When a business employs unfair or deceptive trade practices, it can take advantage and infringe on the rights of other businesses and customers. You may be able to file a claim against a business, partnership, or individual if you believe they have engaged in unfair and deceptive trade practices.
These claims are very difficult to handle. Because there are so many different forms of unfair and deceptive trade practices, each claim is handled and decided individually. Generally, there are three factors that must be demonstrated in order to recover compensation:
- A business, partnership, or individual used unfair or deceptive trade practices
- The practices were in or affected commerce
- Actual injuries were suffered by the victim as a result of the unfair or deceptive trade practices
There are many different state and federal statues that can affect your claim. There are regulations imposed by the Federal Trade Commission (FTC), the Federal Trade Commission Act (FTCA), and the Hawaii Unfair and Deceptive Trade Practices Act.
Each unfair and deceptive trade practice claim is different. For the most part, if an act is oppressive, immoral, unscrupulous, injurious, or unethical to customers, it is considered to be an unfair or deceptive trade practice. Some practices that have been found to be unfair or deceptive in the past include:
- Advertising that has a tendency to mislead the consumer
- Commercial fraud
- Commercial misrepresentation
- Overcharging customers
- Slandering another business’ product
Hawaii law allows courts to award treble damages, which means the amount of compensation you receive through your claim is tripled. Contact Philip R. Brown online or call our office in Honolulu, Hawaii at (808) 523-5900 today to schedule a free initial consultation.