Unfair Trade Practice / Consumer Protection
State and federal unfair trade practice and consumer protection laws prohibit the use of unfair or deceptive practices by businesses. While many of these practices are regulated by the Federal Trade Commission and individual states may become involved through their Attorney Generals, the laws also provide for private enforcement actions brought by individuals to stop improper practices and for the recovery of damages for the individual or class of individuals harmed.
Unfair or deceptive practices can include false advertising, misrepresentations in advertising, deceptive pricing and other kinds of anti-competitive behavior. Claims brought under these legal theories frequently supplement claims brought under antitrust laws, or under the common law. The Diet Drug Litigation involved in addition to claims for personal injury where the plaintiff suffered same, a consumer protection claim, that provided a refund of the cost of the Diet Drug prescriptions as a result of the violation of these laws, without a need for the individual to demonstrate personal injury harm.
In another case, the firm litigated against The Goodyear Tire & Rubber Co. a product liability claim, also involving unfair trade and consumer protection theories relating to that defendant's Entran product, which was a radiant heating hose device that was defective, resulting in a substantial recovery on behalf of the class.
Levin, Fishbein, Sedran & Berman have extensive experience successfully representing clients harmed by unfair trade practices.