20-1095.09 Unfair trade practices; violation of article; cease and desist order

20-1095.09. Unfair trade practices; violation of article; cease and desist order

A. The director may order any service company, its agents, officials and representatives, a motor vehicle dealer or an administrator to cease and desist from engaging in any unfair trade practices if upon notice and a hearing it is determined that the person has engaged in such practices. Unfair trade practices include:

1. The making of any false or misleading statements, either oral or written, in connection with the sale, offer to sell or advertisement of a service contract.

2. The omission of any material statement in connection with the sale, offer to sell or advertisement of a service contract, which under the circumstances should have been made in order to make the statements that were made not misleading.

3. The making of any false or misleading statements, either oral or written, about the benefits or services available under the service contract.

4. The failure to perform the services promised under the service contract within a reasonable time and in a competent or workmanlike manner.

B. If the director determines that the provisions of this article have been violated, the director, in addition to the authority to revoke or suspend a permit as provided in section 20-1095.08, may issue an order requiring the person violating the provisions of this article to cease and desist from such method, act or practice. The director shall make a written record of the director's findings.