3. Deceptive Trade Practices
A deceptive trade practice is an activity in which an individual or business engages that is calculated to mislead or lure the public into purchasing a product or service. False advertising and odometer tampering are two of the most blatant examples of this commercial lying. Such activities are given special status as offenses against the citizenry in general and are therefore accorded by law special enforcement status.
Deceptive trade practices result in criminal prosecution in some states; in others, statutes provide for private enforcement, whereby a citizen is entitled to sue a business for violating deceptive trade practice laws and may be able to recover punitive damages and/or statutory fines. The attorney general of the state may also bring a lawsuit against an offending business enterprise.
3. Deceptive Trade Practices
A deceptive trade practice is an activity in which an individual or business engages that is calculated to mislead or lure the public into purchasing a product or service. False advertising and odometer tampering are two of the most blatant examples of this commercial lying. Such activities are given special status as offenses against the citizenry in general and are therefore accorded by law special enforcement status.
Deceptive trade practices result in criminal prosecution in some states; in others, statutes provide for private enforcement, whereby a citizen is entitled to sue a business for violating deceptive trade practice laws and may be able to recover punitive damages and/or statutory fines. The attorney general of the state may also bring a lawsuit against an offending business enterprise.
Because a deceptive trade practice may affect individuals or businesses from more than one state, a number of states have adopted the standardized Uniform Deceptive Trade Practices Act (UDTPA). The Uniform Act does not add or detract from the law of any one state; rather, it is inclusive and tends to cover, in general terms, all the prohibitions and issues addressed in state law in this area. For example, the Uniform Act prohibits making deceptive representations in connection with commercial goods. This obviously covers odometer tampering, but it also addresses all forms of deception in the marketing or advertising of goods and services. Those states that have not adopted the UDTPA have laws similar to it.
There is little controversy among the states over what activity amounts to a deceptive trade practice. However, there is a great deal of variety concerning the remedies available for the violations and who may sue for those violations. There are two main purposes of the statutes providing for remedies for businesses engaging in unlawful activity: (1) injunctions or restraining orders forbidding the continued deceptive trade practice and (2) punishment via fines, damages, and imprisonment. But because businesses are generally in violation of deceptive trade practice laws, and because it is difficult to determine whom to punish in the violating business, fines are generally the most effective method of extracting restitution.
| Table 3: Deceptive Trade Practices |
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| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
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| ALABAMA | No §§8-19-1 et seq. | Yes (§13A-9-42) | Private parties, attorney general, district attorney (§8-19-8) | Restraining orders (§8-19-8); actual damages or $100, whichever is greater, or in court’s discretion up to three times actual damages (§8-19-10); continuous willful violation is Class A misdemeanor (§8-19-12); civil penalty up to $25,000 per violation (§8-19-11) | Yes §8-19-5(15) |
| ALASKA | No; Article 3. Unfair Trade Practices and Consumer Protection | Yes §45.50.471(b) | Attorney general (§45.50.501); private or class action suites (§45.50.531) | Injunction; $500 or 3 times actual damages, whichever is greater; treble damages or equitable relief (§45.50.531) | Yes §45.50.471(b)(18) |
