A broad legal category covering deceptive, unfair or fraudulent business practices directed at consumers in the sale of goods or services, generally prosecuted or civilly enforced under a state or national consumer protection statute rather than under a single narrow offense definition. In the United States, the Federal Trade Commission enforces the Federal Trade Commission Act's prohibition on unfair or deceptive acts or practices affecting commerce, and every state maintains its own consumer protection or unfair and deceptive trade practices statute, typically enforced by the state attorney general and often allowing a private consumer lawsuit as well. Consumer fraud serves as an umbrella term for conduct that may also be charged under a more specific offense, such as advance-fee fraud, charity fraud, romance scam or odometer fraud, when the particular scheme fits one of those narrower, more precisely defined categories, while a deceptive practice that does not fit an established narrower category is more often prosecuted or enforced simply as consumer fraud.
Facts
Classification CodeSection 5 of the FTC Act, 15 U.S.C. 45(a)(1), declares unfair or deceptive acts or practices in or affecting commerce unlawful 1 Typical PenaltyA party that violates a final FTC cease and desist order faces a civil penalty of up to 10,000 dollars for each violation, with each day of continued violation a separate offense 1 Elements of OffenseAn act or practice is deceptive under the FTC Act when it involves a representation, omission, or practice likely to mislead a consumer acting reasonably, and the misrepresentation is material 2 Notable ExampleIn April 2019 the FTC obtained a 50.1 million dollar settlement against OMICS Publishing Group for deceiving academics and researchers about its publications and hiding publication fees 3 Jurisdiction VariationBeyond federal FTC Act enforcement, consumers may sue under a state unfair, deceptive and abusive practices statute, commonly called a Little FTC Act 2 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
Sources
1. 15 U.S. Code Section 45 (Cornell Law School Legal Information Institute)
subsection (a)(1)
Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
subsection (l)
Any person, partnership, or corporation who violates an order of the Commission after it has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of not more than $10,000 for each violation.
View the Source2. Federal Trade Commission Act of 1914, Wikipedia
Deception standard section
An act or practice is 'deceptive' under the FTC Act when there is a representation, omission or practice that is likely to mislead a consumer acting reasonably in the circumstances.
State law section
Consumers may, however, be authorized to sue under a state 'UDAP' (unfair, deceptive and abusive practices) statute, sometimes called a 'Little FTC Act.'
View the Source3. Federal Trade Commission, Wikipedia
OMICS Publishing Group case sectionQuote, OMICS Publishing Group case section
deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars
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