In a recent complaint survey conducted by various government agencies like the Consumer Federation of America (CFA), the National Association of Consumer Agency Administrators (NACAA), and the North American Consumer Protection Investigators (NACPI), auto-related issues were named as the top complaints by consumers and consumer protection agencies for the second year in a row. Auto-related complaints include misrepresentations in advertising or sales of new and used cars, lemon buy backs and used cars with faulty repairs. Auto-related complaints also include misrepresentations regarding the leasing and towing disputes of the used cars.
The California Consumers Legal Remedies Act (CLRA)
California Code of Civil Procedure §§ 1750 – 1784
California Code of Civil Procedure § 1750 prohibits vagueness, unfair business practices, and deception by unlawful methods of competition. It also prohibits unfair or deceptive acts or practices in a sale or lease of goods or services to any consumer.
California Code of Civil Procedure § 1770
The CLRA claim is especially attractive to auto fraud victims. Here, the California Code of Civil Procedure § 1780 allows consumers who have suffered damage as a result of a practice declared unlawful by § 1770 to obtain a punitive damages, court costs and attorney fees and any other relief the court deems proper.
California’s Unfair and Deceptive Acts and Practices (UDAP)
One of the effective tools a California used car consumer can employ to protect his investment is California’s Unfair and Deceptive Acts and Practices (UDAP), sometimes called ‘little FTC Acts‘. Every state has enacted some form of UDAP law, so does the State of California. The State of California statute prohibits 23 specific practices, other unfair methods of competition and unfair or deceptive practices. Deceptive trade practices are aimed at misleading or enticing people into purchasing a product or service. False advertising and odometer tampering are the most common deceptive practices in automotive sales. The essence of UDAP activity has been California’s Unfair Competition Law (UCL) is § 17200.
The UCL prohibits and carries many remedies for:
- Unlawful, unfair or fraudulent business act or practice
- Unfair, deceptive, untrue or misleading advertising
Now almost all California’s UDAP statutes provide that a consumer can sue for damages and can collect his California lemon law attorney’s fees from the losing party. In a number of states the court is empowered to award double or triple damages and sometimes punitive damages if he wins the case.
California’s Uniform Deceptive Trade Practices Act (UDTPA)
Deceptive trade practices are common which can equally affect individuals or businesses in almost all the states. Many states have adopted the standardized Uniform Deceptive Trade Practices Act (UDTPA). California’s Uniform Deceptive Trade Practices Act includes and covers all the prohibitions and issues addressed in the state of California law.
California’s Uniform Deceptive Trade Practices Act:
- Prohibits making deceptive representations in connection with commercial goods
- Covers odometer tampering
- Addresses all forms of deception in the marketing or advertising of goods and services
Krohn & Moss, Ltd. Consumer Law Center® is a leading California law firm specializing in auto fraud. The law firm of Krohn & Moss, Ltd. Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to provide legal representation to consumers with defective vehicles and products. If you suspect that you have been the victim of a California auto fraud, you can get rid of your problem car by pursuing your California lemon law claim. Submit the case details for a Free* Case Review under the California lemon laws.