Consumers Legal Remedies Act (CLRA)

Fighting Back Against Unfair Business Practices: Understanding the Consumers Legal Remedies Act in California

As consumers, we rely on businesses to provide goods and services that are safe, reliable, and most importantly, true. Unfortunately, this isn’t always the case. Deceptive advertising, unfair pricing, and other unscrupulous business practices can leave consumers feeling cheated and frustrated. Fortunately, California law provides strong protections against these unfair practices through the Consumers Legal Remedies Act (CLRA). At KAASS LAW, we’re dedicated to empowering consumers and holding businesses accountable for their actions. The following will explore the CLRA, explaining its purpose, prohibited practices, and how we can help you assert your rights as a consumer.

What is the Consumers Legal Remedies Act?

California Civil Code Section 1750, the California Consumer Legal Remedies Act declares several methods of competition and deceptive or unfair acts and practices undertaken by any person in a transaction intended to result or which results in the lease or sale of goods or services to any consumer.

Unfair business practices covered under the California Consumer Legal Remedies Act include inserting fine print within rebate policies and selling used products under the label of “new.”

Elements of Unfair Competition

According to CACI 4700, to establish this claim, the plaintiff must be able to prove all of the following:

Plaintiff acquired, or sought to acquire, by purchase or lease a product or service for personal, family, or household purposes.
Defendant undertook one of the prohibited actions mentioned in the California Civil Code Section 1770, representing the product or service had characteristics, uses, or benefits that it did not have.
Plaintiff was harmed
The plaintiff’sPlaintiff’s harm resulted from the defendant’s conduct.

The plaintiff’s harm resulted from the defendant’s conduct in case he relied on the defendant’s representation. In order to prove reliance, the plaintiff must only prove that the representation was a substantial factor in his decision.

In case the defendant’s representation of fact was material, reliance can be inferred. A fact is considered material when a reasonable consumer would consider it important in deciding whether to buy or lease the service or good.

List of Prohibited Actions Under California Civil Code Section 1770(A)

California Consumer Legal Remedies Act covers a broad range of unfair business practices, with twenty-four specific unscrupulous acts mentioned within the consumer protection law. Here are the most common business practices covered under CLRA statutes:

Advertising services or products with the aim of not selling them as advertised
Advertising furniture without including the term “unassembled“ if that is the case.
Declaring the need for part replacement or repair service when neither service is needed
Using deceptive advertising practices or representations that make false geographic claims
Using the term “original“ or “new“ when the product was reconditioned, altered, or sold secondhand
Making misleading or false claims against the products made by someone else
Inserting untrue provisions within a contract

Remedies for Violating Consumers Legal Remedies Act Provisions

CLRA doesn’t generally permit plaintiffs to receive monetary awards, but instead, gives them a legal right to seek punitive damages, as well as the restitution of services and property. Defendants can’t recover attorney fees and in usually they pay the fees charged by plaintiff attorneys.

According to California Civil Code Section 1780(a), consumers injured by unfair or deceptive practices can be entitled to recover:

Actual damages
Restitution of property
Punitive damages
An order enjoining such acts, methods, or practices,
Any other relief which the court considers appropriate

In case a senior or disabled plaintiff suffers substantial emotional, physical, or economic damage as a result of the defendant’s conduct, the plaintiff may be awarded additional damages of up to $5,000.

The plaintiff will not award damages in case the defendant:

Can prove that he didn’t intentionally and willfully violate the CLRA provisions
Makes an appropriate correction, replacement, repair, or other remedies for the services and goods.

How KAASS LAW Can Help

Navigating a CLRA claim can be complex, especially when dealing with large corporations or sophisticated businesses. KAASS LAW has extensive experience representing consumers in CLRA cases. We can help you:

Understand your rights: We’ll explain your rights under the CLRA and assess whether your rights have been in violation.
Gather evidence: We’ll help you gather evidence to support your claim, such as contracts, advertisements, and communications with the business.
Negotiate with the business: We’ll attempt to negotiate a fair resolution with the business on your behalf.
File a lawsuit: If necessary, we’ll file a lawsuit and represent you in court to seek the remedies you deserve.

Don’t Let Businesses Take Advantage of You

The CLRA provides strong protections for consumers against unfair and deceptive business practices. If you believe you are a victim of harm from a business that has violated the CLRA, don’t hesitate to contact KAASS LAW. We’re here to help you fight back and protect your rights as a consumer.