| ARIZONA | No | Yes (§44-1522; §13-2203); Class 1 misdemeanor | Attorney general (§44-1524); No language that indicates a consumer or private party may bring an action. | Subpoena; injunction, civil damages (§44-1526-1528); if willfully violated: $10,000 civil penalty (§44-1531); violating injunction: $25,000 penalty (§44-1532). | Yes; Class 1 misdemeanor (§44-1223) |
| ARKANSAS | No; Chap. 88 Deceptive Trade Practices | Yes (exception for those falsely advertising unknowingly) (§4-88-107) | (§4-88-111)Attorney general will bring claim, private party files petition with attorney general. | Injunction and return any money for purchased good to consumer; suspend corporate charter or business permit; possible $10,000 fine per violation if violation of injunction willful; actual damages and reasonable attorney’s fee §4-88-113; if willful deceptive trade practice, Class A misdemeanor (4-88-103) | Yes; license may be denied, suspended or revoked for violation (§23-112-308(21) |
| CALIFORNIA | No | Yes (Bus. & Prof. §17500 et seq. ) | Attorney general; district attorney or other prosecuting attorney may bring suit for injunctive and civil penalties (Bus & Prof. §17535); any individual may bring suit for injunction or restitution (Bus. & Prof. §17203) | Violation of provision misdemeanor punishable by imprisonment in county jail not exceeding 6 months or a fine not exceeding $2500/both. (Bus. & Prof. §17500) May be both imprisoned and fined. | Yes (Veh. C. §28050, et seq. ); misdemeanor (Veh. §40000.15) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| COLORADO | Yes; “Colorado Consumer Protection Act, an Update” (6-1-101) | Yes (§6-1-105) | Class action; attorney general; private citizens; district attorney (§6-1-113) | The amount of actual damages, $500, or 3 times the actual damages, whichever is greatest if established by clear and convincing evidence that the person engaged in bad faith; cost of reasonable attorney’s fee | Yes (§42-6-202) |
| CONNECTICUT | Connecticut Unfair Trade Practices Act (§§42-110a to 42-110q; 42-144 to 42-149) | None generally but §42-110b describes “unfair or deceptive acts” in trade, defined as including advertising by §42-110a(4) | Private parties; attorney general; class action; Commissioner of Consumer Protection (§§42-110d, g) | Willful violation: $5,000 for each offense; costs; attorney’s fees; injunctive or equitable relief; punitive damages | Yes (§14-106b); class A misdemeanor |
| DELAWARE | Yes (Tit. 6 §§2531, et seq. ) Uniform Deceptive Trade Practices Act (6 §2536) | Yes (Tit. 6 §2532) | Attorney general and victims of deceptive trade practices (6 §2522) Service in accordance with 6 §2514 | Violation of Tit.6 §2501 is $100 (Tit. 6 §2503); not more than $10,000 for each willful violation, enjoin practice or other appropriate relief (Tit. 6 §§2522 to 2524); actual damages (Tit. 6 §2524); treble damages (Tit. 6 §2533[c]); injunction, attorney’s fees (Tit. 6 §2533) | Yes (Tit. 21 §§6401, 6404) |
| DISTRICT OF COLUMBIA | Yes (§28-3904) | Yes (§28-3904) | Director of Department of Consumer and Regulatory Affairs; consumer (§28-3905) | Appropriate civil penalties: injunction, actual and treble damages, attorney’s fees; consumer redress remedies; punitive damages (§28-3905) | No |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| FLORIDA | No (§§501.201, et seq. )Florida Deceptive & Unfair Trade Practices Act | Yes | Enforcing authority for specific industry; consumer in private action §501.203 | False advertising: 2nd degree misdemeanor (§817.45); food: 2nd degree misdemeanor (§500.177); actual damages if in bad faith; injunction; declatory judgment that act is violation (§501.207). Damages vary based on industry where deceptive trade practice is used. Generally false advertising is a 2nd degree misdemeanor; willful unfair trade practices in any industry may result in up to $10,000 civil penalty for each violation; reasonable attorney’s fees and costs (§501.2075) | Yes; 3rd degree felony (§319.35) |
