1.8 State UDAP Statutes
Every state has a general statute prohibiting deceptive and unfair marketplace conduct. This treatise adopts the typical term commonly used to refer to these statutes: UDAP (an acronym for Unfair and Deceptive Acts and Practices). UDAP statutes are treated in detail in another NCLC treatise, Unfair and Deceptive Acts and Practices.103
UDAP statutes are important because they provide excellent remedies and apply to any kind of deceptive and unfair conduct. Thus, violations of a credit discrimination statute can also violate a state UDAP statute, providing treble damages and/or minimum statutory damages and a relatively long limitations periods in some states. However, when a consumer alleged credit discrimination on the basis of race as a violation of a state UDAP statute, but not as a violation of the Equal Credit Opportunity Act (ECOA) or Fair Housing Act (FHA), the claim was dismissed without prejudice.104 Credit discrimination on a basis not prohibited by a credit discrimination statute could still be an unfair practice under a state UDAP statute.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) prohibits deceptive, unfair, and abusive acts or practices, creating a federal UDAP statute.105
103 National Consumer Law Center, Unfair and Deceptive Acts and Practices (9th ed. 2016), updated at www.nclc.org/library.
104 See Mayoral v. WMC Mortg., L.L.C., 2009 WL 3272697 (N.D. Ill. Oct. 6, 2009).
105 12 U.S.C. § 5531.