Law / United States / 
Guam
Deceptive Trade Practices Unlawful (Guam Trade Practices and Consumer Protection Act)
In force.
An unfair competition rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- A scraping, data-reselling, or automated-agent practice that misrepresents your identity, origin, authenticity, or affiliation to a Guam consumer can expose you to a Section 32201 claim by the Attorney General or by the consumer directly, though no Guam decision has tested this against a scraping fact pattern.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
On the Attorney General's application the court may impose a civil penalty of not more than $5,000 per violation of the chapter (5 GCA § 32127(a)); a person who violates an injunction the Attorney General obtained faces a civil penalty of not more than $10,000 per violation (§ 32127(b)). The chapter states no aggregate cap and no inflation-adjusting rule.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Who enforces it
Enforcement body
The Attorney General (civil penalties and representation of consumers, 5 GCA §§ 32116 and 32127) and aggrieved consumers who sue directly (§ 32111).
Settledness
- As of
- Open questions
- Does a scraper or automated agent that presents itself as an ordinary browser engage in 'Causing confusion or misunderstanding as to the source, sponsorship, approval or certification of goods or services' under section 32201(b), where no Guam consumer is shown the request?
- Can a business that is not a consumer as defined in section 32103(d) sue under section 32201(a) as 'any person as permitted pursuant to this chapter', when section 32111 gives the action to 'Any aggrieved consumer or the Attorney General'?
What it makes you log
Logging duty
Section 32201 declares false, misleading and deceptive acts and practices unlawful, lists them in subsections (b) and (c), and makes a violation actionable by the Attorney General or any person. It requires no log or record, and it carries no territorial clause of its own.
- Kind
- None
- As of
What this law does
Section 32201 declares false, misleading, or deceptive acts or practices in trade or commerce unlawful and actionable by the Attorney General or by any aggrieved person, with damages, rescission, or equitable relief available and the chapter to be liberally construed in favor of the consumer.
Section 32201 names no computer access, data collection, or automated conduct, so it reaches a scraper, data reseller, or AI service only where that service's conduct toward a Guam consumer is false, misleading, or deceptive. Public Law 21-18, which repealed and reenacted the chapter, was approved by the Governor on . The Act carries no effective-date section of its own.
Under Guam's general rule on the effective date of statutes, a law goes into effect at midnight of the day of its approval by the Governor unless the law provides otherwise (1 GCA § 102(a)). No source stating the day the chapter took effect has been located.
When LexLint raises it
When your app profile says your app crawls the web.
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