
Unless it can be proven that the seller knowingly sold defective
goods to a consumer without knowledge of the defect, the consumer
is not entitled to damages for the consumer’s inconvenience nor for
lost profits, but is entitled to other actual damages, plus, if the
matter is brought to suit, the other relief allowed by this chapter.
Before filing suit for such defective goods, 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 business, must return the goods to the seller at the time of
delivery of the notice for the seller’s inspection.
(5) A consumer who is fraudulently sold used goods which are
affirmatively represented as new is entitled to a refund of the cost of
the goods, and may keep the goods as a penalty. In such case, all
warranties shall continue in full force and effect. In the alternative,
as to appliances and vehicles, the consumer may choose to keep the
goods, pay for the goods as agreed, and the seller will be obligated
to make all necessary repairs and maintenance for the good’s regular
and normal usage for a period of five (5) years. Any other
settlement (in or out of court) between a consumer and a seller who
has sold used goods as new is voidable by the consumer unless first
approved in writing by the consumer and either the Attorney
General or any attorney representing the consumer.
(6) This section applies only to sales or transactions by
merchants.

.

§ 32303. Notice to Consumer.When tangible goods are delivered to a consumer which have been
ordered from a telephonic seller as a part of a telemarketing scheme,
there shall also be delivered a written notice on a page by itself in at least
14 point type informing the consumer that the consumer may return the
goods anytime within thirty (30) days after actual receipt by the
consumer (unless a longer period is given by the seller), and may receive
a full refund of all amounts paid, including all shipping and handling
charges and all shipping charges paid by the consumer to return the goods. The notice shall indicate the name, address, and preferred method
of return; provided, that return by the U.S. Postal Service, return in
person by the consumer, or return by the same manner as shipped 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 date delivered by the
consumer to the U.S. Postal Service or other appropriate common carrier.
Upon actual receipt of such returned goods, the seller shall within five
(5) working days return the full purchase price, including all handling
and all shipping charges. Any seller who fails to make such refund when
due shall be jointly liable with the individual salesperson who actually
made the sale for three times the total amount of the sale, including all
shipping and handling charges.
§ 32303. Notice to Consumer.When tangible goods are delivered to a consumer which have been
ordered from a telephonic seller as a part of a telemarketing scheme,
there shall also be delivered a written notice on a page by itself in at least
14 point type informing the consumer that the consumer may return the
goods anytime within thirty (30) days after actual receipt by the
consumer (unless a longer period is given by the seller), and may receive
a full refund of all amounts paid, including all shipping and handling
charges and all shipping charges paid by the consumer to return the goods. The notice shall indicate the name, address, and preferred method
of return; provided, that return by the U.S. Postal Service, return in
person by the consumer, or return by the same manner as shipped 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 date delivered by the
consumer to the U.S. Postal Service or other appropriate common carrier.
Upon actual receipt of such returned goods, the seller shall within five
(5) working days return the full purchase price, including all handling
and all shipping charges. Any seller who fails to make such refund when
due shall be jointly liable with the individual salesperson who actually
made the sale for three times the total amount of the sale, including all
shipping and handling charges.

.

5 Guam Code Ann. § 32304. Contracts Required.No sale or contract for sale of services, intangible goods, stocks,
bonds, or investment opportunities by a telemarketing seller is final or
enforce able until the consumer has signed a contract to purchase the
same and delivered a signed copy of the contract to the seller. In the case
of stocks, bonds, intangible goods, or investment opportunities the
signature of the consumer must be acknowledged by a notary public to
be enforce able. If a consumer has actually received stocks, bonds,
intangible goods, or the investment opportunity prior to signing the
required acknowledged contract, the consumer shall return whatever he
received if the consumer disavows the transaction.
5 Guam Code Ann. § 32304. Contracts Required.No sale or contract for sale of services, intangible goods, stocks,
bonds, or investment opportunities by a telemarketing seller is final or
enforce able until the consumer has signed a contract to purchase the
same and delivered a signed copy of the contract to the seller. In the case
of stocks, bonds, intangible goods, or investment opportunities the
signature of the consumer must be acknowledged by a notary public to
be enforce able. If a consumer has actually received stocks, bonds,
intangible goods, or the investment opportunity prior to signing the
required acknowledged contract, the consumer shall return whatever he
received if the consumer disavows the transaction.

