In California, the state provides a means for those who have been unfairly treated by a business to seek redress for any damages. Unfair Business Practices Act California provides an avenue for a party to make claims based on business conspiracy, breach of fiduciary duty, misappropriation of trade secrets and other proprietary information, fraud and tortious interference with contracts. The remedy for such claims, if proven, includes recovery for damages and restitution, among other remedies.
Unfair Business Practices Act California
California’s unfair competition law or unfair business statute is found in Business & Professions Code section 17200 (click here). It is referred to Unfair Competition Law or UCL. The UCL protects consumers and businesses from unfair competition gained by any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.
The UCL applies to natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons. Injunctive relief and court orders can be brought against any person who engages, has engaged, or proposes to engage in unfair competition. Such unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use of or employment by any person of any practice that constitutes unfair competition.
Section 17206 – Civil Penalty for Violation of Chapter
When an unfair case is pursued, the court may find it necessary to restore to a person in interest any money or property, real or personal, which may have been acquired by means of the unfair competition. Even a third party may pursue representative claims or relief on behalf of the injured party, however, only if the claimant meets the standing requirements of Section 17206. This section states as follows:
“Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which
shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of 750,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction.”
Unfair Competition Law
It important for businesses to maintain good relationships with their customers and a good reputation so as to avoid unfair business practices claims or litigation. If you are a victim of unfair business practices or if someone has brought an unfair business practices claim against you, you should contact Mr. Gourde. Mr Gourde is qualified to be your counsel in matters of unfair competition. He will advise your business on unfair competition law, including ways to avoid activities or business practices that could be considered risky. If you have any questions about Unfair Business Practices Act California, please contact Mr. Gourde at (949) 825-6525.