LAW7980 - State Unfair Trade Practice Laws

LAW7980 - State Unfair Trade Practice Laws

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This course will explore the development, importance and enforcement of Little FTC Acts, focusing in particular upon the Connecticut Unfair Trade Practices Act (CUTPA), which has the largest body of unfairness case law of any state in the United States. Little FTC Acts are state analogues to the Federal Trade Commission Act, and are linked in some manner to the substantive provision of the FTC Act, Section 5(a)(1), 15 U.S.C. ? 45(a)(1), which prohibits unfair methods of competition and unfair and deceptive acts and practices. The course will explore the substantive and procedural similarities and differences between the FTC Act and Little FTC Acts. The course will also cover other types of state consumer protection statutes. In many states, such as Connecticut, Little FTC Acts have become all-purpose business litigation statutes, not merely strictly consumer protection statutes, and often involve class actions. Most Little FTC Acts provide for government enforcement in addition to private enforcement. The course will explore both the nature and the scope of such government enforcement, including the states' investigatory authority, and importantly, multistate consumer protection initiatives. The course will also cover the manner in which states coordinate their activities with the Federal Trade Commission and/or other federal consumer protection agencies, such as the Consumer Financial Protection Bureau.