Consumer Warranty Law: 11.4.3.3 Recklessness As an Alternative to Negligence
In states that do not overtly recognize the tort of negligent misrepresentation, a plaintiff may be able to prevail on a claim labeled as intentional misrepresentation that might otherwise be pleaded as negligent misrepresentation. For its scienter requirement the intentional misrepresentation claim would rely not on the claim that the defendant knew that the representation was false, but that the defendant acted in reckless disregard of the truth.239