| Unfair competition refers to illegal commercial activity | | | | laws and regulations existing at the various levels of |
| ranging from trademark infringement to false | | | | government including, state statutes, state regulations, |
| advertising. | | | | local ordinances, prior case law and standard of |
| As any other state, California has formulated its own | | | | professional conduct. |
| law, the California Unfair Competition Law to protect | | | | How to plead an unlawful claim |
| the business sector and its consumer. | | | | For a party to successfully file a claim under section |
| The California Unfair Competition Law defined this illicit | | | | 17200 based on unlawful business act or practice it is |
| performance as: | | | | necessary that he allege or show sufficient facts of |
| • Any unlawful business act or practice | | | | the violation of the law. Failure of a party to show |
| • Unfair business act or practice | | | | supporting evidence would affect the legality of the |
| • Fraudulent business act or practice | | | | claim. |
| • Unfair deceptive, untrue or misleading advertising | | | | How to plead an unfair business practice |
| and | | | | To successfully plead an unfair business practice it is |
| • Any act prohibited by section 17500-17577.5 | | | | necessary that the plaintiff must show the unfair |
| The definition of section 17200 of the CUCL is | | | | nature of the conduct. The plaintiff may also allege that |
| disjunctive. The five words that define unfair | | | | the harm caused by the conduct must outweigh any |
| competition operate distinctively from its other. It | | | | benefits that the conduct may have. |
| means that an act is considered prohibited or | | | | What constitute fraudulent acts? |
| fraudulent even if it is not unfair or unlawful. | | | | A business act or practice is fraudulent if members of |
| Unlike other unfair and deceptive practices statute that | | | | the public are likely to be deceived. Under this act, it is |
| requires intent as an element, section 17200 of the | | | | not necessary that the wrongful conduct involve |
| CUCL does not require that the defendant have intent | | | | advertising or false representation. |
| to defraud the plaintiff. | | | | A claim under sec. 17200 premised on fraudulent acts |
| Who may be sued under the California Unfair | | | | does not require proof or intent, actual reliance or |
| Competition Law? | | | | damages. According to a case decided by the US |
| Unlike any other statutes, the California Unfair | | | | Supreme Court the statement need not be material to |
| Competition Law does not exempt specific industries. It | | | | the transaction - it need not have affected the |
| applies to all persons. Moreover, persons in the statute | | | | consumers purchasing decision. |
| refer to all natural persons, corporation, firms, | | | | How to plead a claim based on fraudulent conduct? |
| partnerships, Joint Stocks Corporation, association and | | | | To plead a claim under section 17200 based on |
| other organization of persons. | | | | fraudulent conduct the plaintiff must assert that the |
| What constitute a business act or practice? | | | | consumers are likely to be deceived by the defendant |
| The California Unfair Competition Law requires that the | | | | conduct. |
| wrongful acts that defined unfair competition must | | | | In a case recently decided by the court, California law |
| constitute a business act or practice. In addition, the act | | | | requires a plaintiff to prove that defendants advertising |
| or practice has been construed to encompass most | | | | claims are false and misleading. |
| conduct. Even a single act is sufficient to allege a claim | | | | If you have been a victim of any unfair competition |
| under section 17200. | | | | practices, consult our highly commendable team of |
| What constitute unlawful business act or practice? | | | | expert Los Angeles Business Law attorneys. Just log |
| A business act or practice is unlawful if it violates any | | | | on to our website and you may take advantage of |
| law. Unlawful claims includes violation of numerous | | | | our free case evaluation services. |