.

5 Guam Code Ann. § 32305. Charges Not Collectible.No telemarketing seller nor its successor in interest (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 receiving the payment from the consumer.
5 Guam Code Ann. § 32305. Charges Not Collectible.No telemarketing seller nor its successor in interest (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 receiving the payment from the consumer.

.

5 Guam Code Ann. § 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 would be untrue or misleading,
including, but not limited to, in the manner 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 be delivered to the awardee without a requirement
to pay money or purchase goods or services.
(c) It is unlawful to notify any person by any means that such person
will receive a gift (including a prize or consisting of a prize) and that as a
condition of receiving the gift such person must pay any money, or
purchase or lease (including rent) any goods or services, if any one (1) or
more of the following 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 delivering goods of like size,
weight, and kind for shippers other than the offerer of the gift
for the geographic area 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 shipping goods for shippers other than the
offerer of the gift.
(2) The handling charge
(A) Is not reasonable, or
(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 of 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 or leased
by the offeree of the gift in order to obtain the gift could have been
purchased through the same marketing channel in which the gift
was offered for a lower price without the gift items at or proximate
to the time the gift was offered.
(4) The majority of the gift offerer’s sales or leases within the
preceding year, through the marketing channel in which the gift is
offered or through in-person sales at retail outlets, of the type of
goods or services which must be purchased or leased, in order to
obtain the gift item, were made in conjunction with the offer of a
gift. This subsection does not apply to a gift offer made by a general
merchandise 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
the general merchandise retailer at any time during the period
beginning six (6) months before and continuing 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 any manner.
(5) The gift offerer represents that the offeree has been
specially selected in any manner unless (A) the representation is true
and (B) the offeree made purchase from the gift offerer within the six-(6-)month period before the gift offer was made or has a credit
card issued by, or a retail installment account with, the gift offerer
or the offeree previously entered the contest offered by the offeree.
(6) Nothing in this section nor in this chapter may be used as a
defense by an offerer to prevent an offerer from awarding a gift or
prize to a contest winner, even if the contest was in violation of this
or any other statute; and nothing herein shall prevent legitimate
contests which do not require the offeree to spend any money with
the offerer 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 services 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 prize as promised, the Superior
Court may, upon application of the Attorney General or the prize
winner, order the sponsor to make the award as promised or pay the
full retail value of the prize, plus attorney’s fees, and such civil
penalties as are provided in this chapter or in any other statute.
(7) This article does not prohibit legitimate contests not
requiring the purchase of goods or services or the expenditure of
money; nor offers of gifts tied to the sale of other goods or services,
if no element of chance is involved, and if the requirement that other
goods must be purchased is clearly stated in all advertising and
communications; nor does it apply to games at Fiesta Guam, or its
successor, or to games conducted in village fiestas authorized by the
village 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 Articles 1 and 2
of this chapter, the Attorney General may also represent a consumer
in an action for specific performance of the terms of the contest or
offer of gift.
(d) The following definitions apply to this section: (1) Marketing channel means a method of retail distribution,
including, but not limited to, catalog sales, mail order sales, telephone
sales, and in-person sales at 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 one hundred (100) different types of
goods or services to the public in Guam throughout a period
exceeding five (5) years.
(3) Each violation of the provisions of this section is a
misdemeanor.
5 Guam Code Ann. § 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 would be untrue or misleading,
including, but not limited to, in the manner 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 be delivered to the awardee without a requirement
to pay money or purchase goods or services.
(c) It is unlawful to notify any person by any means that such person
will receive a gift (including a prize or consisting of a prize) and that as a
condition of receiving the gift such person must pay any money, or
purchase or lease (including rent) any goods or services, if any one (1) or
more of the following 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 delivering goods of like size,
weight, and kind for shippers other than the offerer of the gift
for the geographic area 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 shipping goods for shippers other than the
offerer of the gift.
(2) The handling charge
(A) Is not reasonable, or
(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 of 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 or leased
by the offeree of the gift in order to obtain the gift could have been
purchased through the same marketing channel in which the gift
was offered for a lower price without the gift items at or proximate
to the time the gift was offered.
(4) The majority of the gift offerer’s sales or leases within the
preceding year, through the marketing channel in which the gift is
offered or through in-person sales at retail outlets, of the type of
goods or services which must be purchased or leased, in order to
obtain the gift item, were made in conjunction with the offer of a
gift. This subsection does not apply to a gift offer made by a general
merchandise 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
the general merchandise retailer at any time during the period
beginning six (6) months before and continuing 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 any manner.
(5) The gift offerer represents that the offeree has been
specially selected in any manner unless (A) the representation is true
and (B) the offeree made purchase from the gift offerer within the six-(6-)month period before the gift offer was made or has a credit
card issued by, or a retail installment account with, the gift offerer
or the offeree previously entered the contest offered by the offeree.
(6) Nothing in this section nor in this chapter may be used as a
defense by an offerer to prevent an offerer from awarding a gift or
prize to a contest winner, even if the contest was in violation of this
or any other statute; and nothing herein shall prevent legitimate
contests which do not require the offeree to spend any money with
the offerer 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 services 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 prize as promised, the Superior
Court may, upon application of the Attorney General or the prize
winner, order the sponsor to make the award as promised or pay the
full retail value of the prize, plus attorney’s fees, and such civil
penalties as are provided in this chapter or in any other statute.
(7) This article does not prohibit legitimate contests not
requiring the purchase of goods or services or the expenditure of
money; nor offers of gifts tied to the sale of other goods or services,
if no element of chance is involved, and if the requirement that other
goods must be purchased is clearly stated in all advertising and
communications; nor does it apply to games at Fiesta Guam, or its
successor, or to games conducted in village fiestas authorized by the
village 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 Articles 1 and 2
of this chapter, the Attorney General may also represent a consumer
in an action for specific performance of the terms of the contest or
offer of gift.
(d) The following definitions apply to this section: (1) Marketing channel means a method of retail distribution,
including, but not limited to, catalog sales, mail order sales, telephone
sales, and in-person sales at 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 one hundred (100) different types of
goods or services to the public in Guam throughout a period
exceeding five (5) years.
(3) Each violation of the provisions of this section is a
misdemeanor.

