Home Profile Verdicts and Settlements Articles and Resource Links Contact Us
Injury and Wrongfulu Death
Bad Faith
 

 

CONSUMER FRAUD

This is not intended as a comprehensive overview of the gambit of fraud cases, but in general there are two ways to bring a fraud action, one statutory and the other by common law.

The Arizona Consumer Fraud Act provides: 

“The act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived, or damaged thereby, is declared to be an unlawful practice. 

A.R.S. §44-1522(A). To see the Arizona Recommended Jury Instruction for Consumer Fraud click here

The Consumer Fraud Act provides an injured consumer with an implied private cause of action against a violator of the Act.  Sellinger v. Freeway Mobile Home Sales, Inc., 110 Ariz. 573, 521 P.2d 1119 (1974).  The elements of a private cause of action under the Act are a false promise or misrepresentation made in connection with the sale or advertisement of merchandise and the hearer’s consequent and proximate injury.

For common law fraud, Plaintiff must show the following:

A representation, (2) Its falsity,  (3) Its materiality

 (4) The speaker’s knowledge of its falsity or ignorance of its truth,

(5) The speaker’s intent that it should be acted upon, (6)The hearer’s ignorance of its falsity,  (7)  His reliance on its truth, (8)  His right to rely thereon, and (9) His injury.

To see the Arizona Recommended Jury Instruction for Common Law Fraud click here

 

 
             
             
             
   
             
   
             
   
             
  Additional Comments:  
   
     
   
             
             
             
             
             
             
   
   
   
   
   
   
   
   
   
 
Footer
  Website built by WebStyleAZ WebStyle AZ