Consumer Class Actions Under the Uniform Deceptive Trade Practices Act

The Uniform Deceptive Trade Practices Act, presently in force in eight states, makes a private injunctive remedy available to "persons likely to be damaged" by misleading advertising, false disparagement, trade symbol infringement and other deceptive trade practices. This article explores the utility of the Uniform Act to individual consumers, and to groups of consumers. The procedural prerequisites of class actions under both the new and old versions of Rule 23 are considered in detail, and it is concluded that consumer class actions under the Uniform Act can provide an effective remedy for widespread and systematic consumer protection.