News & Analysis as of

Unfair or Deceptive Trade Practices Unfair Competition Law (UCL)

Holland & Knight LLP

It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

Holland & Knight LLP on

The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more

Ballard Spahr LLP

Appellate court upholds $21 million judgment against for-profit college regarding unfair competition and false advertising claims

Ballard Spahr LLP on

On February 20, 2024, the California Court of Appeal largely affirmed an eight-figure judgment against Ashford University (“Ashford”), an on-line, for-profit college, and its parent company, Zovio, Inc. (formerly Bridgepoint...more

Ervin Cohen & Jessup LLP

Los Angeles County Sues Grubhub for Unfair Business Practices and False Advertising

On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more

Lathrop GPM

California Federal Court Denies Franchisor’s Motion to Dismiss Consumer’s Claims Alleging Violation Under the Unfair Practices...

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A federal court in California denied a franchisor’s motion to dismiss a consumer’s claims for a violation of the unfair-practices prong of California’s Unfair Competition Law (UCL) and unjust enrichment. Torres v. Botanic...more

Womble Bond Dickinson

California Supreme Court Expands Ability of Public Interest and Non-Profit Trade Groups to Sue for Alleged Unfair Business...

Womble Bond Dickinson on

Can an organization sue you simply because it chose to divert resources to respond to your allegedly unfair business practices by claiming your practices are a perceived threat to its mission? The California Supreme Court...more

Allen Matkins

California Supreme Court Opens Door To Organizational Unfair Competition Law Claims

Allen Matkins on

Sections 17200 to 17210 of the California Business and Professions Code are commonly referred  to as the unfair competition law. Stop Youth Addiction, Inc., v. Lucky Stores, Inc., 17 Cal.4th 553, 558, fn. 2 (1998).   The UCL...more

Venable LLP

“Are You Guys Into Crypto????”: Celebrities Promoting Cryptocurrencies Become Class Action Targets

Venable LLP on

A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more

CDF Labor Law LLP

Restitution Under the UCL Is Not Damages

CDF Labor Law LLP on

California Plaintiffs frequently assert a duplicative claim under the Unfair Competition Law (“UCL”), California Business & Professions Code Section 17200 et seq. that relies on a violation of another law to establish...more

Farella Braun + Martel LLP

“Unfair Trade Practices” Exclusion Does Not Extend to Consumer Protection Claims

Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...more

Proskauer - Advertising Law

Added Allegations of Consumer Survey Results Fail to Sweeten the Deal: Court Dismisses “White Chips” False Advertising Suit With...

We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more

Latham & Watkins LLP

CMA COVID-19 Update: Recent Measures to Protect Consumers

Latham & Watkins LLP on

On 10 July, the CMA announced that it was investigating suspected breaches of consumer protection law in the package holiday sector. The investigation was launched on the back of work carried out by the CMA’s COVID-19...more

Manatt, Phelps & Phillips, LLP

Time To Settle: Fossil Reaches $4.5M Deal Over Outlet Pricing

Time has run out on a deceptive pricing lawsuit against Fossil, with the parties reaching a $4.5 million settlement agreement. Timur Safransky accused the timepiece company of using deceptive comparative price tags on...more

Best Best & Krieger LLP

A District Attorney May Employ Outside Counsel on a Contingent Fee Basis - Ninth Circuit Opinion in Unfair Competition Suit...

The District Attorney of Trinity County filed a civil action under California’s Unfair Competition Law, alleging deceptive marketing and sales practices. The action sought an injunction, restitution, attorney fees and civil...more

Perkins Coie

Rulings, Orders, Settlements – October 9, 2017

Perkins Coie on

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil - Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Punts on FAA Preemption - Court invalidates waiver of public injunctive relief, declines to address...

Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

Farella Braun + Martel LLP

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

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