| GEORGIA | Yes (§10-1-370 to 375; 390 to 407)Uniform Deceptive Trade Practices Act | Yes (§§10-1-420, 421) | Administrator; private party (§§10-1-397, 398) | Misdemeanor (§10-1-420); civil penalty $25,000 (10-1-405); enjoining practices (§10-1-423); exemplary damages for intentional violation, limited to actual damages if bona fide error (§10-1-399, 400); fine over $100 but less than $1,000 or prison for up to 20 days or both (§10-1-421); exception for ignorance (§10-1-396) | Yes (§40-8-5); violator liable for three times actual damages or $1,500, whichever is greater, costs and attorney’s fees |
| HAWAII | Yes (§481A)Uniform Deceptive Trade Practice Act | Yes (§481A-3; 708.871 Criminal Code) false advertising misdemeanor | Consumer Protection Agency (§487); private parties (§481A-4) | Injunction; costs to prevailing party; attorney’s fees (481A-4); false advertising misdemeanor | Yes (§486-77)(1) and (4) |
| IDAHO | Yes (§48-601) Idaho Consumer Protection Act | Yes (48-603) | State (48-606); private party (48-608) | Declaratory judgment, enjoining practices, specific performance, civil penalties up to $5,000, recover reasonable costs, investigative expenses, and attorney’s fees (48-606 and 607); in private action recover actual damages or $1,000 whichever is greater, costs, and attorney’s fees (48-608). | Yes (§49-1629); purchaser of vehicle could bring action and recover court costs and attorney’s fees (49-1630) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| ILLINOIS | Yes (§815 ILCS 510/1 et seq. ) | Yes; (§815 ILCS 510/2) | State attorney or attorney general may enjoin; private party (815 ILCS 510/3 | Injunctive relief, costs or attorney’s fees (815 ILCS 510/3) | Yes; Class A misdemeanor (§720 ILCS 5/17-11) |
| INDIANA | No (§24-5-0.5-1 to 10) | Yes; (§35-43-5-3) | Consumer or consumer class; attorney general (§24-5-0.5-4) | Actual damages; attorney’s fees; attorney general may seek injunction, costs and up to $15,000 for violating injunction (§24-5-0.5-4); penalty up to $500 for incurable deceptive act (§24-5-0.5-8). Class A misdemeanor (§35-43-5-3) | Yes (§9-19-9-2); Class D felony |
| IOWA | No. Consumer fraud (§714.16) | Yes §714.16; §126.16 defines false advertising | Attorney general and by civil action | Temporary restraining order; preliminary injunction; permanent injunction; civil penalty not to exceed $40,000; up to $5,000 per day for violation of temporary restraining order, preliminary injunction or injunction; costs of court, investigation, reasonable attorney’s fees (714.16) | Yes (§321.71) |
| KANSAS | No; Kansas Consumer Protection Act §50-623, et seq., §21-4403 | Yes (§50-626) | Attorney general or any other city or district attorney §50-632; consumer §50-634 | Obtain declaratory or injunctive relief; reasonable expenses and investigation fees (50-632); individual may receive attorney’s fees (§50-634); civil penalty not more than $20,000 (§50-634) | Yes §21-3757 injured customer may void sale and recover penalties and attorney’s fees based on 15 U.S.C. §§1981, et seq. |
| KENTUCKY | No. Consumer Protection Act (§367.010 et seq. ) | Yes (§367.170) | Attorney general, consumer (§§367.190, 367.220) | Injunction; restraining order (367.190); reasonable attorney’s fees (367.220); guilty of misdemeanor, fined not less than $100 but not more than $500, imprisoned for no longer than 12 months, or some combination of both (368.990) | Yes; license may be revoked and civil penalties of $5,000 per violation (§367.990; 190.270) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| LOUISIANA | Yes (51:1401-1418) Unfair Trade Practices and Consumer Protection Law | Yes advertisements, untrue or misleading, prohibited. (51:411) | Attorney general (§51:1404); individual who has suffered ascertainable loss (§51:1409) | Actual damages, and if willful, violator must pay treble damages plus attorneys fees and costs; injunctive relief (§51:407); additional relief as necessary to compensate (§§51:1408, 51:1409) | Yes; misdemeanor with fine up to $500 and/or up to 90 days prison (32 §726.1) |
