Unfair Business Practices Litigation in a Nutshell
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Running a thriving and successful business isn’t easy especially since other companies would fight tooth and nail just to get a leg up in the competition. The more successful your business is, the more money you have so it’s no surprise why some companies would resort to unfair business practices just to get ahead.
Consumers and even other business owners who are victimized by such practices can avail of appropriate relief by undergoing an unfair business practices litigation. But before one can file a case, it would be best to understand what constitutes unfair business practices – after all, there is no case if there is no crime.
So here is a rundown of unfair business practices:
• As it is called unfair business practices, it generally covers acts of fraud, misrepresentation, or oppressive and unethical practices committed by businesses against consumers or other businesses.
• The definition of unfair business practices is broad as most courts refuse to narrowly define what constitutes an "unfair business practice” in the interest of justice. However, it has been held that unfair business practices include the following acts:
- Deceptive, untrue or misleading advertising
- Conspiracy to “fix” market prices
- Monopolization of a particular market
- Price discrimination
- Conspiracy to allocate markets or customers
• California specifically has a law that prohibits unfair business practices. Found under Section 17200 of the Business and Professions Code, Unfair Competition Law (UCL) allows public prosecutors and private citizens to file lawsuits against companies who commit unfair business practices against their competitors. In the late 1970s, the law was expanded to protect consumers from any unlawful, unfair or fraudulent business act or practice which would include unfair, deceptive, untrue or misleading advertising.
• Further under this law, even without a client, any can lawyer sue a business for an alleged unfair business practice even if it has been investigated or remedied by the district attorney or a regulatory agency.
Whether you are a consumer or a business owner affected by a company’s unfair business practices, you have the right to seek relief by filing a case in court. If your case wins, you may be awarded compensatory damages, punitive damages, and even attorney’s fees.
ABOUT THE AUTHOR: Mesriani Law Group
Mesriani Law Group is an LA-based law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. Under the helm of its founder, Rodney Mesriani the firm has been successfully representing clients for more than 15 years now.
Copyright Mesriani Law Group
More information about Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
So here is a rundown of unfair business practices:
• As it is called unfair business practices, it generally covers acts of fraud, misrepresentation, or oppressive and unethical practices committed by businesses against consumers or other businesses.
• The definition of unfair business practices is broad as most courts refuse to narrowly define what constitutes an "unfair business practice” in the interest of justice. However, it has been held that unfair business practices include the following acts:
- Deceptive, untrue or misleading advertising
- Conspiracy to “fix” market prices
- Monopolization of a particular market
- Price discrimination
- Conspiracy to allocate markets or customers
• California specifically has a law that prohibits unfair business practices. Found under Section 17200 of the Business and Professions Code, Unfair Competition Law (UCL) allows public prosecutors and private citizens to file lawsuits against companies who commit unfair business practices against their competitors. In the late 1970s, the law was expanded to protect consumers from any unlawful, unfair or fraudulent business act or practice which would include unfair, deceptive, untrue or misleading advertising.
• Further under this law, even without a client, any can lawyer sue a business for an alleged unfair business practice even if it has been investigated or remedied by the district attorney or a regulatory agency.
Whether you are a consumer or a business owner affected by a company’s unfair business practices, you have the right to seek relief by filing a case in court. If your case wins, you may be awarded compensatory damages, punitive damages, and even attorney’s fees.
ABOUT THE AUTHOR: Mesriani Law Group
Mesriani Law Group is an LA-based law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. Under the helm of its founder, Rodney Mesriani the firm has been successfully representing clients for more than 15 years now.
Copyright Mesriani Law Group
More information about Mesriani Law Group
View all articles published by Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
