New Hampshire and Vermont and most other states have consumer protection laws that apply to unfair business practices such as selling defective cars and selling services such as house siding or driveway sealer and products that do not perform as promised. These laws often have provisions that award attorney’s fees if you win your case, and up to three times damages if the violation is willful or deliberate.
The Federal Trade Commission also enforces rules against unfair and deceptive practices at the federal level. The goal of all of these state and federal protections is to get consumers honest treatment in the marketplace and eliminate deceptive practices.
The following are some common examples of consumer fraud:
- Making false statements about a product’s effectiveness, quality or ingredients
- Advertising sale items that are not actually available for sale
- “Bait and switch” advertising
- Fictitious testimonials
At the same time, many ordinary breach of contract cases are brought by lawyers who claim that the allegedly breaching party has engaged in consumer fraud. There is a heavy burden on the lawyer to prove this, often referred to as the “rascality test.” This requires the court to find that the bad behavior “reaches a level of rascality that would raise the eyebrows of one inured to the rough and tumble of everyday commerce.”
This law office has been aggressively litigating consumer fraud claims, both bringing cases for plaintiffs who have been duped and defending against such charges for defendants, for nearly 30 years.
If your company is in need of legal assistance to bring or defend against a consumer fraud claim, call our office at 800-909-LAWS (5297) or submit an online questionnaire through this website. Because all cases have a statute of limitations that bar claims after a particular period of time has passed, please call right away to ensure that you do not waive your rights by waiting too long.