UDAP Attorneys

Unfair and Deceptive Acts and Practices (UDAP) serves as the basis to describe factors that can be dishonest, deceptive, or unfair practices. Each state will have its own interpretation of UDAP. However, the Federal Deposit Insurance Corporation (FDIC) applies the same standards as the FTC to determine if an act is unfair. According to the FDIC, a practice that is to be unfair must satisfy three requirements. First, it must cause or be likely to cause substantial injury to customers. Second, consumers cannot reasonably avoid the danger. Third, it cannot outweigh its benefits to consumers or to competition. The FTC uses a three-part test to determine if a practice is in violation. To determine a UDAP violation, a practice must mislead the consumer, the consumer must observe it, and the damages must be material. In most cases, these requirements can protect most consumers from dishonest or unfair practices but mostly consumer focused.

UDAAP stands for Unfair, Deceptive, or Abusive Acts or Practices, laws designed to protect consumers from unethical financial practices by businesses. UDAAP is similar to UDAP but has some notable differences that set the two apart from one another. The foundations set for UDAAP follow that of UDAP closely, but with modifications that allow it to focus its protection. With this protection, financial products or service providers cannot deceive consumers into making unwanted purchases. In addition, the providers may not make misleading statements about their products and services to consumers. This protection, following the 2008 financial crisis, allows more consumer confidence in financial transactions. For UDAAP, an unfair practice is one that can harm consumers financially and that consumers cannot reasonably avoid.
When a McCune Law Group attorney represents a consumer or consumers who has 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 harm 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, a UDAP violation attorney at McCune Law Group can review the situation with you to determine if you have a valid case.