Unfair and Deceptive Acts and Practices: 6.5.3 Uncovering Deception in Excessive Charge Cases
Cases that involve excessive charges rather than deception are more difficult to attack in jurisdictions where the state UDAP statute only prohibits deception, not unfairness or unconscionability. Even where the statute prohibits unfairness, a court may be reluctant to substitute its judgment for the agreement it perceives the parties as having negotiated. For these reasons, it is helpful if there is evidence of deception as well as unfairness.