What are the differences between an unfair act and a deceptive act?
An unfair act or practice entails appropriation without permission and with intent to obtain commercial benefit or to divert patronage from a competitor. A deceptive act or practice involves direct misrepresentation, such as false claims or allegations that a competitor’s goods or services are defective, or claims with false merit for one’s own products, (i.e., false advertising). Accordingly, elements of proof may vary depending on how the allegations are pleaded.
