Consumer Protection

Advertising that is likely to mislead a reasonable consumer generally violates California’s consumer protection laws. Misrepresenting the characteristics, benefits, price, or origin of a good or service is false advertising. California consumer protection statutes prohibit not only false statements of fact, but also deceptive half-truths and omissions. As Benjamin Franklin put it, “Half the Truth is often a great Lie.” Leaving out certain key details deprives potential buyers of a complete picture of the product or service, and therefore may be an unlawful deceptive business practice. Examples of false advertising include hidden fees that change the true cost, undisclosed recurring subscription renewals, bait-and-switch ads that use a low-priced item that turn out to be out of stock, and bold ads making broad claims that are contradicted by the fine print.

Companies that don’t keep their promises to consumers may be liable for breach of contract. California law protects both the express promises set forth in a contract as well the promises implied by the duty of good faith and fair dealing. This duty requires upholding the spirit of the agreement and not doing anything that will interfere with the other party’s right to receive the benefits of the bargain. Examples of breaches of contract include charging unauthorized fees and failing to deliver goods or services as promised.

When consumers use their computers, smart phones, televisions, and other electronic devices, companies routinely collect their sensitive personal information for marketing purposes. Numerous state and federal statutes such as the Electronics Communications Privacy Act (ECPA), the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA), the Cable Act, and the California Consumer Privacy Act (CCPA) protect the privacy interests of consumers in their personal information. Many of these statutes require that companies obtain consent from consumers before collecting, using, or disclosing their personally identifiable information for marketing purposes. We represent consumers whose personal information was collected, used, or disclosed in violation of consumer privacy laws.

The Unfair Competition Law (UCL) protects businesses and consumers against unfair business practices. The UCL prohibits fraudulent, unlawful, or unfair practices in business including deceptive, unfair, misleading, and untrue advertising.

Examples Of Unfair Business Practices

• Harassment related to attempts to collect a debt
• Predatory lending
• Deceptive trade practices
• Banks improperly manipulating the order of transactions to maximize overdraft fees
• Misleading credit card add-on products such as protection plans and credit monitoring
• Charging illegal upfront fees for mortgage or other debt-relief services that were not provided
• Conspiring to fix market prices by discussing prices with competitors
• Failure to honor warranty
• Auto fraud