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1.1.2 The Treatise’s Subject Matter

Federal Deception Law, with some exceptions, focuses on federal (and parallel state) requirements and remedies that apply broadly to many different forms of marketplace abuse. Examples are the federal and state RICO statutes that apply to any form of consumer transaction and the federal False Claims Act that also provides strong remedies as long as the government is also victimized by a practice. The Telephone Consumer Protection Act applies to robocalls in a number of different contexts. Other examples are the rules and standards set out by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) (particularly the FTC Holder Rule).

Two exceptions are notable. One of the most important categories of statutes that are broadly applicable to marketplace abuse—state unfair and deceptive acts and practices statutes (UDAP)1—are treated in detail in a companion treatise, NCLC’s Unfair and Deceptive Acts and Practices. In addition, Chapter 11, infra, focuses on the regulation of debt relief services.