What is the burden of proof for proving deceptive or unfair practices?

In Oklahoma, the burden of proof for proving deceptive or unfair practices is high. Generally, to win a case involving consumer fraud, the plaintiff must demonstrate that the defendant’s conduct was intentional or resulted from reckless disregard of the consumer’s rights. This means showing the defendant knew or should have known that their actions were deceptive or unfair. At the same time, the Oklahoma Consumer Protection Act (OCPA) states that a plaintiff does not need to prove the defendant intended to harm them. Instead, they can establish their case by showing that the defendant was negligent in their action. This could include disregarding safety measures, not properly disclosing risks, or using unfair tactics. In Oklahoma, the burden of proof is even higher when the case involves an individual rather than a business. The plaintiff must prove that the defendant made a promise they knew or should have known they could not keep, or that they sold a product that was not as represented. Ultimately, it is up to the plaintiff to demonstrate to the court that the defendant acted deceitfully or unfairly. If the plaintiff can show that the defendant’s conduct meets the standards of the OCPA, their case may succeed.

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What is the burden of proof for proving deceptive or unfair practices?

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