Fraud and Unfair Business Practices

At Phillips, Erlewine, Given & Carlin, we strive to protect consumers and businesses from fraudulent, unfair, and illegal business practices. When you enter the marketplace, you expect the companies you deal with to be on the level—providing a valuable good or service for a transparent fee. Unfortunately, not all businesses are run that way and sometimes people and other businesses can be stung by those bad actors who try to game the system to make an extra buck. Our experienced commercial litigators help hold those engaged in such unscrupulous business practices liable for their unlawful conduct.

Fraud Claims

If a corporation or individual intentionally misrepresents or conceals a material fact with the intent to depriving someone or some company of property or of a legal right or causes another party injury, that’s fraud. Whether in the world of traditional finance, tech, or a combination of the two (see recent crypto currency scandals for example), fraud has always been and continues to be part and parcel of American consumer life. If you or someone you know has been led along the primrose path, only to find out there’s nothing but thorns waiting for you, our experienced fraud attorneys can help make it right.

Unfair Competition Claims

In California, like in some other states, there is a special law to deal with businesses who don’t play by the rules. It is the Unfair Competition Law (or UCL). Under the UCL, consumers or businesses who have been impacted by an unlawful, unfair, or fraudulent business practice may sue the company responsible for that business practice for damages resulting from that practice, injunctive relief to prohibit the practice from occurring. These types of claims are often brought as class actions because the unlawful, unfair, or fraudulent business practices may adversely impact a large group of consumers or competitor businesses the same way. Our UCL claim attorneys are experienced in prosecuting UCL claims on both an individual and a class basis.

False Advertising Claims

California also has a specific statutory law to address companies purposefully misleading consumers about the nature of their products or services, California Business and Professions Code § 17500. Section 17500 (False Advertising Law or “FAL”) makes it unlawful for any person or business to make a knowingly (or negligently made) advertisement that is false or misleading. To prevail on such a claim, a consumer must prove that the advertisement is likely to deceive a reasonable consumer. Consumers who prevail on such a claim are entitled to restitution of the amount lost, a civil penalty for each violation, and injunctive relief. Like UCL claims, FAL claims are often brought on a class basis to address companies whose false advertisements mislead large numbers of consumers. Our commercial litigators and false advertising claim attorneys have the experience it takes to vindicate consumers’ rights under the FAL.

Types of Unfair Business Practices Claims

The following constitutes a partial list of forms fraudulent business practices can take:

1. False Advertising: A business makes false or misleading claims about its products or services. Examples include exaggerating benefits, misrepresenting ingredients, falsifying testimonials, or using deceptive packaging to make a service or product appear different from what it is.

2. Bait-and-Switch: A business advertises one product or service and provides a lesser one, or seems to offer a lower price than they actually are offering. Such tactics deceive customers and violate fair trade principles.

3. Price Fixing: When competing businesses collude to set prices artificially, restricting competitive pricing and manipulating the market. This anti-competitive practice harms consumers by eliminating price competition.

4. Ponzi Scheme: Think Bernie Madoff. When an investment scam promises high rate of returns with little risk to investors. In reality, the fraudster is paying those returns to their earlier investors with the money they tricked their more recent investors into giving them. Eventually, it becomes unsustainable and everyone, except the fraudster, loses. And then, hopefully, the fraudster loses too.

5. Pyramid Schemes: Pyramid schemes involve recruiting participants who pay to join a program, but the real profit comes from recruiting new members rather than selling a genuine product or service. Not every pyramid scheme is illegal, but some are.

6. Predatory Pricing: Businesses taking advantage of false or created shortages to overcharge consumers for basic goods when they are most in need.

7. Hidden Fees: Sometimes businesses charge fees to consumers without disclosing them or not providing the service the fee is allegedly paying for, hoping no one will notice.

8. Misrepresentation: Misrepresentation includes providing false information about a product or service, whether through false claims, withholding important information, or omitting crucial details that would impact someone's decision to purchase.

9. Unfair Debt Collection: Unfair debt collection practices involve harassing or deceptive tactics used by creditors or debt collectors in their attempts to collect debts, such as making false threats or contacting individuals at inconvenient times.

10. Discrimination: When a business treats individuals unfairly based on protected characteristics such as race, gender, age, or disability, leading to unequal treatment in employment, services, or products, that is an unfair and illegal business practice.

Why Choose Us?

Experienced Legal Team

Our firm boasts a team of highly skilled fraud and unfair business practice attorneys who have a deep understanding of substantive and procedural laws can help consumers and businesses fight back against fraudulent, unfair, or unlawful business practices. With years of collective experience and a track record of success, our team can handle every type of unfair, illegal, or fraudulent business dispute.

Comprehensive Approach

We take a comprehensive approach to fraud and unfair business practice litigation, ensuring that our clients' interests are vigorously protected. From initial consultation through to trial, we leave no stone unturned in building a strong case and maximizing the chances of a favorable outcome.

Tailored Legal Strategies

Every case is unique. We recognize the importance of tailoring our strategies to meet the specific needs and circumstances of our clients. We invest significant time and effort in thoroughly assessing each case—whether it be on behalf of an individual or a class of impacted consumers or businesses—enabling us to develop a customized legal approach that aligns with our clients’ goals.

If you have been a victim of unfair business practices, contact us today to discuss your options with our attorneys.

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