Consumer Protection Laws: 50-State Survey

Laws prohibiting unfair, deceptive, or abusive business practices protect consumers in each state. Often known as “UDAP statutes,” these laws generally allow a consumer harmed by a violation to sue for compensation and potentially other forms of relief. In some cases, they may be able to get damages greater than the monetary losses that they incurred. For example, a willful or knowing violation of a UDAP statute may expose a business to treble damages (three times the amount of the actual damages) or punitive damages in some states.

Certain states require a consumer to notify the business about the alleged violation before filing suit. In theory, this could encourage an efficient resolution if the business offers an appropriate settlement, but the pre-suit notice requirement adds to the challenge of bringing these lawsuits in states where it applies.

When the same violation affects many consumers in a similar way, they may be able to pursue damages through a class action. This can be a good strategy to hold a business accountable when each consumer has not sustained a significant amount of damages. However, a small group of states do not allow class actions in their courts for violations of UDAP statutes. (In at least some of these states, consumers may be able to bring a class action in federal court if the case falls within federal jurisdiction. The law in this area is unsettled and still evolving, so potential plaintiffs should consult a consumer lawyer for precise and current guidance.)

Click on a state below to learn more about the main UDAP statute in that state. You can find information about the practices that the law prohibits and the remedies that may be available, as well as pre-suit notice and class actions in state courts.

Alabama Consumer Protection Law

Unlawful practices: Alabama Code Section 8-19-5
Private right of action: Section 8-19-10
Pre-suit notice required: Yes
Class actions in state court: No

A violation of the consumer protection law that causes monetary damage to a consumer may result in an award of actual damages, or $100 if that is greater. Alternatively, it may result in an award of up to three times any actual damages in the court’s discretion. In deciding whether a treble damages award is appropriate, a court must consider factors such as the amount of actual damages awarded, the frequency of the violations, the number of people affected, and any intentional misconduct by the defendant. A court also may award a reasonable attorney fee and litigation costs.

Alaska Consumer Protection Law

Unlawful practices: Alaska Statutes Section 45.50.471
Private right of action: Section 45.50.531
Pre-suit notice required: No, unless consumer seeks injunction
Class actions in state court: Yes

A consumer who loses money or property due to an act or practice that is considered unlawful under the consumer protection law can recover three times the actual damages for each unlawful act or practice, or $500 for each unlawful act or practice if that is greater. A court also may order other relief that is necessary and proper. The statute does not prevent a consumer from pursuing common-law remedies as well.

Arizona Consumer Protection Law

Unlawful practices: Arizona Revised Statutes Section 44-1522
Private right of action: Section 44-1533 (implicitly)
Pre-suit notice required: No
Class actions in state court: Yes

Although the statute does not explicitly provide for a private right of action, the Arizona Supreme Court has held that this right arises from a provision stating that the law does not bar a claim against anyone who has acquired money or property through an unlawful practice under the law. The Arizona Court of Appeals has found that a consumer needs to show a false promise or misrepresentation made in connection with the sale or advertisement of merchandise and the consumer’s consequent and proximate injury. As the federal court in Arizona has explained, remedies under the consumer protection law consist of actual damages caused by the unlawful act or practice. Punitive damages may be available when the defendant’s conduct was wanton or reckless, showed ill will, or demonstrated a reckless indifference to the interests of others.

Arkansas Consumer Protection Law

Unlawful practices: Arkansas Code Section 4-88-107
Private right of action: Section 4-88-113
Pre-suit notice required: No
Class actions in state court: Generally no

A consumer who suffers an actual financial loss due to their reliance on an unlawful practice under the consumer protection law may recover their actual financial losses caused by the offense or violation. They must prove individually that they suffered an actual financial loss proximately caused by their reliance on the unlawful practice. A court may award a reasonable attorney’s fee as well. The statute does not discuss punitive damages.

