Usually, courts will not let consumers back out of what are generally considered “bad deals” because of buyer’s remorse or a savvy sales pitch. However, there are times when consumers have been subjected to fraud about a product or were kept in the dark about certain contract terms. When businesses use deception against consumers, there are various laws these consumers can use to hold those businesses responsible for their behavior. Generally, trade practices are regulated in part by the Federal Trade Commission (FTC). The FTC has stated that deceptive trade practices are those that offend public policy established by common law and statute. Specifically, deceptive trade practices are unethical or fraudulent actions that substantially injure consumers or business competitors. Even if such deception is unintentional, the law allows consumers legal and equitable relief. Possible actions giving rise to a claim for deceptive trade practices include the following:
- False advertising
- Inaccurate pricing
- Distorting credit or payment terms
- Representing goods or services to have uses or qualities they do not possess
- Claiming used or altered goods to be new
While the general label for laws that prohibit deceptive trade practices is the Unfair and Deceptive Acts and Practices (UDAP), each state has its own specific consumer protection law. For instance, Georgia’s Fair Business Practices Act (FBPA) prohibits deceptive trade practices in consumer transactions, but litigation against companies that engage in such deception can be complicated and time-consuming. While courts have specific guidelines and requirements for what types of suits can be brought under the FBPA, the experienced attorneys at Pope McGlamry have extensive experience and resources to help you get the justice you deserve.
