What are the elements of a consumer fraud claim?

A consumer fraud claim in Oklahoma is made up of four main elements, all of which must be present in order for the plaintiffs (persons bringing the lawsuit) to be successful in their claim. The first element of a consumer fraud claim is that the defendant (the person being sued) engaged in an “unconscionable” act or practice. This essentially means that the defendant’s conduct was so extremely wrong and outrageous that it was completely unfair to the consumer. The second element is that the defendant meant to cause the consumer harm. The plaintiff must be able to show that the defendant was aware of the consequences of their actions and intended to cause injury or loss to the consumer. The third element is that the consumer suffered actual harm. This means that the consumer must have suffered a real tangible loss due to the defendant’s actions. This could be a financial loss, or other type of injury that could not be undone. The fourth and final element is that the consumer’s harm was the result of the defendant’s act or practice. This means that the plaintiff must be able to prove that the defendant’s actions directly caused the consumer’s loss. Together, these four elements make up a consumer fraud claim in Oklahoma. If all of these elements are met, the plaintiff should be successful in their consumer fraud claim.

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What are the elements of a consumer fraud claim?

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