.

5 Guam Code Ann. § 32601. Short Title.This act shall be known as the “Consumer Protection And Right To
Choose Cable Television Service Act”.
5 Guam Code Ann. § 32601. Short Title.This act shall be known as the “Consumer Protection And Right To
Choose Cable Television Service Act”.

.

5 Guam Code Ann. § 32603. Access.(a) No property owner, condominium association, managing agent,
lessee or other person in possession or control of any residential building
(hereinafter “property manager”) shall forbid or prevent any occupant,
tenant or lessee (hereinafter “tenant”) of any such building from (1)
receiving cable television service from a cable operator, nor (2) demand
or accept payment from any cable operator or such tenant in any form as
a condition of permitting 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 against any tenant receiving cable service;
provided, however, that the property manager of such building may
require, in exchange and as compensation for permitting the installation
of cable television facilities within and upon such building, the payment
of just compensation by the cable operator which provides such cable
television service, said sum to be determined in accordance with the
provisions of subparagraphs (c) and (d) hereof, and provided further 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 removal of such cable television facilities and
service.
No cable operator shall install cable television facilities within a
residential building pursuant to this subparagraph (a) unless the property
manager of such residential building, or a tenant of such residential
building requests the delivery of cable television services. In any
instance in which a request for service is made by more than three (3)
tenants of a residential building, the cable operator may install cable
television facilities throughout the building in a manner which enables
the cable operator to provide cable television services to tenants of other
residential units without requiring the installation of additional cable
television facilities other than within the residential units occupied by
such other tenants.
(b) No property manager of any improved or unimproved real estate
shall forbid or prevent a cable operator from entering upon such real
estate for the purpose of and in connection with the construction or
installation of such cable television system and cable television facilities,
nor shall any such property manager of such real estate forbid or prevent
such cable operator from constructing or installing upon, beneath or over
(hereinafter “upon”) such real estate, including any buildings or other
structures located thereon, hardware, cable, equipment, materials or other
cable television facilities utilized by such cable operator in the
construction and installation of such cable television system; provided,
however, that the property manager of any such real estate may require,
in exchange and as compensation for permitting the construction or
installation of cable television facilities upon such real estate, the
payment of just compensation by the cable operator which provides such
cable television service, said sum to be determined in accordance with
the provisions of subparagraphs (c) and (d) hereof, and provided further
that the cable operator constructing or installing such cable television
facilities shall agree to indemnify the owner of such 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 of a residential
building or improved or unimproved real estate intends to require the
payment of just compensation in excess of $1 in exchange for permitting
the installation of cable television facilities in and upon such building, or
upon such real estate, the property manager shall serve written notice 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 estate. Unless timely notice as herein
provided is given by the property manager to the cable operator, it will
be conclusively presumed that the property manager of any such building
or real estate does not claim or intend to require a payment of more than
$1 in exchange and as just compensation for permitting the installation of
cable television facilities within and upon such building or real estate. In
any instance in which a cable operator intends to install cable television
facilities as herein provided, written notice of such intention shall be sent
by the cable operator to the property manager. Such notice shall include
the address of the property, 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
proceedings as provided in this subparagraph (c) and subparagraph (d).
In any instance in which a cable operator intends to install cable
television facilities within a residential building containing twelve(12) or
more residential units, the written notice shall further provide that the
property manager may require that the cable operator submit written
plans identifying the manner in which cable television facilities are to be
installed, including the proposed location of coaxial cable. Approval of
such 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 thereof, or in the case of
a condominium association, 90 days after receipt thereof, the property
manager identifies in writing the specific manner in which such plans
deviate from generally accepted construction or safety standards, and
