October 17, 2011 Articles

The Arbitration of Consumer Unfair Trade Practices Claims

Whether a consumer unfair trade practices claim is litigated or arbitrated can have a significant impact on the manner in which it is investigated and tried.

By Peter J. Boyer and Mariah N. Samost

Congress and most state legislatures have enacted broad consumer protection (CP) and unfair trade practice (UTP) laws designed to protect consumers from fraudulent or deceptive practices in the marketing and sale of products and services. Many of these statutes provide for private rights of action. Some provide for treble damages and attorney fees. See, e.g., N.J.S.A. § 56:8–19 (New Jersey Consumer Fraud Act); Cal. Bus. & Prof. Code § 17082 (Unfair Competition Act); Cal. Civ. Code § 1794 (Consumer Warranty Act).

Premium Content For:
  • Litigation Section
Join - Now