California Consumer Protection Law

Unlawful practices: California Civil Code Section 1770
Private right of action: Section 1780
Pre-suit notice required: Yes
Class actions in state court: Yes

A consumer who suffers any damage due to the use of a method, act, or practice that is prohibited under Section 1770 may recover actual damages, an injunction against the unlawful conduct, restitution of property, punitive damages, and any other relief that the court finds proper. The court also will award court costs and attorney’s fees to a prevailing plaintiff.

Meanwhile, California Business and Professions Code Section 17200 prohibits unfair competition and defines that term broadly to include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, among other misconduct. Under Section 17204, a person who has suffered an “injury in fact” and has lost money or property due to the unfair competition (as defined above) may pursue an injunction against the misconduct. Pre-suit notice is not required, and class actions are allowed. However, damages are not available under this law.

Colorado Consumer Protection Law

Unlawful practices: Colorado Code Section 6-1-105
Private right of action: Section 6-1-113
Pre-suit notice required: No
Class actions in state court: Not if seeking statutory remedies

A consumer bringing a private civil action based on a deceptive trade practice may be able to recover the amount of actual damages sustained, or $500 if that is greater. They also may be able to recover three times the amount of actual damages sustained if they can establish by clear and convincing evidence that the defendant engaged in bad-faith conduct. Bad-faith conduct involves fraudulent, willful, knowing, or intentional conduct that causes harm. A court also may award reasonable attorney fees and litigation costs.

Connecticut Consumer Protection Law

Unlawful practices: Connecticut General Statutes Section 42-110b
Private right of action: Section 42-110g
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers any ascertainable loss of money or property due to a prohibited method, act, or practice may recover actual damages by bringing an action in the appropriate judicial district. The court also has the discretion to award punitive damages and provide equitable relief that is necessary or proper. A plaintiff does not need to prove a public interest or public injury. A court also may award costs and reasonable attorney’s fees.

Delaware Consumer Protection Law

Unlawful practices: 6 Delaware Code Section 2513
Private right of action: Section 2525
Pre-suit notice required: No
Class actions in state court: Yes

The Delaware Supreme Court has explained that state law recognizes two measures of damages for violations of the Consumer Fraud Act. The plaintiff may recover the difference between the actual and the represented values of the object of the transaction, or they may recover the difference between what they paid and the actual value of the item. While the first method is meant to put the plaintiff in the same financial position as if the defendant’s representations had been true, the second method is meant to restore the plaintiff to their financial position before the transaction occurred. In addition, a plaintiff may recover punitive damages under the Consumer Fraud Act if the fraud is gross, oppressive, or aggravated, or if it involves a breach of trust or confidence. Attorney’s fees are not available.

Florida Consumer Protection Law

Unlawful practices: Florida Statutes Section 501.204
Private right of action: Section 501.211
Pre-suit notice required: Generally not (but required for auto dealers)
Class actions in state court: Yes

Anyone affected by a violation of the consumer protection law can bring an action to get a declaratory judgment that an act or practice violates the law and to get an injunction against a violation or a likely violation. Moreover, a person who has suffered a loss due to a violation of the consumer protection law can recover actual damages, attorney’s fees, and court costs. The statute does not discuss punitive damages.

Georgia Consumer Protection Law

Unlawful practices: Georgia Code Section 10-1-393
Private right of action: Section 10-1-399
Pre-suit notice required: Yes
Class actions in state court: No

A person who suffers injury or damages due to a violation of the consumer protection law may bring an individual action against the person or persons engaged in such violations. They may seek injunctive relief and the recovery of general and exemplary (punitive) damages. However, exemplary damages may be awarded only for intentional violations. A court also generally will award three times the actual damages for an intentional violation.

Hawaii Consumer Protection Law

Unlawful practices: Hawaii Revised Statutes Section 480-2
Private right of action: Section 480-13
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who is harmed by an unfair or deceptive act or practice prohibited by the consumer protection law may sue for damages that they have sustained. They will be awarded no less than $1,000 or treble damages, whichever is greater, in addition to reasonable attorney’s fees and litigation costs. Special rules apply to elderly consumers. In addition, a consumer may bring a proceeding to get an injunction against the unlawful practice. They will be awarded reasonable attorney’s fees and litigation costs in this type of action as well.

