Free Buyer GuidesCalifornia Unfair Business Practices Lawyer
Unfair/Deceptive Business Practices
All consumers are entitled to be treated fairly and honestly, especially when they are making a major purchase like a car. Unfortunately, not all car dealers are as honest as they are required to be, and instances of unfair/deceptive business practices take place more often than they should. Luckily, consumers do have rights, and those rights are protected by the California Consumer Legal Remedies Act.
The California Consumer Legal Remedies Act
Almost all consumer products and services sold leased in California must conform to the Consumer Legal Remedies Act, which prohibits unfair or deceptive business practices. The law sets down 22 specific forbidden practices covering almost every type of fraud and misrepresentation. If you were deceived, intentionally misled or lied to, you are a victim of unfair business practices.
The Consumer Legal Remedies Act labels certain business practices as unfair and/or deceptive to consumers. Some of these deceptive practices are:
- Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.
- Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.
- Representing that a part, replacement, or repair service is needed when it is not.
- Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction.
- Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer.
Consumer Rights
Victims of unfair business practices have a right to sue to get their money back, but they must first ask the company or person they paid for a refund. If they send a certified letter and hear nothing back after 30 days, they may file a lawsuit as long as it's not more than three years after the disputed purchase. In an unfair business practices lawsuit, consumers can recover the money they paid for the fraudulent good or service, any other costs they paid because of the unfair practice, lawyers' fees and any other relief the court decides is necessary. In especially egregious cases, they may be able to recover punitive damages, which punish wrongdoers with stiff fines and seek to deter others from breaking the law.
Contacting an Attorney
When a consumer feels as though they have been the victim of unfair or deceptive business practices, it is imperative that they contact an attorney to ensure that the rights of the vehicle owner are properly restored.
Since 1987, Southern California unfair business practices attorney Howard Silver has focused on protecting consumers from lemon cars, automotive fraud and other types of dishonest and unfair business practices. If you believe you are a victim of consumer fraud, you have rights. Call the Law Offices of Howard D. Silver today for a free half-hour consultation, where you can learn about your rights and have your case evaluated with an experienced eye. Call us today at 1-866-49-LEMON or fill out the confidential online case evaluation form.