This office handles actions brought under the California Law (section 17200) Unfair Practices Act. Section 17200 is also sometimes referred to as the California “Unfair Competition law.”
Section 17200 includes five definitions of unfair competition: an unlawful business act or practice, an unfair business act or practice, a fraudulent business act or practice, unfair, deceptive, untrue or misleading advertising, or any act prohibited by Sections 17500. A “unfair” business practice defines practices that have the tendency to deceive the public. An “unlawful” practice is anything that violates any statute, regulation, or rule. Actual fraud requires a misrepresentation of fact, actual and reasonable reliance, and resulting damages. Under Section 17200, the only requirement is to demonstrate that the public is likely to be deceived.
This law was enacted to safeguard the public against the creation or perpetuation of business monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented.
Unfair Business Practices
An unfair business practice is one that has the tendency to deceive the public or its employees. Unfair Business Practice encompasses wrongfully withheld wages, fraud, unfair competition, misrepresentation, price discrimination and false advertising.
Unfair Business actions may be brought by any aggrieved person acting for the interest of the persons. For example, in the court case of Cortez v. Purolator Air Filtration Products Company, an employee sued their employer under the California Labor Code and the Unfair Practices Act and obtain wrongfully withheld wages due all employees. One of the major advantages for the consumer in such an action, is that the Statute of Limitations may allow suits for events which occurred up to four years prior to the suit.
Contact our office to find out how the law may apply to you.
For a free consultation call 1-855-700-5678