Richard McConnell, Michael Levatino, and Lily Pavy examine the growing use of state unfair and deceptive acts or practices (UDAP) statutes in litigation involving corporate conduct. In their Law360 article, the authors discuss how these laws are increasingly being used to pursue claims beyond traditional consumer protection matters, potentially exposing businesses to significant financial and legal risks. They also explore the implications for defendants and the steps companies can take to evaluate their practices and prepare for this evolving litigation landscape.

Practical steps businesses can take to reduce potential exposure include reviewing advertising and marketing claims, evaluating environmental and other public-facing statements for potential allegations of deception, and assessing compliance practices in light of applicable state laws. By proactively identifying potential vulnerabilities and monitoring developments in UDAP litigation, companies can better prepare for emerging claims and make informed decisions about risk management and litigation strategy.

Read the full article here.