The Arbitration of Consumer Unfair Trade Practices Claims

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).