Broad prohibitions, statutory damages and fee shifting.
Esshaki Legal Media TeamCurrent as of January 2023
Every state has a statute prohibiting unfair or deceptive acts in trade or
commerce. They are among the most frequently pleaded claims in commercial
disputes involving individuals or small businesses.
Elements. Generally a deceptive or unfair act, in trade or commerce,
causing loss. Many statutes do not require intent, and some do not require
reliance.
Who may sue. Consumers in most statutes; some extend to businesses,
particularly where the transaction is for goods or services of a kind ordinarily
purchased for personal use, and a few reach business-to-business dealings
generally.
Remedies. Actual damages, often with statutory minimums, multiple damages
for wilful violations, injunctive relief, and attorney fees. The fee provision
is what makes small claims viable.
Exemptions. Many statutes exempt conduct specifically authorized by a
regulatory body, and transactions regulated under other schemes. The scope of
those exemptions is heavily litigated and is the first defense to assess.
Class actions. Statutory damages and fee shifting make these attractive for
aggregate treatment, and several statutes restrict class treatment expressly.
Practical exposure. Marketing language, automatic renewal practices, fee
disclosure, and cancellation processes are the recurring subjects.