Private right of action in state statutes
Whether a person may bring a civil action under the statute.
Statute-text comparison only, not legal advice. Verify against the current official code.
Found in reviewed text (44)
- Alabama — Any person who commits one or more of the acts or practices declared unlawful under this chapter and thereby causes monetary damage to a consumer... shall be liable to each consumer or other person
- Alaska — Yes, a person who suffers an ascertainable loss may bring a civil action
- California — Any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared to be unlawful by Section 1770 may bring an action against that person
- Colorado — Yes, a person may bring a private civil action for deceptive trade practices, with certain exceptions for class actions and specific violations.
- Connecticut — Yes, any person who suffers any ascertainable loss of money or property as a result of a prohibited practice may bring an action to recover actual damages.
- Delaware — Yes, a private cause of action is available to any victim of a violation of this subchapter.
- District of Columbia — A consumer may bring an action seeking relief from the use of a trade practice in violation of a law of the District.
- Florida — yes
- Georgia — limited
- Hawaii — Yes - a consumer injured by an unfair or deceptive act or practice may sue for damages and injunctive relief
- Idaho — Yes - consumer may bring an action to recover actual damages or $1,000, whichever is greater
- Illinois — Yes, a person who suffers actual damage may bring an action
- Iowa — A consumer who suffers an ascertainable loss of money or property as the result of a prohibited practice or act in violation of this chapter may bring an action at law to recover actual damages.
- Kansas — yes
- Kentucky — Yes, a consumer may sue for actual damages and equitable relief
- Louisiana — Any person who suffers any ascertainable loss of money or movable property... may bring an action individually but not in a representative capacity to recover actual damages.
- Maine — Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property... may bring an action
- Maryland — yes
- Massachusetts — yes
- Michigan — Yes; a person who suffers loss as a result of a violation may bring an action to recover actual damages or $250.00, whichever is greater, plus reasonable attorney fees; also may seek declaratory judgment or injunction
- Minnesota — Yes - a consumer injured by a violation may bring a civil action and recover damages, costs, attorney fees, and equitable relief
- Missouri — Yes - any person who purchases or leases merchandise primarily for personal, family or household purposes and suffers an ascertainable loss may bring a private civil action to recover actual damages
- Montana — Consumer may bring an individual action but not a class action
- Nebraska — Yes - any person injured in business or property may bring a civil action
- Nevada — An action may be brought by any person who is a victim of consumer fraud.
- New Hampshire — Yes - any person injured may bring an action for damages and equitable relief
- New York — Yes, any person injured by a deceptive act or practice may bring an action in their own name
- North Carolina — yes
- North Dakota — yes
- Ohio — yes
- Oklahoma — The aggrieved consumer shall have a private right of action for damages, including but not limited to, costs and attorney's fees.
- Oregon — A person that suffers an ascertainable loss of money or property as a result of another person's willful use or employment of a method, act or practice declared unlawful under ORS 646.608 may bring an individual action
- Pennsylvania — Any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful by section 3 of this act, may bring a private action to recover actual damages or one hundred dollars ($100), whichever is greater.
- Rhode Island — Yes, a person who purchases or leases goods or services primarily for personal, family, or household purposes and suffers an ascertainable loss may bring an action.
- South Carolina — Yes, a person who suffers ascertainable loss may bring an action individually, but not in a representative capacity
- South Dakota — Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by § 37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice.
- Texas — A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish
- Utah — A consumer who suffers loss as a result of a violation of this chapter may bring a class action for the actual damages
- Vermont — yes
- Virginia — Yes, any person who suffers loss as the result of a violation may initiate an action.
- Washington — yes
- West Virginia — yes
- Wisconsin — Yes, a person suffering pecuniary loss may sue.
- Wyoming — A person relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer
Not found or not captured (7)
A missing finding does not establish that the law lacks this provision.