39-8-301. Deceptive practices prohibited.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

39-8-301 . Deceptive practices prohibited. A professional employer organization or group may not:

(1)make, issue, circulate, or cause to be made, issued, or circulated an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison that misrepresents the benefits, advantages, conditions, or terms of a professional employer arrangement or that is otherwise untrue, deceptive, or misleading;

(2)enter into an agreement to commit or by concerted action commit an act of boycott, coercion, or intimidation that results in unreasonable restraint of or monopoly in the business of professional employer services;

(3)file with the department or other public official or make, publish, disseminate, circulate, or deliver to a person a false statement of financial condition with the intent to deceive;

(4)knowingly:

(a)make a false entry of a material fact in a book, report, or statement of a person; or

(b)omit a material fact pertaining to the business of the person from a book, report, or statement of that person;

(5)permit the use or filing of a name, trade name, fictitious name, or business identity that is the same as or similar to or that may be confused with the name, trade name, fictitious name, or business identity of an existing licensee, governmental agency, or nonprofit organization; or

(6)commit any other practice determined by department rule to be deceptive.