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”.
According to CACI 4700 to establish this claim the plaintiff must be able to prove all of the following:
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.
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:
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 or practices can be entitled to recover:
In case a senior or disabled plaintiff has suffered 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 be awarded damages in case the defendant:
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