The Most Important Consumer Statute in All 50 States
A state’s unfair and deceptive acts and practices (UDAP) statute is the number one option in a consumer practitioner’s toolkit: an indispensable accompaniment for other consumer claims and often the only viable remedy for a wide array of abusive practices. NCLC's treatise has been the definitive resource in this area for use in all 50 states for over 40 years:
UDAP Claims Can Challenge Almost Any Marketplace Abuse:
- New and evolving consumer abuses
- Overreaching practices involving credit, debt collection, repossessions, mortgage servicing, and foreclosures
- Every aspect of motor vehicle sales, warranties, repairs, leases, and finance
- The unfairness standard’s wide application to one-sided contracts and practices
- Not just deception, but failure to disclose material facts
- Surprising applications, such as landlord-tenant, manufactured homes and parks, utilities, home sales, and much more.
UDAP Claims Offer Superior Remedies, Avoiding Litigation Pitfalls
- UDAP statutes offer actual and often minimum, multiple, or punitive damages
- Prevailing UDAP plaintiffs typically recover attorney fees
- Remedies may be available for violations of statutes that otherwise do not offer adequate remedies
- UDAP claims often reach deep pockets, creditors, and other third parties
- Federal preemption often does not apply
- UDAP state court litigation avoids the Supreme Court’s roadblocks to federal court litigation
A Complete Practice Package
- State-by-state analysis of each state’s UDAP statute
- Detailed treatment of FTC precedent that guides state UDAP rulings
- The most comprehensive and insightful analysis anywhere of UDAP precedent in all 50 states
- Full explanations of all exceptions to broad UDAP coverage
- Essential pleading requirements and preconditions applicable in selected states
- Sample pleadings and discovery. See an example here.
Praise
"This is the most thoroughgoing treatise on consumer law. If you only buy one manual (and that would be a mistake), buy this one!" —Stephen Gardner, Stanley Law Group
"A unique survey of UDAP law with which no other resource can compare." —State Bar of New Mexico News and Views