Conaway v. Prestia, 191 Conn. 484 (1983)

Citation: Conaway v. Prestia, 191 Conn. 484 (1983)
Parent Document: Conaway v. Prestia, 191 Conn. 484 (1983)
Jurisdiction: Connecticut (state)
Effective Date: 1983-09-13
Original Source: https://www.courtlistener.com/opinion/1983626/conaway-v-prestia/ ↗

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405 U.S. 233, 92 S. Ct. 898, 31 L. Ed. 2d 170 (1972), the United States Supreme Court, in construing the scope of the Federal Trade Act and the concomitant power of the federal trade commission, concluded that “legislative and judicial authorities alike convince us that the Federal Trade Commission does not arrogate excessive power to itself if, in measuring a practice against the elusive, but congressionally mandated standard of fairness, it, like a court of equity, considers public values beyond simply those enshrined in the letter or encompassed in the spirit of the . . . laws.” (Footnote omitted.) Id., 244. The court thereupon proceeded favorably to cite the factors considered by the commission in determining whether an action or practice, while not explicitly in violation of the law or deceptive, is nevertheless unfair: “ ‘(1) whether the practice, without necessarily having been previously considered unlawful, offends public policy as it has been established by statutes, the common law, or otherwise — whether, in other words, *493

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