Consumer Actions Against Unfair or Deceptive Acts or Practices: The Private Uses of Federal Trade Commission Jurisprudence

Unfair & Deceptive Acts & Practices (UDAP) statutes are becoming a powerful form of consumer redress, & state courts will look at the jurisprudence developed under Section 5 of the Federal Trade Commission (FTC) Act to construe these statutes. Although modeled on Section 5 of the FTC Act, unlike Section 5, the UDAP statutes provide for private remedies to compensate consumers victimized by unfair commercial practices. Focus is on: (1) the federal courts' treatment of private claims under Section 5 of the FTC Act & on the FTC's role in consumer protection; & (2) a description of the UDAP statutes, the manner in which many state courts have read them in light of FTC jurisprudence, & some practical aspects of UDAP consumer litigation, ie, remedies, class actions, & awards of attorneys' fees. A justification is proffered for these private actions & some speculation made on future prospects under the statutes. An appendix lists the major features of UDAP statutes in each state. 1 Appendix. AA.