Federal Deception Law: 2.3.10 Private Remedies for Credit Practices Rule Violations
There is generally no private right of action under the FTC Act for a violation of an FTC trade regulation rule.223 It seems clear, however, that a consumer can challenge a violation of the FTC Credit Practices Rule under the many state UDAP statutes that prohibit “unfair” and/or “unconscionable” practices.224 The rule is an official FTC ruling that use of certain creditor remedies is an “unfair” trade practice.