UDAP statutes

State laws against unfair and deceptive acts and practices.

Every state has a UDAP statute - a consumer protection law prohibiting unfair or deceptive acts in trade. They are the workhorse of consumer class actions.

They differ substantially state to state in what counts as deceptive, whether reliance must be proven, what damages are available, and how long you have to sue. That variance is why one practice becomes several state cases rather than one national one.

Related terms

• Class action - One lawsuit brought on behalf of everyone harmed the same way.
• Class representative - The named person who stands in for the whole class.
• Class certification - The court ruling that lets one case speak for everyone.
• Arbitration clause - Contract language sending disputes to a private forum instead of court.
• Class-action waiver - A term saying you may only bring a claim for yourself, never as a group.
• Unconscionability - A contract term so one-sided a court refuses to enforce it.
• Contract of adhesion - A take-it-or-leave-it contract with no room to negotiate.
• Assent - Whether you actually agreed, and how the company proved it.