Courts Are Right To Limit Disclosure Requirements For Cos.

September 1, 2020Law360

Consumer protection laws prohibit not just misrepresentations, but also certain omissions. We all know what makes a misrepresentation actionable: materiality. In other words, a reasonable consumer would rely on it when choosing whether to purchase.

But does the same materiality standard apply to omissions liability? In other words, does a manufacturer violate consumer protection laws merely by failing to disclose something that might affect a reasonable consumer's purchase decision?

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