Deceptive Business Practices
Civ. Code 1770 — the listed practices, 30 days' notice, and attorney's fees
California's Consumers Legal Remedies Act lists unfair methods of competition and unfair or deceptive acts that are unlawful in a transaction intended to result, or that results, in the sale or lease of goods or services to a consumer.
- Passing off goods or services as someone else's, or misrepresenting their source, sponsorship or approval.
- Representing that goods or services have characteristics, benefits or quantities they do not have, or are of a standard, quality or grade they are not.
- Advertising goods or services with intent not to sell them as advertised.
- Representing that a transaction confers rights, remedies or obligations it does not.
- Inserting an unconscionable provision in the contract.
A consumer damaged by one of those practices may sue for actual damages, an order stopping the practice, restitution, punitive damages and other relief, and a prevailing consumer is awarded court costs and attorney's fees. A prevailing business gets fees only where the suit was not brought in good faith.
A damages suit waits for a written notice and 30 days. Thirty days or more before suing for damages, the consumer notifies the business in writing of the particular violations and demands that it correct, repair or replace the goods or services, by certified or registered mail, return receipt requested. No damages suit may be maintained if an appropriate remedy is given, or agreed to within a reasonable time, within 30 days of the notice. A suit only to stop the practice needs no notice first.
Separately, unfair competition includes any unlawful, unfair or fraudulent business act or practice and untrue or misleading advertising, and making statements to sell property or services that are untrue or misleading, and known or knowable with reasonable care to be, is a misdemeanor punishable by up to six months in county jail, a fine of up to $2,500, or both.
Sources for this section (5)
- Civ. Code 1770 — Practices the Consumers Legal Remedies Act makes unlawful
- Civ. Code 1780 — A consumer's action for damages and other relief
- Civ. Code 1782 — The 30 day notice before suing for damages
- Bus. & Prof. Code 17200 — What unfair competition means
- Bus. & Prof. Code 17500 — False or misleading advertising
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.