California Unfair Business Practices
California law protects both consumers and business from unfair and illegal business practices. Unfair and illegal business practices are major concerns of business competitors, especially with increased competition, and cost reduction measures.
California Law Preventing Unfair Business Practices
Section 17200 of the California Business and Professions Code states that “unfair competition” includes any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any other act prohibited by the Business and Professions Code. This is the most frequently used consumer protection statute, but is also used by business competitors in a wide range of other types of litigation.
The reach of section 17200 is broad and imposing. For example, intent (which is typically a required part of a cause of action) is irrelevant under section 17200, meaning that a plaintiff is not required to show that the defendant actually intended to injure anyone with his/her/its unfair business actions or practices.
Similarly, section 17200 does not exempt specific industries, making it applicable to any “person,” which term is broadly defined as “all natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons.”
Activities that are considered unfair business practices include price fixing between competitors, false advertising, monopolies, boycotting certain businesses, or violating other laws during the ordinary course of business. If your business has fallen victim to such activities, an experienced business lawyer can defend your interests and help you bring an end to such conduct.
Ezer Williamson Law provides a wide range of both transactional and litigation services to individuals and businesses. We have successfully prosecuted and defended various types of business and property claims. Contact us at (310) 277-7747 to see how we can help you with your business law concerns.