unless the property manager contemporaneously submits an alternative
construction plan providing for the installation of cable television
facilities in an economically feasible manner. The cable operator may
proceed with the plans originally submitted if an alternative plan is not
submitted by the property manager within 30 days, or in the case of a
condominium association, 90 days, or if an alternative plan submitted by
the property manager fails to comply with 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 improved or unimproved real estate described in subparagraph (b), who shall have given timely
written notice to the cable operator as provided in subparagraph (c), may
assert a claim for just compensation in excess of $1 for permitting the
installation of cable television facilities within and upon such building or
real estate. Within 30 days after notice has been given in accordance with
subparagraph (c), the property manager shall advise the cable operator in
writing of the amount claimed as just compensation. If within 60 days
after the receipt of the property manager’s claim, the cable operator has
not agreed to pay the amount claimed or some other amount acceptable
to the property manager, the property manager may bring suit to enforce
such claim for just compensation in any court of competent jurisdiction
and, upon timely demand, may require that the amount of just
compensation be determined by a jury. Any such action shall be
commenced within 6 months of the notice given by the cable operator
pursuant to subparagraph (c) hereof. In any action brought to determine
such amount, the property manager may submit evidence of a decrease in
the fair market value of the property occasioned by the installation or
location of the cable on the property, that the property manager has a
specific alternative use for the space occupied by cable television
facilities, the loss of which will result in a monetary loss to the property
manager, or that installation of cable television facilities within and upon
such building or real estate otherwise substantially interferes with the use
and occupancy of such building to an extent which causes a decrease in
the fair market value of such building or real estate.
(e) Disposition of cable home wiring upon installation. In order to
promote competition between cable operators and to assure the smooth
transition of services from one cable operator to another, if so desired by
a cable subscriber (hereinafter “subscriber”), and to allow private real
property owners 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 any
residential single unit or multiple unit dwelling by a cable operator,
the installed wiring shall be deemed to be 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 wiring, a cable operator shall make no attempt to
remove it or to restrict its use.
5 Guam Code Ann. § 32603. Access.(a) No property owner, condominium association, managing agent,
lessee or other person in possession or control of any residential building
(hereinafter “property manager”) shall forbid or prevent any occupant,
tenant or lessee (hereinafter “tenant”) of any such building from (1)
receiving cable television service from a cable operator, nor (2) demand
or accept payment from any cable operator or such tenant in any form as
a condition of permitting 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 against any tenant receiving cable service;
provided, however, that the property manager of such building may
require, in exchange and as compensation for permitting the installation
of cable television facilities within and upon such building, the payment
of just compensation by the cable operator which provides such cable
television service, said sum to be determined in accordance with the
provisions of subparagraphs (c) and (d) hereof, and provided further 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 removal of such cable television facilities and
service.
No cable operator shall install cable television facilities within a
residential building pursuant to this subparagraph (a) unless the property
manager of such residential building, or a tenant of such residential
building requests the delivery of cable television services. In any
instance in which a request for service is made by more than three (3)
tenants of a residential building, the cable operator may install cable
television facilities throughout the building in a manner which enables
the cable operator to provide cable television services to tenants of other
residential units without requiring the installation of additional cable
television facilities other than within the residential units occupied by
such other tenants.
(b) No property manager of any improved or unimproved real estate
shall forbid or prevent a cable operator from entering upon such real
estate for the purpose of and in connection with the construction or
installation of such cable television system and cable television facilities,
nor shall any such property manager of such real estate forbid or prevent
such cable operator from constructing or installing upon, beneath or over
(hereinafter “upon”) such real estate, including any buildings or other
structures located thereon, hardware, cable, equipment, materials or other
cable television facilities utilized by such cable operator in the
construction and installation of such cable television system; provided,