Idaho Consumer Protection Law

Unlawful practices: Idaho Code Section 48-603; Section 48-603C
Private right of action: Section 48-608
Pre-suit notice required: No
Class actions in state court: Yes (although damages are limited)

A person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property due to an unlawful method, act, or practice may bring an action to recover actual damages, or $1,000 if that is greater. They also may seek restitution, an injunction against the unlawful methods, acts, or practices, and any other appropriate relief that the court finds to be just and necessary. The court also has the discretion to award punitive damages and provide equitable relief that it finds necessary or proper for repeated or flagrant violations.

IIllinois Consumer Protection Law

Unlawful practices: 815 Illinois Compiled Statutes Section 505/2
Private right of action: Section 505/10a
Pre-suit notice required: No
Class actions in state court: Yes

A person who suffers actual damage due to a violation of the consumer protection law may bring an action against the violator and may recover actual economic damages or any other relief that the court finds proper, potentially including punitive damages. Certain specific rules apply to car dealers. A court also may grant an injunction when appropriate and may award reasonable attorney’s fees and costs.

Indiana Consumer Protection Law

Unlawful practices: Indiana Code Section 24-5-0.5-3; Section 24-5-0.5-10
Private right of action: Section 24-5-0.5-4
Pre-suit notice required: Yes, unless deceptive act is “incurable”
Class actions in state court: Yes

A person relying on an “uncured or incurable deceptive act” may bring an action for the damages actually suffered as a consumer as a result of the deceptive act, or $500 if that is greater. The court may increase damages for a willful and deceptive act to three times the actual damages of the consumer suffering the loss, or $1,000 if that is greater. The court also may award reasonable attorney fees to the prevailing party. The statute describes a handful of situations to which this right of action does not apply.

Iowa Consumer Protection Law

Unlawful practices: Iowa Code Section 714H.3
Private right of action: Section 714H.5
Pre-suit notice required: No
Class actions in state court: Yes (attorney general must approve, but approval must be granted unless lawsuit is frivolous)

A consumer who suffers an ascertainable loss of money or property due to a prohibited practice or act may recover actual damages. The court also may order equitable relief that is necessary to protect the public from further violations, such as temporary or permanent injunctions. If the consumer is awarded actual damages for a violation, the court will award litigation costs to the consumer and reasonable fees to their attorney. While a claim generally must be proved only by a preponderance of the evidence, statutory damages in an amount up to three times the amount of actual damages may be awarded to a consumer if the fact finder finds by a preponderance of clear, convincing, and satisfactory evidence that a prohibited practice or act showed a willful and wanton disregard for the rights or safety of another person. Section 714H.4 identifies several types of entities that cannot be sued through this private right of action.

Kansas Consumer Protection Law

Unlawful practices: Kansas Statutes Section 50-626; Section 50-627
Private right of action: Section 50-634
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who has been harmed by an alleged violation of the consumer protection law may bring an action to get a declaratory judgment that an act or practice violates the law, or to get an injunction or a restraining order against a defendant that has violated, is violating, or is likely to violate the law. Moreover, a consumer may recover damages or a civil penalty of $10,000 per violation, whichever is greater. A court also may award reasonable attorney fees. Distinctive rules apply to remedies in class actions.

Kentucky Consumer Protection Law

Unlawful practices: Kentucky Revised Statutes Section 367.170
Private right of action: Section 367.220
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers any ascertainable loss of money or property due to a violation of the consumer protection law may bring an action to recover actual damages. The court also may provide equitable relief that it finds necessary or proper. While the statute does not specify rules for punitive damages, it provides that it does not limit a person’s right to seek punitive damages when appropriate. The court also may award reasonable attorney’s fees and costs.

Louisiana Consumer Protection Law

Unlawful practices: Louisiana Revised Statutes Section 51:1405
Private right of action: Section 51:1409
Pre-suit notice required: No
Class actions in state court: No

A consumer who suffers any ascertainable loss of money or movable property due to an unlawful practice under the consumer protection law may bring an action for actual damages. The court also will award reasonable attorney fees and litigation costs if it awards damages. If the court finds that the unlawful practice was knowingly used after being put on notice by the attorney general, the court will award three times the actual damages.

