faircontracts

Ohio Consumer Law

By faircontracts / June 7, 2010 / Comments Off on Ohio Consumer Law

In 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 More

North Dakota Consumer Law

By faircontracts / June 7, 2010 / Comments Off on North Dakota Consumer Law

In 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 More

North Carolina Consumer Law

By faircontracts / June 7, 2010 / Comments Off on North Carolina Consumer Law

In 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 More

New York Consumer Law

By faircontracts / June 7, 2010 / Comments Off on New York Consumer Law

In 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 More

New Mexico Consumer Law

By faircontracts / June 7, 2010 / Comments Off on New Mexico Consumer Law

In 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

New Jersey Consumer Law

By faircontracts / June 7, 2010 / Comments Off on New Jersey Consumer Law

In New Jersey the mini-FTC act is The Consumer Fraud Act N.J.S.A. §§56:8-1.  Under this legislation, plaintiffs have a cause of action when a person, business entity, agentor employee commits deceptive acts as outlined in §56:8-2.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct (though the Attorney General…

Read More

New Hampshire Consumer Law

By faircontracts / June 7, 2010 / Comments Off on New Hampshire Consumer Law

In New Hampshire, the mini-FTC act is Consumer Protection Act (N.H. Rev. Stat. Ann. §§358-A:1 to 358-A:13).  Under this legislation, plaintiffs have a cause of action when a defendant commits one of fourteen enumerated acts or other broadly deceptive acts.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct. …

Read More

Nevada Consumer Law

By faircontracts / June 7, 2010 / Comments Off on Nevada Consumer Law

In Nevada, the mini-FTC act is the Trade Regulation and Practices Act (Nev. Rev. Stat. §§509.0903 to 598.0999).  Under Nev. Rev. Stat. §41.600, plaintiffs have a cause of action when a person engages in a deceptive trade practice in violation of the Trade Regulation and Practices Act.  To sustain an action, the plaintiff must show…

Read More

Nebraska Consumer Law

By faircontracts / June 7, 2010 / Comments Off on Nebraska Consumer Law

In Nebraska, there are two governing mini-FTC acts:   The first is the Consumer Protection Act (Neb. Rev. Stat. §§59-1601 to 59-1623).  Under this legislation, plaintiffs have a cause of action when a defendant commits unfair or deceptive acts that affect the public interest.  To sustain an action, the plaintiff must show actual harm due…

Read More

Montana Consumer Law

By faircontracts / June 7, 2010 / Comments Off on Montana Consumer Law

In Montana, the mini-FTC act is the Montana – Consumer Protection Act.  Under this legislation, plaintiffs have a cause of action when any person employing unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce; which are unlawful.  To sustain an action, the plaintiff must show…

Read More