however, that the property manager of any such real estate may require,
in exchange and as compensation for permitting the construction or
installation of cable television facilities upon such real estate, the
payment of just compensation by the cable operator which provides such
cable television service, said sum to be determined in accordance with
the provisions of subparagraphs (c) and (d) hereof, and provided further
that the cable operator constructing or installing such cable television
facilities shall agree to indemnify the owner of such 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 of a residential
building or improved or unimproved real estate intends to require the
payment of just compensation in excess of $1 in exchange for permitting
the installation of cable television facilities in and upon such building, or
upon such real estate, the property manager shall serve written notice 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 estate. Unless timely notice as herein
provided is given by the property manager to the cable operator, it will
be conclusively presumed that the property manager of any such building
or real estate does not claim or intend to require a payment of more than
$1 in exchange and as just compensation for permitting the installation of
cable television facilities within and upon such building or real estate. In
any instance in which a cable operator intends to install cable television
facilities as herein provided, written notice of such intention shall be sent
by the cable operator to the property manager. Such notice shall include
the address of the property, 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
proceedings as provided in this subparagraph (c) and subparagraph (d).
In any instance in which a cable operator intends to install cable
television facilities within a residential building containing twelve(12) or
more residential units, the written notice shall further provide that the
property manager may require that the cable operator submit written
plans identifying the manner in which cable television facilities are to be
installed, including the proposed location of coaxial cable. Approval of
such 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 thereof, or in the case of
a condominium association, 90 days after receipt thereof, the property
manager identifies in writing the specific manner in which such plans
deviate from generally accepted construction or safety standards, and
unless the property manager contemporaneously submits an alternative
construction plan providing for the installation of cable television
facilities in an economically feasible manner. The cable operator may
proceed with the plans originally submitted if an alternative plan is not
submitted by the property manager within 30 days, or in the case of a
condominium association, 90 days, or if an alternative plan submitted by
the property manager fails to comply with 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 improved or unimproved real estate described in subparagraph (b), who shall have given timely
written notice to the cable operator as provided in subparagraph (c), may
assert a claim for just compensation in excess of $1 for permitting the
installation of cable television facilities within and upon such building or
real estate. Within 30 days after notice has been given in accordance with
subparagraph (c), the property manager shall advise the cable operator in
writing of the amount claimed as just compensation. If within 60 days
after the receipt of the property manager’s claim, the cable operator has
not agreed to pay the amount claimed or some other amount acceptable
to the property manager, the property manager may bring suit to enforce
such claim for just compensation in any court of competent jurisdiction
and, upon timely demand, may require that the amount of just
compensation be determined by a jury. Any such action shall be
commenced within 6 months of the notice given by the cable operator
pursuant to subparagraph (c) hereof. In any action brought to determine
such amount, the property manager may submit evidence of a decrease in
the fair market value of the property occasioned by the installation or
location of the cable on the property, that the property manager has a
specific alternative use for the space occupied by cable television
facilities, the loss of which will result in a monetary loss to the property
manager, or that installation of cable television facilities within and upon
such building or real estate otherwise substantially interferes with the use
and occupancy of such building to an extent which causes a decrease in
the fair market value of such building or real estate.
(e) Disposition of cable home wiring upon installation. In order to
promote competition between cable operators and to assure the smooth
transition of services from one cable operator to another, if so desired by
a cable subscriber (hereinafter “subscriber”), and to allow private real
property owners 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 any
residential single unit or multiple unit dwelling by a cable operator,
the installed wiring shall be deemed to be 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 wiring, a cable operator shall make no attempt to
remove it or to restrict its use.

