Charles, Re: <I wonder if there's a basis for an investor lawsuit here from both camps.>
An interesting question, indeed!
From the FTC Deceptive Practices Act
mlmlegal.com
"(1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful."
. . . "Whenever the Commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition or unfair or deceptive act or practice in or affecting commerce, and if it shall appear to the Commission that a proceeding by it in respect thereof would be to the interest of the public, it shall issue and serve upon such person, partnership, or corporation a complaint stating its charges in that respect and containing a notice of a hearing upon a day and at a place therein fixed at least thirty days after the service of said complaint. "
ENCONnergy, for example, was sued, in part, because "Many consumers allege that ECONnergy's agents misrepresented the potential savings they would see if they switched to ECONnergy."
It does present an interesting question.
-tgp |