NCLC has just released in print and online Unfair and Deceptive Acts and Practices (9th ed. Dec. 2016) (1011 pp.). Print and online subscribers receive this print edition at no additional charge as part of their subscription—you should receive your book by December 5. The online version is available at www.nclc.org/library. Others can subscribe at www.nclc.org/bookstore..
For 35 years, Unfair and Deceptive Acts and Practices has been the most respected and leading treatise comprehensively covering case law and regulations under all 50 states’ deceptive practices (UDAP) statutes and the FTC Act. The treatise not only exhaustively presents case law in your jurisdiction, but relevant precedent from other jurisdictions and the FTC. The Ninth Edition adds thousands of new decisions since the last edition.
UDAP statutes are the workhorse of any consumer law practice, covering most types of marketplace deception and abuse, even where other remedies are not available. The statutes not only provide strong remedies and attorney fees for violations, but often provide strong remedies and attorney fees for violations of other statutes when those statutes do not provide an adequate private remedy.
The treatise in print and online covers these topics in depth:
- • Preparation for UDAP clients, determining if there is a UDAP approach, and whether it should be pursued;
- • Whether a transaction is covered by a UDAP statute (e.g. credit, debt collection, real property, residential leases, business opportunity scams, employer-employee problems) and whether the UDAP statute reaches certain sellers (e.g. insurers, utilities, regulated entities, lawyers, non-profits);
- • Whether federal law preempts a UDAP claim;
- • Per se violations, proving claims without per se violations, and sources of UDAP precedent;
- • General standards of deception, unfairness and unconscionability;
- • Unsubstantiated claims, deceptive pricing, high-pressure sales, deception regarding legal rights, warranties and contracts, and invasion of privacy;
- • Delay and non-delivery, defective goods, prior use, repairs and billing;
- • Loan brokers, improvident extension of credit, exorbitant credit charges, unfair credit agreements, abusive mortgages, credit cards, debt collection, creditor remedies, repossessions, and debt settlement;
- • Discovery in auto cases, auto financing, insurance, service contracts, and add-ons, unfair dealer negotiation practices, used car sales issues, new car pricing deception, leases, daily rentals, auto repair, and towing;
- • Manufactured homes, landlord-tenant, home sales, home improvements, utilities, and rent-to-own;
- • Health spas, campgrounds, private trade schools, travel, hearing aids, nursing homes, assisted living, funerals, and hospitals;
- • Attorneys, insurance, and business schemes;
- • Liability of agents, principals, officers, related companies, aiders and abettors, co-conspirators, holders of consumer credit agreements, bonding companies, and bankruptcy estates;
- • Statute of limitations, preconditions to UDAP actions, pleading and framing UDAP claims, discovery and investigations, and trials;
- • Calculating actual damages, statutory, multiple and punitive damages, class actions, injunctions, and attorney fees;
- • Special chapter on state attorney general investigations, enforcement actions, and remedies; and
- • Statute-by-statute analysis of state UDAP statutes.