Legal Memorandum: CA Consumers Legal Remedies Act Claims

Issue: Do plaintiff’s allege a valid claim under the California Consumers Legal Remedies Act?

Area of Law: Business Organizations & Contracts, Personal Injury & Negligence
Keywords: Consumer’s legal remedies; Valid claim
Jurisdiction: California
Cited Cases: 93 Cal. Rptr. 2d 439; 104 Cal. App. 4th 845; 128 Cal. Rptr. 2d 389; 78 Cal. App. 4th 1144
Cited Statutes: Cal. Civ. Code § 1760, § 1761, § 1761(b), § 1770(a)(1)
Date: 01/01/2007

               The purposes of the California Consumers Legal Remedies Act (CLRA) are to “protect consumers against unfair and deceptive business practices and to provide efficient and economical procedures to secure such protection.”  Cal. Civ. Code § 1760.  The Act, which applies to sales of goods and services in the state, must “be liberally construed and applied to promote [these] underlying purposes.”  Id. §§ 1760, 1761.  “Services” are defined broadly under the Act to include all “services for other than a commercial or business use.”  Id. § 1761(b).      

               The CLRA provides legal recourse for consumers who suffer damages as a result of a variety of deceptive or unfair acts or practices, including:

(1) Passing off . . . services as those of another.

(2) Misrepresenting the source, sponsorship, approval, or certification of . . . services.

(3) Misrepresenting the affiliation, connection, or association with, or certification by, another.

   . . . .

 (5) Representing that . . . services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have . . . .

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