State consumer protection statutes, commonly called UDAP or deceptive trade practices acts, prohibit unfair or deceptive acts in commerce. They typically require less proof than common law fraud, sometimes dispensing with intent and reliance requirements.
Remedies frequently include statutory or multiplied damages and attorney's fees.
Alternative Names:
UDAP Claim, Deceptive Trade Practices Claim
Why it Matters?
These statutes are attractive because they lower the proof burden and shift fees, which makes otherwise uneconomic claims viable and supports class treatment. Defense analysis begins with statutory scope, since many acts exclude business-to-business transactions, regulated industries, or particular sectors such as insurance. Pre-suit notice and cure provisions in several states also provide an early procedural defense.
Frequently Confused with
Frequently asked questions
How do these claims differ from common law fraud?
Do consumer protection statutes cover business disputes?
