The California Consumers Legal Remedies Act (CLRA) was passed with overwhelming support and signed by Governor Ronald Regan in 1970. It provides broad consumer protection against false and misleading advertising and other unfair business practices, and it allows allegedly affected consumers to bring lawsuits to seek damages after they have relied on such advertising. The controlling statute can be found at section 1770 of the California Civil Code. Additionally, it lists 25 different unfair methods of competition or deceptive acts or practices that are unlawful. Here are just a few examples of them:
- Passing off goods or services as those of another.
- Misrepresenting the affiliation, connection, association with or certification by another.
- Using deceptive representations or designation of geographic origin in connection with goods or services.
- Advertising goods or services with intent not to sell them as advertised.
- Advising that a part, replacement or repair service is needed when it is not.
Eligibility To File and Damages Under the CLRA
Under the CLRA, “an individual who seeks or acquires, by purchase or lease, any goods or services for person, family or household purposes.” Subsequently, any consumer who has allegedly been harmed by conduct contemplated by the CLRA can file a lawsuit against a person or business entity that allegedly deceived him or her. In the alternative, that person might participate in a class action. Also, if an individual consumer is able to prove a case under the CLRA, he or she becomes eligible for damages. Those damages might include the following:
- Actual damages representing the cost paid by the consumer.
- Legal fees and court costs.
- Punitive damages.
- Injunctive relief.
The Prerequisite to Filing an Individual Lawsuit under the CLRA
A consumer who feels that he or she has been misled or deceived by false advertising can’t just go to the local courthouse and file a CLRA lawsuit. Furthermore, as a prerequisite to filing the action, he or she is required to provide the adverse party at least 30 days written notice of the problem by certified mail in order to allow a reasonable time for the adverse party to remedy the problem. The consumer must use due diligence in pursuing the claim.
For example, the statute of limitations for filing a lawsuit under the CLRA is three years after the practice was committed. A CLRA action can be brought after the three-year statute of limitations has expired, but there will be a strong basis for a motion to dismiss. A judge will make a factual determination on whether California’s discovery rule applies. Regardless of any such motion, the CLRA clearly states that it is to be “liberally construed and applied to promote its underlying purposes.”
If you believe that you were a victim of a CLRA violation anywhere in California, contact us at Maison Law at your earliest convenience for a free consultation and case evaluation with our California consumer law attorney. You’ll be listened to carefully, and your questions will be answered. The matter might be resolved with a simple certified letter, or it could turn into a full class action lawsuit. Your best interests as a consumer will be at the forefront of any action that we might take.
Contact a Personal Injury Lawyer
Therefore, after an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice and personalized attention to detail their case deserves.
