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Unfair and Deceptive Acts and Practices

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

$185 per year
Digital Subscription
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Updates

Continuous updates in Digital Library

Publisher

National Consumer Law Center

Formats Available

Digital; Digital + Print