State UDAP statutes vary in scope, covered transactions, required intent, and available remedies. Many provide attorney fees, minimum statutory damages, and treble or double damages for willful conduct.
Reliance and causation requirements differ substantially.
Alternative Names:
UDAP|Unfair or Deceptive Practices
Why it Matters?
Variation among state statutes is extreme, with some requiring individualized reliance that defeats class treatment and others permitting classwide proof through a presumption, which makes the state-by-state analysis determinative of certification prospects. Fee shifting sustains claims with modest damages. Safe harbors for conduct authorized by regulators exist in many statutes and are frequently overlooked as a defense.
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Frequently asked questions
Why does state variation matter so much?
What defense is frequently overlooked?
