13.7.6 False Promise or Misrepresentation.

• Jurisdiction: Arizona

13.7.6 False Promise or Misrepresentation. A.R.S. § 44-1522 distinguishes between concealment, suppression or omission of any material fact, and a false promise; the former applies to pre-existing or present facts while the latter covers events to occur in the future.¹⁶⁰ As it is with common law fraud, there is no action under the Consumer Fraud Act unless the promise is made without a present intent to perform.¹⁶¹

To determine whether a representation falls within the category of those prohibited by the Act, Arizona’s legislature instructed Arizona’s courts to rely on interpretations given by the federal trade commission and the federal courts to the Federal Trade Commission Act, 15 U.S.C. §§ 45 et seq. (also known as the Deceptive Trade Practices Act).¹⁶²

In relying on federal law, the Arizona Court of Appeals noted that the term...