1.4.1 Federal Deception Law As a Companion Volume
Federal Deception Law is a companion volume to this treatise. As the amount of UDAP precedent proliferated, it was deemed more manageable for readers to split Unfair and Deceptive Acts and Practices into two separate treatises. Now Unfair and Deceptive Acts and Practices focuses on state UDAP claims. Federal Deception Law concentrates on federal and state statutes and regulations that, while often related to UDAP litigation, establish distinct requirements and remedies. It is strongly recommended that readers subscribe to both treatises.
Federal Deception Law focuses on Federal Trade Commission trade regulation rules that impose specific requirements on sellers and creditors. It outlines the standards for the Consumer Financial Protection Bureau to adopt rules prohibiting unfair, deceptive, or abusive practices (UDAAP), considers existing CFPB UDAAP guidance, and will analyze any rules it adopts using that UDAAP authority. Of special note, Federal Deception Law contains the most detailed analysis available of the FTC Holder Rule, the FTC Telemarketing Rule, and standards under the Telephone Consumer Protection Act. The treatise also considers other federal and state limits on telemarketing and unwanted calls, texts, faxes, and emails.
Federal Deception Law also analyzes in depth several alternatives to private state UDAP claims, including federal and state RICO statutes, the federal False Claims Act, and federal and state antitrust claims. Other topics include a detailed chapter on debt relief services, and discussions of unsolicited merchandise, plain English requirements, and requirements that disclosures or contracts be in the same language as the parties’ negotiations.