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Unfair Trade Practices In Competition Law In Santa Clara
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Multi-State
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Santa Clara
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US-000289
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FAQ
An unfair business practice includes deception, fraud, misrepresentation, and unjust actions. Such unlawful conduct usually occurs against consumers in violation of consumer protection laws. But, they also include unfair competition victimizing other businesses.
California Trade practice act (Chapter 338) enacted in 1996. The law in California prohibits unethical home inspection practices, including repairing properties that home inspectors have inspected in the previous 12 months.
The law describes “unfair competition” as any unlawful, unfair, or fraudulent business act or practice, or false, deceptive, or misleading advertising. To pursue lawsuits under California's unfair competition law, a consumer or business must prove suffering and financial or property losses due to an unfair practice.
The UCL forbids "unlawful, unfair or fraudulent" conduct in connection with virtually any type of business activity. With its sweeping liability standards and broad equitable remedies, the UCL is often the weapon of choice for plaintiffs' lawyers and is almost uniformly invoked by prosecutors in consumer cases.
Section 17200 includes five definitions of unfair competition: (1) an unlawful business act or practice; (2) an unfair business act or practice; (3) a fraudulent business act or practice; (4) unfair, deceptive, untrue, or misleading advertising; or (5) any act prohibited by Sections 17500-17577.5.
Types of Unfair Trade Practices ① Refusal to Deal. ② Discriminatory Treatment. ③ Exclusion of a Competitor. ④ Unfair Solicitation of Customers. ⑤ Coercion of Transaction. ⑥ Abuse of Superior Bargaining Position. ⑦ Imposing Binding Conditional Trade. ⑧ Obstruction of Business Activities.
The phrase unfair trade practices can be defined as any business practice or act that is deceptive, fraudulent, or causes injury to a consumer. These practices can include acts that are deemed unlawful, such as those that violate a consumer protection law.
The primary legal remedies for unfair competition under California laws include the recovery of damages as well as injunctive relief and/or equitable relief (immediately stop what you are doing and/or cease and desist orders).