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Unfair trade practices harm both consumers and businesses. To protect consumers, the Federal Trade Commission (FTC) enforces laws that stop unfair, deceptive, and fraudulent business practices. To help businesses stay competitive, the FTC also prohibits unfair methods of competition.

Many deceptive corporate behaviors are referred to as “unfair trade practices.” Unfair business practices include misrepresentation, fraudulent advertising or portrayal of a good or service, tied selling, bogus free-gift or prize offers, deceptive pricing, and failure to adhere to manufacturing regulations. 

Such conduct is prohibited by the Consumer Protection Law, which also provides customers with punitive damages or compensation as a method of relief. Other terms for unfair trade practices are unfair business practices and deceptive commercial practices.

Businesses are thought to be involved in unfair trade practices when they utilize dishonest, dishonest, or other unethical strategies to gain an advantage or profit.

Consumer protection laws and Section 5(a) of the FTC Act safeguard consumers from dishonest corporate practices.

Awareness of Unethical Business Practices

Unfair commercial practices are frequently used in rental agreements, insurance claims and settlements, consumer purchases of goods and services, debt collection, and other circumstances. 

In the 1960s and 1970s, the majority of state laws that prohibit deceptive commercial practices were first passed. Since then, several states have established laws that forbid deceptive marketing techniques.

Consumers can check the state’s laws against unfair business practices to discover if they have a claim after being affected.

Unfair commercial practices are frequently used in rental agreements, insurance claims and settlements, consumer purchases of goods and services, debt collection, and other circumstances.

Unfair business practices in the United States are addressed under Section 5(a) of the Federal Commercial Commission Act, which outlaws “unfair or deceptive behavior or practices in or affecting commerce.” 

All parties participating in commerce, including banks, are protected from unfair commercial practices, which can be categorized as unfair, misleading, or both. The following are the lists of unfair and misleading acts that are prohibited:

Unfair Methods

When one of the following situations applies, an action is unfair:

  • Customers likely experience severe harm as a result.
  • Customers are unable to avoid it successfully.
  • Consumer benefits or competitive advantages do not outweigh them.

Manufactured Assertions

A conduct is deceitful if it fulfills one of the following descriptions:

  • The consumer is purposely or impossibly misled by a statement, omission, or action.
  • A reasonable client would evaluate the representation, omission, or action in light of the circumstances.
  • It matters that the assertion, action, or omission was false.


Federal Trade Commission Act’s Section 5 prohibits unfair or deceptive conduct in or affecting commerce (15 USC 45). This prohibition applies to all businesspeople, including banks. When unfair or deceptive conduct or practices are found, the Board is empowered to take the required steps in line with section 8 of the Federal Deposit Insurance Act.

In a joint statement released in 2004, the Board and the Federal Deposit Insurance Corporation stressed their respective roles in upholding the law against unfair or deceptive action regarding state-chartered banks.

This declaration, which serves as an appendix to this chapter, lays forth the essential standards that state-chartered banks must follow to prevent participating in unfair or misleading acts or practices. 

There is also a thorough explanation of the legal requirements for unfair and misleading conduct and practices. Risk management for unfair or dishonest activities or practices is also covered.

Seeking Legal Assistance 

Unfair trade practices litigation in Birmingham, AL, is a process through which businesses can file lawsuits against other businesses that they believe are engaging in unfair or deceptive trade practices. 

This type of litigation can protect businesses from unfair competition and recover damages that unfair trade practices have caused. If you believe that another business’s unfair trade practices have harmed your business, you should consult an experienced business attorney to discuss your legal options.


Unfair trade practices are any business activities intended to deceive or mislead consumers. There are many unfair trade practices, but some of the most common include false advertising, bait-and-switch tactics, and misleading pricing. While some of these practices may seem harmless, they can lead to serious financial harm for consumers. It’s important to be aware of these practices to avoid them. If you think you’ve been the victim of an unfair trade practice, you should contact an experienced attorney at law in Birmingham, AL, who can help you better understand your rights and options.

More than 75 years of collective legal experience may be found among the attorneys at McCallum, Hoaglund & McCallum, LLP. We zealously seek justice for our clients in state and federal courts from our office in Birmingham, Alabama, in a range of practice areas, including complex business litigation, medical malpractice defense, insurance defense, and products liability, as well as commercial litigation, construction law, securities and contracts litigation, employment litigation, and more. Contact an attorney at law in Birmingham, AL, today!