Feel like you have been a victim of unfair, deceptive or fraudulent business practices? Exercise your rights!
California’s Consumer Legal Remedies Act (CLRA), enacted in 1970 established a nonexclusive (meaning you still may bring suit under other provisions of the law in addition to claims under the CLRA) remedy to protect consumers from unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services.
WHAT ACTS ARE PROHIBITED?
The CLRA sets forth a list of 24 activities defined to be “unlawful.” These acts can occur in many different contexts. One example that happens very frequently is during the process of purchasing a used car. Picture yourself excited and ready to purchase your new vehicle. While looking for the right car you find a car that you like. However, you have a few questions you want to ask the sales agent prior to purchasing your vehicle. The conversation ensues as follows:
Potential Purchaser: Has the vehicle had any prior accidents? Sales Agent: No just a minor fender bender that has been reported in the vehicles Car Max Report. Potential Purchaser: Does the vehicle have a clean title? Sales Agent: Clean as a whistle! Potential Purchaser: Ok, I’ll take it.
Now lets suppose that 2 years after operating the vehicle you are involved in a minor accident. You take the vehicle to the shop to have it repaired. Once your mechanic places the vehicle on the jack he sees that the vehicle has frame damage. The mechanic further tells you that such frame damage cannot be as a result of this accident you were recently involved in.
Under such a scenario you may be entitled to all moneys paid for under the contract to the dealer, which would include any down payment, monthly payments, and interests.
For a full list of “unlawful” acts click here.
WHAT IS MY RECOURSE?
Consumers who suffer any damage as a result of the use or employment by any person of a method, act, or practice declared to be unlawful by the CLRA are entitled to:
- Actual damages, but in no case shall the total award of damages in a class action beless than one thousand dollars ($1000.00).
- An order enjoining (stopping) such methods, acts, or practices.
- Restitution of property. Restitution is the return of property entrusted with another party as a result of the violation, such as money.
- Punitive Damages. This type of damage is to deter the wrongdoer from repeating his/her act in the future.
HOW MUCH TIME DO I HAVE TO BRING MY CLAIM?
Generally consumers have three years from the date of the violation to commence an action.
Having a San Diego Consumer Law Lawyer will equip you to be able to obtain the recovery you deserve and help stop business establishments from continuing to conduct their unlawful practices.
Our firm takes these cases without any upfront costs to you. We recover only if we are able to prevail on your case. Our initial consultations are also free! For your free evaluation call us today and visit our blog for more information.