How To Prove A California Unfair and Deceptive Trade Practices Claim

 

How To Prove A California Unfair and Deceptive Trade Practices Claim

 

In California, a claim of Unfair and Deceptive Trade Practices is defined as:

Unfair and Deceptive Trade Practices refers to a set of business practices that are considered unethical, fraudulent, or misleading in a way that harms consumers, competitors, or the marketplace as a whole.

It simply means:

Using unethical methods to gain business.

There are 2 elements of the claim:

  • Element 1. The defendant performed practices that are considered unethical or unjust. Examples of unfair practices include price fixing, false advertising, misrepresentation of products or services, withholding important information, false claims about a product’s performance, hidden fees, or bait-and-switch tactics. The defendant engaged in dishonest actions, like fixing prices, lying about products, hiding important details, or using misleading tactics, which are considered unfair and deceptive practices that harm consumers and violate trade laws.

    Facts that might support this element look like:

    * The defendant engaged in price fixing by coordinating with competitors to set prices above market value, harming consumers and stifling competition.
    * The defendant falsely advertised their product as “the best in the market,” despite having numerous customer complaints about its performance.
    * The defendant misrepresented the warranty terms, leading consumers to believe they had longer coverage than what was actually provided.
    * The defendant withheld critical information about potential side effects of their product, misleading consumers about its safety.
    * The defendant employed bait-and-switch tactics by advertising a low-priced item but then pressuring customers to purchase a more expensive alternative upon arrival.

  • Element 2. The deceptive practice was misleading or had a capacity, likelihood, or tendency to deceive or confuse the public. This means that the misleading action or advertisement was likely to trick or confuse people, making them believe something that isn’t true about a product or service, which can lead to unfair business practices.

    Facts that might support this element look like:

    * The advertisement prominently featured a false claim that the product was “clinically proven” to be effective, despite lacking any scientific evidence to support this assertion.
    * Consumers reported confusion regarding the product’s intended use due to misleading labeling that suggested multiple benefits not substantiated by the manufacturer.
    * A significant number of customers expressed dissatisfaction after purchasing the product, believing it would deliver results based on misleading marketing statements.
    * The company used testimonials from individuals who were not actual users of the product, creating a false impression of its effectiveness.
    * The promotional materials included fine print that contradicted the main claims, which many consumers overlooked, leading to misunderstandings about the product’s capabilities.

(See California Civil Jury Instructions (CACI), No. 3320. California Business and Professions Code Section 17200. Kasky v. Nike, Inc., 45 P. 3d 243 – Cal: Supreme Court 2002. Leoni v. State Bar (1985) 39 Cal.3d 609, 626, 217 Cal.Rptr. 423, 704.)
If you’re in court without a lawyer and plan to assert a Claim of Unfair and Deceptive Trade Practices, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.

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