What exectly is covered under the Unfair and Deceptive Acts and Practices law?
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What exectly is covered under the Unfair and Deceptive Acts and Practices law?
I went and test drove a used car for my brother yesterday. When we got to the car deal he said it was next door at the auto mechanic shop, because the he had them replacing the temperature gauge. As we are waiting the mechanics and dealer are telling me that the engine is in great condition. I take the car for a quick test drive because the dealer tells me there is no gas in the car. It drove nicely, so we put a down payment on the car for my brother. He goes to the dealer this morning and finalizes the paper work. The car dies on his drive home, is he covered by the UDAP laws?
Asked on November 15, 2011 under General Practice, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The Unfair Deceptive Acts and Practices Act deals essentially with unfair business and trade practices of a given business with respect to products and services that it renders. Most states have their own version of this statute. There is a federal statute on the subject.
The purpose of the statute in general is to prohibit unfair and deceptive practices by a business to a consumer. Courts look at what is unfair and deceptive on a case by case basis but in general the test is to determine if the business is acting fairly, honestly, or morally in its business practices with respect to its product or services.
If a business has a practices of deceiving consumers about the quality of car being purchased as being in great condition but there is a pattern that the "great condition cars" had hidden problems known to the dealer, that would be a violation of the Unfair Deceptive Acts and Practices Act.
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