CONSUMER PROTECTION AND UNFAIR BUSINESS PRACTICES
State and federal laws protect consumers from false and misleading advertising of products and services, as well as unlawful, unfair or deceptive business acts or practices.
False or misleading advertising takes many forms, and may involve (for example): misrepresentations concerning the source, approval or certification of goods or services; statements that the goods or services have characteristics, uses or benefits which they do not have; advertising goods or services with the intent not to sell them as advertised; misrepresenting reasons for, existence of, or amounts of price reductions; or representing that a transaction confers rights, remedies, or obligations which it does not, or which are prohibited by law.
Unfair business practices are those which offend established public policy, or are immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers. Fraudulent business practices are those which are likely to deceive consumers.
One unfair and deceptive business practice which Kaiser Gornick LLP is currently investigating involves repurchase transactions in connection with California’s Song-Beverly Warranty Act (the “Lemon Law”). When repurchasing or replacing a lemon car in California, car manufacturers are permitted to take a deduction from the repurchase price for use of the vehicle. The deduction permitted by the Lemon Law is calculated by a strict formula, based upon the car’s mileage at the time it was first presented for repair. In violation of consumer rights under the Lemon Law, many car manufacturers also seek to take other deductions for “wear and tear” or other use at the time of repurchase.
Kaiser Gornick LLP is committed to ending this practice, and has filed a related class action against Ford Motor Company in the United States District Court for the Northern District of California. If a car manufacturer seeks to impose a deduction for “wear and tear,” contact us, and get involved.
If you believe that you or someone you know has been victimized by any other unfair business practice or false advertising, please let us know. We may be willing to investigate and prosecute your case.
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