The Federal Trade Commission (FTC) enforces the FTC Act, the main federal law that prohibits businesses from behaving in an unfair or deceptive manner. In addition, there are similar state laws that are subject to private enforcement and are upheld by various consumer protection offices and by the state Attorney Generals.
Pastor Law Office has a deep understanding of FTC guidance as it pertains to unfair or deceptive practices. Whether the Pastor team is working to resolve an unfair banking or credit card practice or sees a deception with regard to a home improvement service or product warranty, the firm carefully evaluates whether the potential case can pass the FTC litmus test.
With regard to considering whether a valid unfair practices claim exists, Pastor Law Office asks questions similar to those considered by the FTC:
- Does the practice fall within some established concept or common understanding of unfairness?
- Is the practice immoral, unethical or unscrupulous?
- Does the practice cause (or has it caused) substantial injury to consumers?
Pastor Law Office also asks the following questions when considering the merits of a deceptive practices claim:
- Does the representation, omission or practice have the tendency or capacity to mislead consumers? Is it likely to mislead consumers?
- Does the practice cause consumers to act in a way that they would otherwise not have acted (such as by purchasing a particular product or service)?
- Is the representation or omission material to consumers’ purchasing decisions?
Does the practice cause, or has it caused injury to consumers (such as by causing them to overpay for a product or service or by causing them to pay fees or charges that they should not have to pay)?
Pastor Law Office is committed to enforcing consumer protection laws. If you believe that you may have been a victim, or if you want more information, please inquire about a free evaluation so we can promptly review and discuss your case. You can also use our class action checklist as a helpful guide.
One of our current Unfair/Deceptive Practices cases involves actions against various banks:
Kinsella/Cohen v. Seaport Apartments LLC
Pastor Law Office challenged the collection of amenity fees,and pet fees from residential tenants by Massachusetts landlords, where these fees are alleged to be in violation of Massachusetts law.
The case has been settled, with a settlement fund sufficient to refund all of the amenity fees paid by class members, plus a portion of the pet fees paid by the class.