Answer FileConsumer Protection

Can I sue over false advertising in California?

The answer, cited

Yes, if you lost money relying on it. Business and Professions Code section 17500 prohibits untrue or misleading advertising, and the Unfair Competition Law, section 17200, lets a consumer who lost money or property sue for restitution and injunctions. The CLRA adds actual damages for misrepresentations in consumer sales.

Three overlapping statutes police advertising in California. Business and Professions Code section 17500 makes untrue or misleading statements in advertising unlawful; judged by whether members of the public are likely to be deceived, no intent to deceive required for civil liability. The Unfair Competition Law, section 17200, converts any unlawful, unfair, or fraudulent business practice into a civil claim; since Proposition 64, a private plaintiff must have lost money or property because of the practice, and the remedies are restitution and injunctive relief, not damages, with a four-year limitations period under section 17208. For damages, the Consumers Legal Remedies Act, Civil Code section 1750 et seq., covers misrepresentations in sales of goods and services to consumers, including false discounts and bait advertising, and adds punitive damages and attorney fees after its 30-day demand letter; CLRA claims run three years. Preserve the ad itself, screenshot dated pages, plus the receipt showing what the deception cost.

Authority: Cal. Bus. & Prof. Code §§ 17200, 17500

Source: Cal. Bus. & Prof. Code §§ 17200, 17500 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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