Unfair and Deceptive Acts and Practices: 10.1.1 Factors in Selecting Defendants
One of the most important practical decisions for a consumer litigant bringing a UDAP action is determining which parties to join as defendants. Those most responsible for deceptive practices may be the most difficult to serve with process or least likely to pay a monetary judgment. The parties with the “deepest pockets,” such as financers, shareholders, or corporate officers may be attractive candidates as defendants, if they do not have legal defenses insulating them from liability.