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Unfair, Deceptive and Abusive Practices (UDAP) - NCLC Every state has a consumer protection statute broadly prohibiting deceptive practices Many also prohibit unfair or unconscionable practices, and a few prohibit abusive practices These UDAP statutes are consumers’ main protection against unscrupulous businesses and can provide victimized consumers with effective relief NCLC works to preserve, strengthen, and enforce these important laws
Consumer Protection in the States - NCLC The summaries were developed after detailed research into each state’s UDAP statute and the decisions interpreting it, and many were reviewed by practitioners in the states Any errors are the responsibility of the National Consumer Law Center (NCLC) and should be brought to NCLC’s attention Not all features of the states’ statutes fit neatly into our rating system In borderline cases
Consumer Protection in the States - NCLC Alaska Alaska’s UDAP statute includes strong prohibitions of unfair or deceptive acts, and gives the attorney general the authority to adopt regulations prohibiting emerging forms of unfairness and deception It is significantly weakened by a blanket exemption for insurers, and by provisions that the state supreme court has interpreted as making the statute inapplicable to real estate
Consumer Protection in the States - NCLC Arizona’s UDAP statute applies to the sale or advertising of any merchandise, defined broadly to include services and intangibles Ariz Rev Stat §§ 44-1521(5), 44-1522(A) The statute does not include an exemption for utility service, and an intermediate appellate court has held it applies to utilities Qwest Corp v Kelly, 59 P 3d 789 (Ariz App 2002)
A 50-State Report on Unfair and Deceptive Acts and Practices . . . - NCLC UDAP laws prohibit deceptive practices in consumer transactions and, in many states, also prohibit unfair or unconscionable practices Yet despite their critical role in ensuring marketplace justice and fairness, the effectiveness of UDAP laws varies widely from state to state
How Well Do States Protect Consumers? - NCLC UDAP laws prohibit deceptive practices in consumer transactions and, in many states, also prohibit unfair or unconscionable practices But their effectiveness varies widely from state to state
NCLC Consumer Protection CONSUMER in the States LAW CENTER A 50-STATE . . . NJ HI Does the State UDAP Statute Apply Does the State UDAP Statute Apply to Real Estate Transactions? HI Unfair and Deceptive Acts and Practices States that Deny Consumer Relief Unless the State Proves the Business’s Knowledge or Intent
NCLC Publishes 50-State Report on Unfair and Deceptive Acts and . . . The report analyzes and summarizes the unfair and deceptive acts and practices (UDAP) laws that protect consumers in each state and the District of Columbia, and spotlights limitations in the substance and scope of the laws and in their enforcement