Until recently, legal principles surrounding unfairness, deception, and abusiveness have been defined primarily at the federal level, yet with perceived federal retrenchment from consumer protection, states have increasingly taken a hard look at their roles in protecting their citizens from unfair, deceptive, or abusive acts or practices (UDAP/UDAAP). Recent legislative changes in Maryland and Arkansas highlight the different approaches states are taking in how they regulate UDAP/UDAAP and through those changes are choosing to either prioritize consumer protection or protect industry from perceived overreach....

- With perceived federal retrenchment from consumer protection, recent legislative changes in two states represent opposite ends of the pro-consumer versus pro-industry approach to state UDAP/UDAAP laws.

- In contrast to Maryland’s efforts to expand consumer protection, Arkansas has taken steps to restrict it.

- As consumer protection shifts to states, the current reality for both consumers and industry may be a state-by-state patchwork approach.

Originally published in The Business Lawyer, Spring 2019, Volume 74, Issue 2.