Maine Consumer Protection Law

Unlawful practices: 5 Maine Revised Statutes Section 207
Private right of action: Section 213
Pre-suit notice required: Yes
Class actions in state court: Yes

A consumer who suffers any loss of money or property due to an unlawful method, act, or practice under the consumer protection law or its implementing regulations may bring an action for actual damages and restitution, as well as any other equitable relief that the court finds to be necessary and proper, such as an injunction. Also, if the court finds a violation of the consumer protection law, the plaintiff will be awarded reasonable attorney’s fees and litigation costs. The statute does not discuss punitive damages.

Maryland Consumer Protection Law

Unlawful practices: Maryland Commercial Law Code Section 13-303
Private right of action: Section 13-408
Pre-suit notice required: No
Class actions in state court: Yes

Any person may bring an action to recover damages for injury or loss that they sustained as a result of an unlawful practice under the consumer protection law. If they are awarded damages, they also may seek reasonable attorney’s fees. The statute does not discuss punitive damages.

Massachusetts Consumer Protection Law

Unlawful practices: Massachusetts General Laws Chapter 93a Section 2
Private right of action: Chapter 93a Section 9
Pre-suit notice required: Generally yes
Class actions in state court: Yes

A consumer who has been harmed by the use of an unlawful method, act, or practice under the consumer protection law or its implementing regulations may bring an action for damages, as well as any equitable relief that the court finds necessary and proper, such as an injunction. In general, a consumer may recover their actual damages, or $25 if that is greater. However, a consumer may recover 2-3 times that amount if the court finds that the use of the act or practice was a willful or knowing violation.

Michigan Consumer Protection Law

Unlawful practices: Michigan Compiled Laws Section 445.903
Private right of action: Section 445.911
Pre-suit notice required: No
Class actions in state court: Yes

A consumer may bring an action to get a declaratory judgment that a method, act, or practice is unlawful under the consumer protection law, or to get an injunction against someone who is engaging or is about to engage in a method, act, or practice that is unlawful under the consumer protection law. Moreover, a consumer who suffers a loss as a result of a violation of the consumer protection law may bring an action to recover actual damages, or $250 if that is greater, as well as reasonable attorney fees. The statute does not discuss punitive damages.

Minnesota Consumer Protection Law

Unlawful practices: Minnesota Statutes Section 325F.69
Private right of action: Section 8.31
Pre-suit notice required: No
Class actions in state court: Yes

Any person who has been harmed by a violation of the consumer protection law may bring an action to recover damages and receive equitable relief. The court also may award costs and disbursements, including the costs of investigation and reasonable attorney’s fees. The statute does not discuss punitive damages.

Mississippi Consumer Protection Law

Unlawful practices: Mississippi Code Section 75-24-5
Private right of action: Section 75-24-15
Pre-suit notice required: Yes
Class actions in state court: No

A consumer who suffers an ascertainable loss of money or property due to the use of a method, act, or practice prohibited by the consumer protection law may bring an action to recover their loss of money or damages for the loss of their property. A plaintiff first must have made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General. The statute does not discuss punitive damages.

Missouri Consumer Protection Law

Unlawful practices: Missouri Revised Statutes Section 407.020
Private right of action: Section 407.025
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers an ascertainable loss of money or property due to the use of a method, act, or practice that is prohibited under the consumer protection law may bring a private civil action to recover actual damages. The court also has the discretion to award punitive damages, award attorney’s fees based on the amount of time reasonably expended, and provide any equitable relief that it finds necessary or proper to protect the plaintiff from the unlawful methods, acts, or practices.

Montana Consumer Protection Law

Unlawful practices: Montana Code Section 30-14-103
Private right of action: Section 30-14-133
Pre-suit notice required: No
Class actions in state court: No

A consumer who suffers an ascertainable loss of money or property due to the use of a method, act, or practice that is prohibited under the consumer protection law may bring an action to recover damages in the amount of their ascertainable loss of money or property, or $500 if that is greater. The court may not award punitive damages, but it has the discretion to award up to three times the money damages in the amount of any ascertainable loss of money or property if the actual damages are no greater than $100,000. The court also may provide any equitable relief that it finds necessary or proper.