| MAINE | Yes (Tit. 10 §§1211 to 1216; Tit. 5 §§206 to 214) | Unlawful (Tit. 10 §1212) | Attorney general, person likely to be damaged by practice (Tit. 10 §1213) and (Tit. 5 §209 & 5 §213) | Injunction, possible to get attorney’s fees and costs; also available are common law and other statutory remedies (Tit. 10 §1213) (Tit. 5 §213) | Yes (Tit. 29A §2106); class D offense |
| MARYLAND | No (Com. Law §§13-301, et seq. ) | Yes (Com. Law §13-301) | Consumer Protection Division; attorney general; consumer (Com. Law §13-401) | Fine up to $1,000; injunction; actual damages; possibly attorney’s fees (Com. Law §§13-401, et seq. ) misdemeanor $1,000 and/ or up to 12 months in jail (Com. Law §13-411) | Yes (Transp. 22 §415) |
| MASSACHUSETTS | Yes (Ch.93A §21) | Unlawful (Ch. 93A §2); (Ch. 266 §91, et seq. ) | Attorney general; private parties (Ch. 93A §9) | Injunction, double or treble damages, attorney’s fees and costs (Ch. 93A §11) | Yes, liable for three times actual damages or $1,500, whichever is greater; attorney’s fees; (Ch. 266 §141A) criminal penalty of $500 to $1000 and 30 days to 2 yrs. imprisonment |
| MICHIGAN | No (§§445.901 to 922) Michigan Consumer Protection Act | Yes (§445.903) | Attorney general, prosecuting attorney, or private citizen; class action by attorney general (§445.910) | Injunction; actual damages or $250.00 whichever is greater, plus attorney’s fees; persistent and knowing violation $25,000 (§445.905.911) | Yes; three times amount of actual damages or $1,500 whichever is greater, cost of action and attorney’s fees. (§257.233a) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| MINNESOTA | Yes (§§325D.43-48) | Yes (§325 D.44) | Attorney general, county attorney (§325 F.70); any person likely to be damaged (§325 D.45) | Injunction (§325 F.70); court costs, attorney’s fees (§325 D.45) | Yes (§325 E.14); Gross misdemeanor, actual damages, costs and disbursements, attorney’s fees; court has discretion to award an amount for damages not to exceed three times active damages or $1,500, whichever is greater. (§325 E.16) |
| MISSISSIPPI | Yes; (§§75-24-1, et seq.) | Yes (§75-24-5) | Attorney general, district attorney, county attorneys; injured consumers; no class actions (§75-24-15) | Restoration of money or property (§75-24-11): civil penalty up to $10,000 for willful violations; individual may recovery attorney’s fees; injunction (§75-24-19); misdemeanor: fined up to $1,000 (§75-24-20) | Yes (§63-7-203); violation is misdemeanor and punishable by fine up to $500 and/or prison up to 6 months (§63-7-209) |
| MISSOURI | No (§407.010 to 407.130) | Yes (§407.020) | Consumer, class action (§407.025) attorney general (§407.100) | For false advertising: court may award punitives, attorney’s fees, injunction (§407.025) restitution civil penalty not more than $1,000 (§407.100) misdemeanor penalty (§§570.160.170) | Yes; (§407.511 et seq. ); treble damages or $2,500 whichever is greater and attorney’s fees (§407.546); injunction (§407.551); odometer fraud in the first degree is a Class A misdemeanor (§407.516); in the second degree, Class D felony (§407.521); in the third degree is a Class C misdemeanor (§407.526) |
| MONTANA | No, Montana Unfair Trade Practices and Consumer Protection Act of 1973 (§§30-14-101 to 224) | Yes (§30-14-103) | County attorney; attorney general; individuals but not class actions (§30-14-121) dept. of commerce (§30-14-111) | Recovery of out-of-pocket losses (§30-14-132); the greater of $500 or actual damages, treble damages; reasonable attorney’s fees; injunction (§30-14-133) | Yes (§61-3-607); fine up to $5,000 and/or prison up to 10 years; motor vehicle dealer revocation of license |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
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| NEBRASKA | Yes with modifications (§§87-301 to 306) | Yes (§87-302) | Person likely to be damaged (§87-303); attorney general (§87-303.02) | Criminal penalties for violating Act; costs, perhaps attorney’s fees, plus other common law and statutory remedies (§87-303); injunction; civil penalty up to $2,000 for each violation (§87-303.11) | Yes (§60-132) |
