faircontracts
In South Carolina, the mini-FTC act is called the South Carolina Unfair Trade Practices Act, or SC ST §§ 39-5-10 et seq. Under this legislation, plaintiffs have a cause of action when any legal entity employs an “unfair method of competition” or “unfair or deceptive act or practice.” To sustain an action, the plaintiff must…
Read MoreIn Rhode Island, the mini-FTC act is R.I. Gen. Laws §§6-13.1-1 through 6-13.1-28. Under this legislation, plaintiffs have a cause of action when a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity engages in “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any…
Read MoreIn Pennsylvania, the mini-FTC act is 73 P.S. §§ 201-1 – 201-9.3. Under this legislation, plaintiffs have a cause of action when a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity engages in prohibited “unfair methods of competition” or “unfair or deceptive acts or practices,” which are defined in §…
Read MoreIn Oregon, the mini-FTC act is Or. Rev. Stat. §§ 646.605 – 646.656. Under this legislation, plaintiffs have a cause of action when persons employ any unconscionable tactics or deceptive conduct. To sustain an action, the plaintiff must not show actual harm due to the defendant’s conduct. There is a statute of limitations for actions under…
Read MoreIn Oklahoma, the mini-FTC act is Okla. Stat. tit. 15, §§ 751 – 763; Okla. Stat. tit. 78, §§51 – 55. Under this legislation, plaintiffs have a cause of action when persons commit unfair and unconscionable acts and deceptive acts. To sustain an action, the plaintiff must not show actual harm due to the defendant’s…
Read MoreIn Ohio, the mini-FTC act is located at Ohio Rev. Code Ann. §§1345.01 through 1345.13 (Consumer Sales Practices Act) and Ohio Rev. Code Ann. §§4165.01 through 4165.04 (Deceptive Trade Practices Act). Under this legislation, plaintiffs have a cause of action when a supplier commits unfair, unconscionable or deceptive acts (this excludes financial institutions and dealers…
Read MoreIn North Dakota, the mini-FTC act is N.D. Cent. Code §§51-15-01 through 51-15-11. Under this legislation, plaintiffs have a cause of action when a business or person commits a deceptive act, fraud, false pretense, false promise, or misrepresentation, with the intent that others rely thereon in connection with the sale or advertisement of any merchandise. …
Read MoreIn North Carolina, the mini-FTC act is N.C. Gen. Stat. §§75-1.1 through 75-35. Under this legislation, plaintiffs have a cause of action when businesses (which do not include learned professions) take part in unfair and deceptive trade practices (A trade practice is an “unfair trade practice” when it offends established public policy as well as…
Read MoreIn New York, the mini-FTC act is Consumer Protection From Deceptive Acts and Practices (§349-350-e). Under this legislation, plaintiffs have a cause of action when businesses (construed very broadly) do deceptive acts or practices in the conduct of any business, trade or commerce or the furnishing of any service. To sustain an action, the plaintiff…
Read MoreIn New Mexico the mini-FTC act is the Unfair Trade Practices Act. Under this legislation, plaintiffs have a cause of action when businesses (with exemption for publishers, broadcasters, printers and regulatory bodies of New Mexico and the United States) use unfair trade practices (listed in section 57-12-2(D)(6)). To sustain an action, the plaintiff does not…
Read More