What are some common defenses in consumer fraud cases?
Consumer fraud cases are serious civil disputes. People are typically accused of using deceptive practices to earn money from another person or to otherwise take advantage of them. In Washington, there are various defenses available to those accused of consumer fraud. The first defense that people usually cite is that of mistake or misunderstanding. The defendant may claim that the other party was mistaken about their understanding of the agreement, or that they had a misunderstanding of the facts. Both of these can be used as a defense, depending on the specifics of the case. A second defense is the doctrine of reasonable reliance. This means that the defendant, in their decision to engage in the transaction, reasonably relied upon certain facts that turned out to be false. A third defense is that of unconscionability. This is when the transaction is so one-sided that it is generally "shocking to the conscience" of a reasonable person. In such cases, a court may state that the agreement should not be enforced. Another defense is the statute of limitations. This is the time limit for filing a lawsuit. If the action is brought beyond the statute of limitations, then the defendant may be able to get the case dismissed. Finally, the defendant may claim that there is no real damages or harm done by the fraudulent act. This is known as the lack of damages defense. If the court finds that there is no real harm, then the lawsuit may be dismissed. These are just a few of the common defenses in consumer fraud cases. The specific defenses available will depend on the facts of the case and the jurisdiction. It is important to speak to a legal expert in order to better understand what defenses may be available for your particular situation.
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