| NEVADA | Revised Uniform Act adopted with significant variations (§§598.0903 to 598.0925) | Yes (§598.0915, 207.171) | Attorney General; consumer advocate; consumer if he is victim of deceptive trade practice (§§41.600; 598.0963) district attorney (§207.174) | Injunctions; return of money or property; penalties up to $10,000 for each violation possible and willful violation is misdemeanor, second is gross misdemeanor, third is a felony; suspension of right to conduct business or dissolution of corporation possible (§598.0999); criminal and civil penalties (§§207.174 and 175); damages, attorney’s fees, and costs (§41.600) | Yes (§484.6062); tamperer is guilty of misdemeanor; person selling a tampered-with vehicle guilty of gross misdemeanor (484.6067) |
| NEW HAMPSHIRE | Yes (§358A:2 et seq. ) | Yes (§358A:2) | Attorney General, consumer protection (§358A:4); private actions
(§358A:10), class actions
(§358A:10a) | Misdemeanor penalty (§358A:6); injunctive; equitable relief; attorney’s fees; actual damages or $1,000 whichever is greater; willful violation up to treble damages not less than double damages (§358A:10); state civil penalties up to $10,000 per violation (§358A:4) | Yes (§262.17) first offense misdemeanor, 2nd offense Class B felony |
| NEW JERSEY | No (§§56:8-1, et seq. ) | Yes (§56:8-2) | Attorney general, private party (§56.8-10, 11) | Penalty as Attorney General deems proper (§56.8-3.1); injunction; penalty up to $7,500 for first offense and $15,000 for second (§56:8-13) attorney general may recover costs of suit in an action maintained by the state (§56:8-11); senior citizens receive twice the amount or value (§56:8-14) | Yes (§2C:21-8) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| NEW MEXICO | Yes (§§57-12-1, et seq. ) | Yes (§§57-15-1,2) | Attorney general (§§57-15-6, 8) and any private person likely to be damaged (§57-12-10); district attorney (§57-15-5) | Injunctive relief, actual damages or $100 whichever is greater, $300 or treble damages whichever is greater, attorney’s fees and costs (§57-12-10); civil penalty (§57-12-11); false advertising civil penalty not to exceed $500 (§57-15-4) | Yes (§57-12-6); misdemeanor and three times actual damages |
| NEW YORK | No; Consumer Protection From Deceptive Acts and Practices (§349-350-e) | Yes (Gen. Bus. §350) | Attorney general (Gen. Bus. §350-d); private litigation (Gen. Bus. §350-e) for party injured | Three times actual damages up to $1,000 for willful violations, attorneys fees (§350-e) | Yes (Gen. Bus. §392-e), misdemeanor |
| NORTH CAROLINA | No | Yes (§§75-1.1; 75-29) | Attorney general; consumer (§§75-15.2, 16) | Civil penalties: up to $5,000 (§75-15.2); treble damages for one injured (§75-16); attorney’s fees (§75-16.1) | Yes (§20-343) |
| NORTH DAKOTA | No; Unfair Trade Practices Law (§51-10-01 et seq. ) | Yes (§§51-12-01; 51-12-08) | Attorney general, state’s attorney (§§51-10-05.1, 51-12-14) any person damaged (§51-10-6) | False advertising is a Class B misdemeanor (§51-12-13); injunction (§§51-10-06, 51-12-14) | Yes; violation is a Class C felony if prior conviction; otherwise Class B misdemeanor (§39-21-51) |
| OHIO | Adopted with modifications (Ch. 4165); (overlaps with Uniform Consumer Sales Practice Act (§1345.01-13) | Yes (§4165.02) | Attorney general; class actions; person likely to be damaged (§4165.03) (§1345.07) (§1345.09) | Civil penalty of not more than $25,000 if practice found to be unfair, deceptive, etc. (§1345.07); injunction; actual damages and attorney’s fees (§4165.03); other remedies as available at common law and other statutes (§1345.09) | Yes (§§4549.42, 46, 49); 3 times the amount of actual damages or $1,500, whichever is greater and attorney’s fees and costs |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| OKLAHOMA | Yes (Tit. 15 §§751 to 765) Oklahoma