Unfair & Deceptive Acts & Practices (UDAP) Civil Penalties
Consumers in California and across the U.S. are protected against dishonest practices by merchants under Section 5 of the Federal Trade Commission Act, Unfair and Deceptive Acts and Practices, or UDAP. While every state has its own interpretation of UDAP laws, the common theme is that businesses and merchants are prohibited from committing unconscionable or deceptive practices in regard to consumer transactions. Accidental or intentional UDAP violations may provide grounds for a valid lawsuit against the at-fault company. Civil penalties may be imposed, regardless of whether the consumer suffered direct losses or harm as a result of the violation.
Our UDAP attorneys handle cases involving such violations as:
- Deceptive, unlawful, and unfair trade practices
- False or misleading advertising
- Fraudulent business practices
- Abusive business or trade practices
Have your rights as a consumer been violated? Talk to an attorney about your options and right to compensation. Call (909) 345-8110 for a free consultation!
When McCune Wright Arevalo, LLP represents a consumer or consumers who have been affected by Unfair and Deceptive Act and Practices violations, we pursue all possible compensation to maximize our client’s recovery. In addition to suing for damages to cover applicable financial losses or other harms suffered, the losing party may be held liable for your legal fees.
The majority of service providers, retailers, and manufacturers can be held liable for UDAP violations and subject to civil penalties, whether or not you as a consumer dealt directly with them. Civil penalties may apply regardless of intent, meaning the company can be accountable even if they do not act intentionally. Even accidental violations are actionable. If you believe you were deceived or otherwise subjected to unfair business practices by any company, an UDAP violation lawyer at McCune Wright Arevalo, LLP can review the situation with you to determine if you have a valid case.
To arrange your consultation, call (909) 345-8110.
$40 MillionSettlement on behalf of Arizona for automobile fraud.
How We Can Help
Protecting Consumers in the Inland Empire & the Surrounding Areas
McCune Wright Arevalo, LLP is one of the few private firms that has represented government entities to pursue civil penalties arising from the fraud. When it was revealed that Volkswagen had cheated on its diesel emissions testing, each state brought their own claim for civil penalties. 44 states settled those claims using their own attorney general office and settled early with Volkswagen for $1,100 per vehicle. The state of Arizona wished to pursue the case further, and did not settle and retained McCune Wright Arevalo, LLP to represent them because of our experience in automobile fraud and product liability cases. After two years of litigation, we were able to obtain a settlement of $40 million on behalf of the State of Arizona, which represented more than three times per vehicle more than the states who had pursued the case on their own (over $3,300 per vehicle).
How do I know if I have a case?Unfair and Deceptive Acts and Practices, or UDAP, is designed to protect consumers from deceptive practices of companies or businesses. This includes, but is not limited to, unfair or illegal trade, false advertising, fraud, or abuse. In these cases, the consumer may be entitled to compensation for harm, financial loss, and legal fees.
Do I need a lawyer who focuses on UDAP law?UDAP cases can be nuanced and require careful uncovering and collecting of evidence, including medical records and information on the product, service, or advertisement. Manufacturers and companies may be held liable even if the consumer didn’t deal directly with them or if the violation was made by an unintentional mistake or oversight. These issues and more make having an attorney who is familiar with UDAP cases important.
What does the legal process look like?A claim may be brought against a manufacturer or company within four years of the incident. Your attorney will file a lawsuit against the other party alleging a violation under Unfair and Deceptive Acts and Practices statutes, asserting the hardships that occurred. This lawsuit will seek compensation for fees and damages as a result of the violation. Your attorney can then settle the claim out of court or pursue the matter in a civil trial.
Does it cost anything to speak with an attorney?No, initial consultations are free of charge and provided to clients to discuss their case. After the consultation, your attorney will advise you on whether or not you can make a claim for a UDAP violation, what the process may entail, and how to move forward.