Nebraska Consumer Protection Law

Unlawful practices: Nebraska Revised Statutes Section 59-1602
Private right of action: Section 59-1609
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who has suffered a loss due to a violation of the consumer protection law may bring an action to get an injunction against further violations and recover the actual damages that they have sustained. They also may recover litigation costs and a reasonable attorney’s fee. The court has the discretion to increase the damages award to an amount that is reasonably related to the actual damages that have been sustained and that are not susceptible of measurement by ordinary pecuniary standards, but this increased award is capped at $1,000.

Nevada Consumer Protection Law

Unlawful practices: Nevada Revised Statutes Section 598.0915 et seq.
Private right of action: Section 41.600
Pre-suit notice required: No
Class actions in state court: Yes

Any person who is a victim of a violation of the consumer protection law or related Nevada laws (listed in Section 41.600) may bring a claim for any damages that they have sustained. They also may obtain any equitable relief that the court finds appropriate, as well as their litigation costs and reasonable attorney’s fees. The statute does not discuss punitive damages.

New Hampshire Consumer Protection Law

Unlawful practices: New Hampshire Revised Statutes Section 358-A:2
Private right of action: Section 358-A:10
Pre-suit notice required: No
Class actions in state court: Yes

A consumer harmed by the use of a method, act, or practice prohibited by the consumer protection law can bring an action for damages and for any equitable relief that the court finds necessary and proper, such as an injunction. They generally can recover actual damages, or $1,000 if that is greater. However, they can recover 2-3 times this amount if the court finds that the violation was willful or knowing. A plaintiff also can recover litigation costs and reasonable attorney’s fees. Section 358-A:10-a provides distinctive rules for class actions.

New Jersey Consumer Protection Law

Unlawful practices: New Jersey Revised Statutes Section 56:8-2
Private right of action: Section 56:8-19
Pre-suit notice required: No
Class actions in state court: Yes

A person who suffers an ascertainable loss of money or property due to the use of an unlawful method, act, or practice under the consumer protection law may bring an action or assert a counterclaim on that basis. The court will award triple the damages sustained by any person in interest, in addition to any other appropriate legal or equitable relief. The court also will award reasonable attorneys’ fees, filing fees, and litigation costs.

New Mexico Consumer Protection Law

Unlawful practices: New Mexico Statutes Section 57-12-3
Private right of action: Section 57-12-10
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers a loss of money or property due to the use of an unlawful method, act, or practice under the consumer protection law may bring an action to recover actual damages, or $100 if that is greater. They may receive up to three times their actual damages, or $300 if that is greater, if the party charged with an unfair, deceptive, or unconscionable trade practice willfully engaged in the trade practice. In addition, the court will award attorney fees and costs to a prevailing plaintiff.

New York Consumer Protection Law

Unlawful practices: New York General Business Law Section 349 (deceptive acts and practices); Section 350 (false advertising)
Private right of action: Section 349; Section 350-E
Pre-suit notice required: No
Class actions in state court: Yes

In general, a consumer who has been harmed by a deceptive act or practice may bring an action to get an injunction against the act or practice and to recover their actual damages, or $50 if that is greater. If the court finds that the defendant willfully or knowingly violated the law against deceptive acts and practices, it may increase the damages award to an amount no greater than three times the actual damages, up to $1,000. The court also may award reasonable attorney’s fees to a prevailing plaintiff.

The law specific to false advertising provides that a consumer who has been harmed by a violation of that law may bring an action to get an injunction against the unlawful act or practice and to recover their actual damages, or $500 if that is greater. If the court finds that the defendant willfully or knowingly violated the law against false advertising, it may increase the damages award to an amount no greater than three times the actual damages, up to $10,000. The court also may award reasonable attorney’s fees to a prevailing plaintiff.