Consumer Protection Act | Yes (Tit. 15 §753) | Attorney general; district attorney (Tit. 15 §756.1); consumer (Tit. 15 §761.1) | Declaratory judgment, enjoin, restrain, actual damages, revoke license, grant other appropriate relief (Tit. 15 §756.1); violator liable to aggrieved consumer for actual damages and litigation costs, including attorney’s fees, civil penalty: up to $10,000 per violation of injunction, if violation is unconscionable, penalty of up to $2,000 per violation (Tit. 15 §761.1) | Yes (47 §12-503); misdemeanor fine not more than $10,000 or imprisonment for not more than 1 year or both fine and imprisonment (47 §12-506) |
| OREGON | Main provisions adopted with significant variations (§§646.605 to 656) | Yes (§646.608) | State, consumers (§646.618) (§646.638) | Civil actions may be brought to recover actual damages or $200, whichever is greater; punitive and equitable relief also; injunction; attorney’s fees (§646.638); court may make additional orders of judgement as necessary to restore to any person or as may be necessary to insure cessation of unlawful trade practice (§646.636) | Yes; Class C felony (§815.410); $1,500 or treble the actual damage, whichever is greater, plus costs and reasonable attorney’s fees |
| PENNSYLVANIA | No (Tit. 73 §§201-1 to 9) Unfair Trade Practices and Consumer Protection Law | Yes (Tit. 73§201-2 and 3) | Private actions, attorney general, district attorney (73 §201-4), consumer-purchaser suffering ascertainable loss (Tit. 73 §201-9.2) | Private actions for actual damages or $100 whichever is greater; court may award treble damages but not less than $100 (Tit. 73 §201-9.2); civil penalty up to $1,000, up to $3,000 if victim is 60 or older (Tit. 73 §201-8); suspend right to do business (Tit. 73 §201.9); injunction; costs and attorney’s fees; any additional relief as deemed necessary or proper (Tit. 73 §201-9.2) | Yes (Tit. 75 §7132); three times actual damages or $3,000, whichever is greater, and attorney’s fees (Tit. 75 §7138); criminal penalties (Tit. 75 §7139) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| RHODE ISLAND | No (§§6-13.1-1 to 12) | Yes (§6.13.1-1) | Attorney general (§6-13.1-5); consumer with ascertainable loss (§6-13.1-5.2) Class actions allowed (§6-13.1-5.2) | The greater of actual damages or $200; punitives or equitable damages; injunction; attorney’s fees, costs (§6-13.1-5.2) | Yes (§§31-23.2-4; 31-23.2-3); prison up to 5 years or fine up to $10,000 or $1.00 per mile mileage fraud; revocation of license (31-23.2-7) |
| SOUTH CAROLINA | No (§§39-5-10, et seq. ) South Carolina Unfair Trade Practice Act | Yes (§39-5-10) (§39-5-20) | Attorney general (§39-5-50); any person suffering ascertainable loss (§39-5-140); solicitor, county attorney or city attorney with prior approval by the attorney general (§39-5-130) | Treble damages, actual damages, costs, and attorney’s fees (§39-5-140); civil penalty up to $5,000 (§39-5-110) | No specific statute |
| SOUTH DAKOTA | No (§§37-24-1, et seq. ) | Yes (§37-24-6) | Attorney general; (§37-24-23) any individual (§37-24-31) | False advertising Class 1 misdemeanor punishable criminally (§§22-41-10, 11); injunction (§37-24-28); civil penalty up to $2,000 (§37-24-27); actual damages (§37-24-31); court may make additional orders or judgments as necessary (§37-24-29); Class 2 misdemeanor (§37-24-6) | Yes (§32-15-33); violator is guilty of Class 1 misdemeanor; for second and subsequent violations violator is guilty of Class 6 felony |
