Unfair Business Practices
Practical, Strategic Advice and Effective Representation in Southern California
Businesses in California are expected to operate in a manner that is legal, transparent, and fair. This does not just extend to how they treat their employees, but also to their customers and competitors. This adherence to fair practice is not only an ethical obligation but also a legal one. When businesses violate this code of conduct, they open themselves up to lawsuits on the grounds of unfair business practices.
Unfair business practices in California are defined under Section 17200 of the Business and Professions Code, known as the Unfair Competition Law (UCL). The UCL broadly defines unfair competition to include any unlawful, unfair, or fraudulent business act or practice. This also includes false advertising and any act prohibited by the California penal code.
See below for a fuller discussion of unfair business practices and the UCL. For help pursuing a UCL claim against an unfair competitor or defending against charges your business has been engaging in unfair business practices in Southern California, call Rounds & Sutter to discuss your case with a team of experienced and successful California business lawyers.
Understanding Unfair Business Practices
The term “unfair business practices” covers a wide range of activities. It includes but is not limited to, misleading advertising, price fixing, overcharging, predatory pricing, and producing counterfeit goods. Unfair business practices can significantly disrupt markets, injure smaller businesses, harm consumers, and erode trust in our economic system.
Unfair business practices can also involve violation of the False Advertising Law (FAL), which prohibits any kind of misleading or untrue advertising. If a business falsely represents the nature, characteristics, qualities, or geographic origin of goods or services, it can be sued under the FAL.
The Role of a Business Attorney in Resolving Disputes
A business attorney plays a pivotal role when it comes to unfair business practices. An attorney can assist both plaintiffs (those who believe they have been harmed) and defendants (those accused of unfair practices).
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Representing Plaintiffs:
If you are a business or a consumer who has been affected by unfair business practices, a business attorney can represent your interests and help you seek restitution. Your attorney will guide you through the process of gathering evidence, filing a lawsuit, and, if needed, going to trial.
An experienced attorney can help interpret the complex and broad language of the UCL, evaluate the strength of your case, and guide you on the best course of action. Importantly, an attorney can assist you in securing remedies, which might include restitution (refund of money or property), injunctive relief (ordering the defendant to stop certain actions), or even disgorgement of profits made through unfair practices.
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Defending Against Claims:
For businesses accused of unfair practices, it’s crucial to secure legal representation. An attorney can help examine the claims against you, assess their validity, and construct a robust defense strategy. Your attorney can negotiate settlements, argue motions to dismiss, and represent you at trial if necessary.
An experienced attorney can also provide proactive advice to help your business avoid unfair practice claims. This can include reviewing advertising materials, evaluating business practices, and providing training to ensure compliance with the UCL and FAL.
Call Rounds & Sutter for Help With Unfair Business Practice Claims in Southern California
At Rounds & Sutter, our experienced team of business attorneys is ready to guide you through the complexities of unfair business practice lawsuits. Whether you’re seeking to file a claim against a business or need to defend against accusations, we bring our extensive expertise to bear, working diligently to protect your interests and achieve the best possible outcome. With offices in Ventura and Westlake Village, we’re here to provide the counsel and representation you need in Southern California. Give us a call at 805-650-7100 to share your concerns and find out how we can help.