.

5 Guam Code Ann. § 32702. Short Title.This Act shall be known and may be cited as the “Social Security
Number Confidentiality Act”.
5 Guam Code Ann. § 32702. Short Title.This Act shall be known and may be cited as the “Social Security
Number Confidentiality Act”.

.

5 Guam Code Ann. § 32703. Definitions.The following definitions shall be used in interpreting this Act:
(a) “Phish” means the act of sending an electronic mail or
message over the internet to a user in an attempt to mislead the user
into surrendering private information for any purpose other than the
purpose disclosed to the user by the sender of the e-mail or
message.
(b) “Public entity” means the government of Guam and any
agency or instrumentality thereof. For purposes of this Act, public
entity does not include the federal government.
(c) “Private entity” means any individual, corporation,
company, partnership, firm, association, or any entity 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 otherwise make
available to the general public.
5 Guam Code Ann. § 32703. Definitions.The following definitions shall be used in interpreting this Act:
(a) “Phish” means the act of sending an electronic mail or
message over the internet to a user in an attempt to mislead the user
into surrendering private information for any purpose other than the
purpose disclosed to the user by the sender of the e-mail or
message.
(b) “Public entity” means the government of Guam and any
agency or instrumentality thereof. For purposes of this Act, public
entity does not include the federal government.
(c) “Private entity” means any individual, corporation,
company, partnership, firm, association, or any entity 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 otherwise make
available to the general public.

.

5 Guam Code Ann. § 32704. General Rule.No public or private entity shall:
(a) Assign an identification number to an individual which is
identical to or incorporates an individual’s Social Security Number
(SSN).
(b) Publicly post or publicly display, in any manner, 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 provided by the person or
entity.
(d) Print an individual’s SSN on identification cards or
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 SSNs.
(f) Require an individual to transmit his private
information or SSN over the internet in an unsecured 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 public or
private entity which requests an individual to disclose his
SSN shall inform the individual upon his 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 have an
individual disclose private information or their SSN.
5 Guam Code Ann. § 32704. General Rule.No public or private entity shall:
(a) Assign an identification number to an individual which is
identical to or incorporates an individual’s Social Security Number
(SSN).
(b) Publicly post or publicly display, in any manner, 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 provided by the person or
entity.
(d) Print an individual’s SSN on identification cards or
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 SSNs.
(f) Require an individual to transmit his private
information or SSN over the internet in an unsecured 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 public or
private entity which requests an individual to disclose his
SSN shall inform the individual upon his 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 have an
individual disclose private information or their SSN.