| TENNESSEE | No (§47-18-101 et seq. )Tennessee Consumer Protection Act of 1977 | Yes (§47-18-104) | Attorney general; individual; Div. of consumer affairs in the Dept. of Commerce and Insurance (§47-18-106, 107, 108, 109, 114) | Injunctive relief, damages for injured customers; revocation of violator’s license; willful violators fined up to $1,000 (§§47-18-106, 108); possibly treble damages for willful violator (§47-18-109); Class B misdemeanor (§§47-18-104, 39-14-127) | Yes (§47-18-104, (16)) Class A misdemeanor (§39-14-132) |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| TEXAS | No (Bus. & Com. §§17.41 to 505) Deceptive Trade Practices– Consumer Protection Act | Yes (Bus. & Com. §17.46) | Attorney general; consumers; consumer protection division, district attorney (Bus. & Com. §§17.47, 17.48) | Actual and treble damages (Bus. & Com. §17.50); injunctive relief, restitution, attorney’s fees and costs, plus remedies available in other laws (Bus. & Com. §17.43, §17.50); restraining order, civil penalty not more than $2,000 per violation, not to exceed $10,000; if against consumer 65 or older, not more than $10,000 per violation, to to exceed $100,000 (Bus. & Com. §17.47) | Yes (Bus. & Com. §17.46(16)) |
| UTAH | No (§13-11a-1, et seq. ) | Yes (§13-11a-3) | State; consumer (§13-11a-4) | Declaratory judgment, enjoin, greater of $2,000 or actual damages; actual damages; costs and attorney’s fees; possible injunctive relief; remedies are in addition to remedies available for same conduct under state or local law (§13-11a-4) | Yes third degree felony (§41-1a-1319); Class B misdemeanor to offer for sale, sell, use, or install a device that causes the odometer to register miles other than true miles (§41-1a-1310) |
| VERMONT | No (Tit. 9 §2453) | Yes (Tit. 9 §2453) | Attorney general, state attorney (Tit. 9 §2458); damaged consumer (Tit. 9 §2461) | Injunction; civil penalty up to $10,000 (Tit. 9 §2458); equitable relief, actual damages, attorneys fees, exemplary damages (Tit. 9 §2461) restitution of cash or goods (Tit. 9 §2458) | Yes (Tit. 23 §1704a); fine not more than $1,000 for first offense and not more than $2,500 for each subsequent offense |
| VIRGINIA | No (§§59.1-196, et seq. ) Virginia Consumer Protection Act of 1977 | Yes (§59.1-200) | Attorney general; commonwealth attorney (§59.1-203); harmed individual (§59.1-204) | Enjoin violations, actual damages or $500, whichever is greater (§59.1-204); penalty for willful violation is fine up to $1,000; attorney’s fees and costs (§59.1-206) | Yes (§46.2-112). Fines not more than $10,000 and sentenced to more than one year in jail, either or both for a first offense; subsequent offenses shall not be fined more than $50,000 and/or not less than 1 year nor more than 5 years in a state correctional facility. |
| State | Uniform Deceptive Trade Practices Act Adopted | False Advertising Forbidden | Who May Bring Suit | Remedies Available | Auto Odometer Tampering Forbidden |
|---|
| WASHINGTON | No (§19.86.010 et seq. ) | Yes (§19.86.020) | Any injured person, attorney general (§§19.86.090, 095) | Civil penalties; injunctive degrees; treble damages, including costs and attorney’s fees; (treble damages may not exceed $10,000); actual damages; injunctive relief (§19.86.090) | Yes (§46.37.540); civil suit may recover costs and attorney’s fees (§46.37.590) |
| WEST VIRGINIA | No (§46A-6-101 et seq. ) | Yes (§46A-6-102) (§46A-6-104) | Consumer with ascertainable loss (§46A-6-106) | The greater of actual damages or $200; injunction (§46A-6-106); equitable relief | No specific provision against tampering |
| WISCONSIN | No; Wisconsin Consumer Act (§§421 to 427) | Yes (§423.301) | Class actions; individuals; administrator (§426.110) | Customer entitled to retain goods received without obligation to pay and recover any sums paid to merchant (§425.305); fine up to $2,000 (§425.401); injunction, attorney’s fees (§426.110) | Yes (§347.415) up to $5,000 fine and/ or up to 12 months in county jail (§347.50) |
| WYOMING | Yes (§§40-12-101 to 114) Wyoming Consumer Protection Act | Yes (§40-12-105) | Attorney general (§40-12-106); class actions; consumers (§40-12-108) | Restraining order; injunction (§40-12-106); actual damages for consumer; costs and fees (§40-12-108); if consumer is over 60 or a person with a disability and conduct was willful: reasonable attorney’s fees and costs, restitution, civil penalty up to $15,0000 for each violation | Yes (§31-16-119) purchaser may recover costs and reasonable attorney’s fees (§31-16-123) |
