Consumers expect and deserve protection from unfair and deceptive business practices when purchasing goods and services. Laws at both the state and federal level ensure that these transactions happen fairly in California. When an individual or business fails to adhere to these rules, the laws also give consumers the ability to seek compensation for their losses.
CaseyGerry has been protecting consumers nationwide for decades. Our attorneys have stood up to individuals and large corporations alike when their actions let people get hurt. To help educate Californians on the laws that protect them as consumers, we have described a few of the laws below. Should you suspect you are the victim of unfair, illegal, or deceptive business practices, we welcome you to call us with no obligation at (619) 238-1811.
California Unfair Competition Law
California’s Unfair Competition Law prohibits “unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” Penalties are imposed for each violation of the law and are based on the following:
- The nature, seriousness, and persistence of the misconduct,
- Number of violations,
- How long the misconduct occurred,
- The willfulness of the business’s misconduct, and
- The business’s assets, liabilities, and net worth.
A person victimized by any of these practices has four years to take civil action. A successful claim, which seeks to stop the act from happening and seek restitution, must prove that the plaintiff has suffered related losses.
Consumer Legal Remedies Act
The Consumer Legal Remedies Act lists unfair and deceptive acts in consumer transactions that are illegal. These acts include the following (and many others):
- Passing off goods or services someone else’s.
- Deceiving consumers as to the geographic origin of goods.
- Misrepresenting used or altered goods as new.
- Misrepresenting a product’s standard or quality.
- Falsely advertising a rebate or discount if it is contingent on something else happening after the transaction.
In short, deceptive practices with the intention of selling goods or services is unlawful in California. Victims can file a claim to obtain damages.
California Warranty Law
The Song-Beverly Consumer Warranty Act governs the obligations of manufacturers’ warranties (both written and implied) of all retail consumer goods sold in California. Every sale of goods at retail must be accompanied by a warranty that says the product is merchantable and fit for the sale and its intended purpose for the buyer. When its products do not comply with a written warranty due to a defect or other issue, a manufacturer must provide service and repair in California or authorize other facilities to fix the issue.
Federal Law Governing Warranties
The Magnuson-Moss Warranty Act establishes nationwide rules regarding consumer product warranties. In part, it establishes the nationwide minimum warranty standards. For example, the warrantor must remedy defects, malfunctions, or other issues that do not comply by the written warranty. If the problem cannot be fixed, the warrantor must offer a refund or replacement without charge.
Taking Action Against Unfair or Illegal Practices
Founded in 1947, CaseyGerry is one of San Diego’s most established plaintiffs’ law firm. Our firm has the seasoned litigators, expert staff, and financial resources to get results when consumers have suffered losses. Our adversaries have included some of the largest and most powerful corporations in the world.
If you feel that you have been cheated, treated unfairly, or you have purchased a product or service that did not conform to representations made by a company, contact us at (619) 238-to schedule a free, no-obligation consultation with an experienced attorney.