Are you a victim of unfair business practices in Los Angeles or other areas in California? An unfair business practice includes deception, fraud, misrepresentation, and unjust actions.
Such unlawful conduct usually occurs against consumers in violation of consumer protection laws. But, they also include unfair competition victimizing other businesses. Let Stone & Sallus LLP unfair business practices lawyers help you get justice.
California Laws Prohibiting Unfair Business Practices
California enacted several laws to protect consumers, businesses, and the public from unlawful business practices. Learn about these laws and how they help you combat predators victimizing consumers and competing businesses.
Unfair Business Practices Act California
California’s unfair business statute appears in the Business & Professions Code section 17200 here. Also called the Unfair Competition Law (UCL) for protecting businesses and consumers from unfair competition. The UCL specifically forbids every “fraudulent, unlawful, or unfair” business practice.
It also forbids deceptive, unfair, misleading, or untrue advertising. This section of the law protects consumers and the general public.
The UCL applies to all types of businesses (corporations, companies, partnerships, firms, associations, organizations, and sole-proprietors) and natural persons.
Injured businesses may make claims based on business conspiracy, fraud, breach of fiduciary duty, tortious interference with contracts, and misappropriation of trade secrets and other proprietary information.
Thus, the UCL protects consumers and the general public from fraudulent or unfair business practices and false advertising. Businesses get protection from other businesses unlawfully harming them.
Let’s explore the major claims victims make under the UCL.
Unfair Business Practices
California businesses cheating or misleading consumers engage in unlawful and unfair business practices. Victims who lose money or property because of these illegal acts may file lawsuits against them.
Unfair Competition Practices
Wrongful acts by businesses injuring other businesses in California come under the jurisdiction of the UCL. The law protects fair competition.
Here’s a list of the most prominent unfair competition practices:
- Conspiring to fix market prices by discussing prices with competitors;
- Price discrimination using dominant industry power to secure favorable and unfair prices;
- Conspiring to boycott a business through communications with other businesses;
- Deceptive trade practices;
- Conspiracy to allocate or divide up markets, territories, or customers;
- Monopolization of territories or markets;
- Violations of do-not-call, do-not-fax, or email unsubscribe requests by the public; and
- Predatory lending including over-charging interest rates.
California prohibits false advertising. It’s illegal to take part in deceptive, false, and misleading advertising. The law covers false advertising in the sale or disposition of real or personal property or services.
Besides false advertising, the UCL prohibits bait and switch tactics and listing false prices attempting to deceive customers.
Unfair Business Practices Remedies
Unfair business practices in California include fraud and misrepresentation and deceptive acts against consumers and other businesses. These involve wrongful acts during the purchase, sale, or rental of properties, goods, and services.
Victims may seek a court injunction to stop unlawful, fraudulent, or unfair business practices. This includes false advertising. Also, victims may seek judicial relief to compensate for money lost or illegally gained by the defendant’s wrongful conduct.
Defendants found guilty of unfair business practices must pay compensatory damages (to compensate for losses) and in some cases punitive (as punishment) damages.
Stone & Sallus provides legal assistance to all victims of unfair business practices.
Unfair Competition Remedies
Judicial relief available to victims of unfair competition includes obtaining an injunction to stop the unfair competitive acts. Also, request other court orders like appointing a receiver to take control of the unfair competition perpetrator’s business.
Besides requesting court orders, victims seek monetary damages and restitution of lost property (real or personal) acquired through unfair competition. In addition, the law allows a civil penalty up to $2,500 for each violation.
Stone & Sallus provides legal assistance to all victims of unfair business competition.
Unfair Business Practices Statute of Limitations in California
The law requires filing a lawsuit within four years from when the act occurred. Lawsuits cannot be filed after the Statute of Limitations expires.
But, some exceptions exist to lengthen the required time for filing a lawsuit. Contact us to see if you still have time to file a lawsuit under the UCL.
How We Help You
At Stone & Sallus our business attorneys help you to understand the laws pertaining to your specific case while creating a legal strategy fitting your particular needs.
As a victim of unfair business practices, we advocate your rights to receive full compensation. These include compensatory damages and punitive damages depending on your circumstances and the court.
Also, the court may award you double damages if the defendant loses and fails to make a reasonable settlement offer during our negotiations.
Contact us if you become a victim of unfair business practices in California. Or, if someone brings such a claim against your business our experienced business practices lawyers will defend you.