North Carolina Consumer Protection Law

Unlawful practices: North Carolina General Statutes Section 75-1.1
Private right of action: Section 75-16
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who has been harmed due to a violation of the consumer protection law has a right of action and can pursue damages. If damages are assessed, the court will render a judgment for three times the amount fixed by the verdict. In addition, the judge has the discretion to allow a reasonable attorney fee to the attorney representing the plaintiff upon a finding that the defendant willfully engaged in the act or practice, and there was an unwarranted refusal by the defendant to fully resolve the matter that forms the basis of the action.

North Dakota Consumer Protection Law

Unlawful practices: North Dakota Century Code Section 51-15-02
Private right of action: Section 51-15-09
Pre-suit notice required: No
Class actions in state court: Yes

A consumer may bring a claim against anyone who acquired money or property by means of a practice declared to be unlawful under the consumer protection law. If the court finds that the defendant knowingly committed the conduct, the court may order that the plaintiff recover up to three times their actual damages, and the court must order that they recover costs, disbursements, and actual reasonable attorney’s fees.

Ohio Consumer Protection Law

Unlawful practices: Ohio Revised Code Section 1345.02; Section 1345.03; Section 1345.031
Private right of action: Section 1345.09
Pre-suit notice required: No
Class actions in state court: Yes (although some restrictions apply to remedies)

The cause of action based on a violation of the consumer protection law allows a consumer to rescind the transaction or recover their actual economic damages, plus up to $5,000 in non-economic damages. If the violation was an act or practice that was declared to be deceptive or unconscionable by an administrative rule implementing the consumer protection law before the transaction at issue, or an act or practice determined by an Ohio state court to violate the consumer protection law in a decision made available for public inspection before the violation, the consumer may rescind the transaction or recover three times the amount of their actual economic damages (or $200 if that is greater), plus up to $5,000 in non-economic damages. (Actual economic damages are defined as damages for direct, incidental, or consequential pecuniary losses resulting from a violation.)

A consumer also may seek a declaratory judgment, an injunction, or other appropriate relief against a violation. In addition, the court may award a reasonable attorney’s fee limited to the work reasonably performed if the violation was knowing.

Oklahoma Consumer Protection Law

Unlawful practices: 15 Oklahoma Statutes Section 753
Private right of action: Section 761.1
Pre-suit notice required: No
Class actions in state court: Yes

Committing an act or practice that violates the consumer protection law will make the violator liable to the aggrieved consumer for actual damages that they sustained, in addition to litigation costs and reasonable attorney’s fees. Committing an act or practice that not only is a violation of the consumer protection law but also is found to be unconscionable will make the violator liable to the aggrieved customer for the payment of a civil penalty in the amount of up to $2,000 per violation. Section 761.1 lists factors for a court to consider when deciding whether an act or practice is unconscionable.

Oregon Consumer Protection Law

Unlawful practices: Oregon Revised Statutes Section 646.607; Section 646.608
Private right of action: Section 646.638 (applies only to violations of Section 646.608)
Pre-suit notice required: No
Class actions in state court: Yes

A person who suffers an ascertainable loss of money or property due to someone else’s willful use or employment of an unlawful method, act, or practice under Section 646.608 may recover actual damages, or statutory damages of $200 if that is greater. The court or jury also may award punitive damages, and the court may provide any equitable relief that it finds to be necessary or proper. The court may award reasonable attorney fees and costs as well.

Pennsylvania Consumer Protection Law

Unlawful practices: 73 Pennsylvania Statutes Section 201-3
Private right of action: Section 201-9.2
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers an ascertainable loss of money or property due to the use of a method, act, or practice that is unlawful under the consumer protection law may recover actual damages, or $100 if that is greater. The court has the discretion to award up to three times the actual damages sustained (assuming that this is greater than $100) and may provide any additional relief that it finds necessary or proper. In addition, the court may award costs and reasonable attorney fees to the plaintiff.

