The Unfair Competition Law
- empowering consumers with the means to get their money back
Under the UCL, you must prove: 1) there is a business practice that is either unfair, unlawful, or fraudulent; and 2) that you suffered injury.
unlawful practices include:
- Violation of California Labor Code rules as to non-California residents sent to California for a certain amount of time can be the basis of a UCL claim. See Sullivan v. Oracle Corp., 51 Cal. 4th 1191 (2011).
- Failure to provide notice of the right to select a repair shop in violation of California Insurance Code section 758.5 can be the basis for a UCL claim. See Hughes v. Progressive Direct Ins. Co., 196 Cal. App. 4th 754 (2011) (review granted).
- Non-compete agreements violate California law and can be the basis for a UCL claim. See Dowell v. Biosense Webster, Inc., 179 Cal. App. 4th 564 (2009).
- Products represented as "made in the USA" when some or component parts were not made in the USA. Consumers lost money because they bought a product that they thought was made in the USA but wasn't. See Kwikset Corp. v. Super. Ct., 51 Cal.4th 310, 325 (2011).
- Wages earned but unpaid constitute injury in fact. See Pineda v. Bank of America, N.A., 50 Cal.4th 1389 (2010).
- restitution - recovering what was lost.
- injunctive relief - an order to prevent future unfair, unlawful, or fraudulent acts.
- attorney fees - recoverable under the California Private Attorney General Act. See Walker v. Countrywide Home Loans, Inc., 98 Cal. App. 4th 1158, 1179 (2002).