ABA Family Legal Guide

Contracts and Consumer Law

When Things Go Wrong

Lawsuits as Remedies

What are consumer protection or consumer fraud acts?

Laws prohibiting unfair or deceptive trade practices in consumer transactions have been enacted in every state. They apply to almost all consumer transactions and are extremely flexible and very potent—often providing for treble (triple) damages where a violation is found. Generally requiring lower legal hurdles than traditional fraud remedies—for example, intent to deceive is usually not a requirement—these laws usually provide for state action and recovery by private lawsuits. These laws are the ultimate legal reaction to "let the buyer beware." Their use involves numerous technicalities, though, and competent legal advice is absolutely necessary to take advantage of them.