State v. Schwab, 693 P.2d 108 (1985)

Citation: State v. Schwab, 693 P.2d 108 (1985)
Parent Document: State v. Schwab, 693 P.2d 108 (1985)
Jurisdiction: Washington (state)
Effective Date: 1985-01-11
Original Source: https://www.courtlistener.com/opinion/1172955/state-v-schwab/ ↗

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We have seen, however, that Congress chose not to delineate precisely the type of unfair and deceptive practices outlawed; rather, it gave the Commission a deliberately flexible standard. FTC v. Sperry & Hutchinson Co., [405 U.S. 233, 31 L. Ed. 2d 170, 92 S. Ct. 898 (1972)] 405 U.S. at 239-240, 92 S.Ct. at 903. It is altogether inconsistent with the congressional intent that section 5 be a broad, all-inclusive trade regulation statute, to imply an exception for leases. Moreover, the argument that no specific mention is made of leasing really cuts the other way, in view of Congress' explicitness when it desired to make an exception from the jurisdiction of section 5. See 15 U.S.C.A. § 45(a)(6) (1963).

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