- Combating Unfair Business Practices
- Unfair Business Practices
- California Unfair Competition Law
- Defenses to a Section 17200 Unfair Competition Law Claim in California
Combating Unfair Business Practices
As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or.and
Nike, Inc. Section is framed in the disjunctive, a business practice need only meet one of the three criteria, unlawful, unfair or fraudulent, to be considered unfair competition. Cel-Tech Communications, Inc. Los Angeles Cellular Telephone Co. The UCL has been applied in bad faith cases to aid in pursuing pattern and practice discovery to fight unfair insurer practices. Although actual damages are not permitted for a claim brought under the UCL and awards are restricted to injunctive relief and restitution, the UCL may also support punitive damages claims and aid in the request for attorney fees. Countrywide Home Loans, Inc.
It can result in liability to consumers and businesses, although the statute limits the types of damages that courts may award. If you are facing this type of claim, you should make sure to understand all of the potentially available defenses. A lack of standing to sue could be the first line of defense in a lawsuit. A plaintiff must file a lawsuit within a defined period of time after the alleged unlawful act or injury occurred. In the case of UCL claims, the statute of limitations is four years. If a plaintiff fails to file within four years, the defendant usually can get the case dismissed.
Unfair Business Practices
Have you or your business suffered from unfair business practices? How businesses and consumers can fight back.
California Unfair Competition Law
In addition to federal laws, each state has its own unfair competition law to prohibit false and misleading advertising. This limitation was in response to the U. Supreme Court's decision in FTC v. In , consumers, not just business competitors, were given the opportunity to sue under the UCL. The UCL confers standing on both private parties and public prosecutors. California's UCL is broadly written. Most false advertising litigation involves definitions four and five listed above because they both specifically prohibit false advertising.
Defenses to a Section 17200 Unfair Competition Law Claim in California