Cable television subscribers brought a class action for unfair competition based on rate hikes for carrying channels that broadcast Dodgers and Lakers games. In 2011, a cable television company paid the Lakers $3 billion for licensing rights to televise Lakers games for 20 years over two channels. Cable subscription rates rose by $5 a month. […]
The Cost At A Hospital Is Different For You.
A man with no medical insurance signed an agreement to pay a hospital’s full charges when he received emergency care at a hospital. He later filed a consumer class action asserting claims under Business and Professions Code section 17200 and Civil Code section 1750. His complaint alleges the hospital “failed to disclose uninsured patients would […]
Trial Court Erred In Applying The Doctrine Of Substantial Compliance To Consumer Protection Laws.
Civil Code section 2987, subdivision (d), subsection (2)(B), requires that lessors of vehicles which have been repossessed give the lessees a notice that contains this statement: “The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the […]
Class Action Judgment Against Auto Dealership Reversed In Part And Affirmed In Part.
This class action was brought by consumers who purchased automobiles. It was tried by the court, and judgment was entered in favor of defendant automobile dealership. The trial court awarded $1,503,084.50 to defendant in attorney fees and costs. The appellate court reversed portions of the judgment and affirmed other portions. The reversed portions included a […]
No Preemption; Unfair Competition Law [UCL] Action May Go Forward.
Defendants are a trucking company in Long Beach, California and the company’s owner. The People, on behalf of the State of California, filed this action under Business and Professions Code section 17200, Unfair Competition Law [UCL] against defendants for misclassifying drivers as independent contractors and for other alleged violations of California’s labor and unemployment insurance laws. […]
Intersection Of Two Federal Laws In Unfair Competition Context.
The Lanham Act [15 U.S.C. § 1125] permits one competitor to sue another for unfair competition arising from false or misleading product descriptions. The Food, Drug and Cosmetic Act [21 U.S.C. §§ 321(f) and 331] prohibits the misbranding of food and drink, and gives exclusive enforcement authority to the federal government. In the present matter, […]
eBay’s Bidding System Does Not Violate California’s Unfair Competition Laws.
Plaintiff filed a class action against eBay, alleging violation of California’s unfair competition laws and intentional interference with prospective business advantage. The federal district court dismissed the case. eBay uses an auction system whereby the bidder submits the maximum amount he is willing to pay and eBay’s software enters bids on behalf of the bidder at predetermined […]
Unfair Competition Action Decided By U.S. Supreme Court.
Plaintiff sells the only style of toner cartridges that work with the company’s laser printers, but ‘remanufacturers’ acquire and refurbish used plaintiff’s cartridges to sell in competition. Thus, plaintiff gives its customers a discount on new cartridges if they agree to return empty cartridges to plaintiff. Each cartridge has a microchip that disables the empty […]
Shine The Light Law.
Civil Code § 1798.83 [STL; The Shine The Light Law] and Business and Professions Code § 17200 [UCL; The Unfair Competition Law] were at issue in a matter where plaintiff, an internet subscriber who wanted to engage in fantasy football, baseball and basketball, provided his name, email address, date of birth and zip code on the website, […]
Lawyers Representing Debt Collection Agencies Sued By District Attorney For Unfair Business Practices.
A district attorney filed a civil action against a debt collection company and its lawyers alleging violations of the Rosenthal Fair Debt Collection Practices Act [Civil Code section 1788] and the Federal Fair Debt Collection Practices Act [15 U.S.C. § 1692]. The People set forth one cause of action, violation of California’s Unfair Competition Law [Business […]