Rhode Island Consumer Protection Law

Unlawful practices: Rhode Island General Laws Section 6-13.1-2
Private right of action: Section 6-13.1-5.2
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers an ascertainable loss of money or property due to an unlawful method, act, or practice under the consumer protection law may recover actual damages, or $500 if that is greater. The court may award three times the amount of actual damages, and it has the discretion to provide equitable relief that it finds necessary or proper. In addition, the court may award reasonable attorney’s fees and costs to the plaintiff.

South Carolina Consumer Protection Law

Unlawful practices: South Carolina Code of Laws Section 39-5-20
Private right of action: Section 39-5-140
Pre-suit notice required: No
Class actions in state court: No

A person who suffers an ascertainable loss of money or property due to an unfair or deceptive method, act, or practice that is prohibited under the consumer protection law may recover actual damages. If the court finds that a violation occurred, it will award reasonable attorney’s fees and costs to the plaintiff. If the court finds that the violation was willful or knowing, the court will award three times the amount of actual damages and may provide other relief that it finds necessary or proper. A violation is willful when the party committing the violation knew or should have known that their conduct was a violation of the consumer protection law.

South Dakota Consumer Protection Law

Unlawful practices: South Dakota Codified Laws Section 37-24-6
Private right of action: Section 37-24-31
Pre-suit notice required: No
Class actions in state court: Yes

A person who claims to have been adversely affected by an unlawful act or practice under the consumer protection law can bring a civil action to recover actual damages caused by the unlawful act or practice. The statute does not discuss punitive damages or attorney’s fees.

Tennessee Consumer Protection Law

Unlawful practices: Tennessee Code Section 47-18-104
Private right of action: Section 47-18-109
Pre-suit notice required: No
Class actions in state court: No, at least for damages

A person who suffers an ascertainable loss of money or property due to an unfair or deceptive act or practice described in Section 47-18-104(b) and declared to be unlawful by the consumer protection law may recover actual damages. If the court finds that the violation was willful or knowing, the court may award three times the actual damages and may provide other relief that it finds necessary and proper. Section 47-18-109 lists a few factors that the court may consider in deciding whether to award treble damages. (However, the court may not award exemplary or punitive damages for the same practice.) In addition, the court may award reasonable attorney’s fees and costs to the plaintiff if it finds a violation. Meanwhile, anyone affected by a violation of the consumer protection law may bring an action for a declaratory judgment that the act or practice is a violation and an injunction against the person committing the violation.

Texas Consumer Protection Law

Unlawful practices: Texas Business and Commerce Code Section 17.46
Private right of action: Section 17.50
Pre-suit notice required: Yes
Class actions in state court: Yes

A consumer can bring an action if they suffer economic damages or mental anguish based on the use of a false, misleading, or deceptive act or practice that is specifically enumerated in a subdivision of Section 17.46(b) and on which the consumer relied to their detriment.

A prevailing consumer may obtain the amount of economic damages found by the trier of fact, an injunction, orders necessary to restore any money or property acquired in violation of the consumer protection law, and any other relief that the court deems proper. If the trier of fact finds that the defendant acted knowingly, the consumer may recover damages for mental anguish and may be awarded up to three times the amount of economic damages. If the trier of fact finds that the defendant acted intentionally, the consumer may recover damages for mental anguish and may be awarded up to three times the amount of damages for mental anguish and economic damages. Meanwhile, a prevailing consumer will be awarded court costs and reasonable and necessary attorneys’ fees.

Utah Consumer Protection Law

Unlawful practices: Utah Code Section 13-11-4; Section 13-11-5
Private right of action: Section 13-11-9
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers a loss as a result of a violation of the consumer protection law may recover actual damages, or $2,000 if that is greater, and court costs. In addition, the court may award a reasonable attorney’s fee limited to the work reasonably performed. A consumer also may bring an action seeking a declaratory judgment or an injunction. The statute does not discuss punitive damages. Separate rules apply to class actions.

Vermont Consumer Protection Law

Unlawful practices: 9 Vermont Statutes Section 2453
Private right of action: Section 2461
Pre-suit notice required: No
Class actions in state court: Yes

A consumer has a claim if they contract for goods or services in reliance on false or fraudulent representations or practices prohibited by the consumer protection law, or if they sustain damages or injury due to a false or fraudulent representation or practice prohibited by the consumer protection law or its implementing regulations. They may sue for appropriate equitable relief and may also recover the amount of their damages, or the consideration or the value of the consideration given by the consumer. In addition, they may recover reasonable attorney’s fees and exemplary damages no greater than three times the value of the consideration given by the consumer.

Virginia Consumer Protection Law

Unlawful practices: Code of Virginia Section 59.1-200
Private right of action: Section 59.1-204
Pre-suit notice required: No
Class actions in state court: No

Any person who suffers a loss due to a violation of the consumer protection law may recover actual damages, or $500 if that is greater. If the trier of fact finds that the violation was willful, the consumer may be awarded up to three times the actual damages sustained, or $1,000 if that is greater. In addition, a consumer may be awarded reasonable attorneys’ fees and court costs.

Washington Consumer Protection Law

Unlawful practices: Revised Code of Washington Section 19.86.020
Private right of action: Section 19.86.090
Pre-suit notice required: No
Class actions in state court: Yes

A consumer who suffers harm due to a violation of the consumer protection law may bring a civil action in superior court or district court. If they bring an action in superior court, they may get an injunction and recover actual damages, as well as litigation costs and a reasonable attorney’s fee. The court has the discretion to award up to three times the actual damages sustained, but this increased damages award may not be greater than $25,000.

If a consumer brings an action in district court, they may recover their actual damages (up to $100,000) and litigation costs, as well as reasonable attorney’s fees. The court again has the discretion to award up to three times the actual damages sustained, but this increased damages award again may not be greater than $25,000.

Washington, D.C. Consumer Protection Law

Unlawful practices: District of Columbia Code Section 28-3904
Private right of action: Section 28-3905
Pre-suit notice required: No
Class actions in state court: Yes

A consumer may bring a claim in the Superior Court of the District of Columbia and may receive treble damages, or $1,500 per violation if that is greater. They also may recover reasonable attorney’s fees, punitive damages, an injunction against the use of the unlawful trade practice, or any other relief that the court finds proper.

West Virginia Consumer Protection Law

Unlawful practices: West Virginia Code Section 46A-6-104
Private right of action: Section 46A-6-106
Pre-suit notice required: Yes
Class actions in state court: Yes

A consumer who suffers an ascertainable loss of money or property due to the use of a method, act, or practice that is prohibited by the consumer protection law may bring an action to recover actual damages, or $200 if that is greater. However, an award of damages may not be made without proof that the consumer suffered an actual out-of-pocket loss that was proximately caused by a violation. The court has the discretion to provide equitable relief that it finds necessary or proper. A consumer may recover reasonable attorney’s fees and expenses. The statute does not discuss punitive damages.

Wisconsin Consumer Protection Law

Unlawful practices: Wisconsin Statutes Section 100.20; Section 100.18 (false advertising)
Private right of action: Section 100.20(5); Section 100.18(11)(b) (false advertising)
Pre-suit notice required: No
Class actions in state court: Yes

A person who suffers a pecuniary loss because of a violation of an order issued under Section 100.20 will recover twice the amount of their pecuniary loss, as well as costs and a reasonable attorney fee. Meanwhile, a person who suffers a pecuniary loss because of a violation of Section 100.18 (on false advertising) will recover their pecuniary loss, as well as costs and reasonable attorney fees. A person who suffers a pecuniary loss because of a violation of an injunction issued under Section 100.18 will recover twice the amount of their pecuniary loss, as well as costs and reasonable attorney fees.

Wyoming

Unlawful practices: Wyoming Statutes Section 40-12-105
Private right of action: Section 40-12-108
Pre-suit notice required: Yes
Class actions in state court: Yes

A person who relied on an “uncured unlawful deceptive trade practice” (defined by Section 40-12-102) may bring an action for the damages that they have actually suffered as a consumer as a result. The statute does not discuss punitive damages. A related provision describing class actions discusses an award of reasonable attorney’s fees, but these are not mentioned in the provision describing individual actions.

Last reviewed October 2023

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