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Berry v. American Express Publishing In.
Credit transactions separate and apart from any sale or lease of goods or services are not covered under Consumer Legal Remedies Act.
Business Law Feb. 1, 2007
WFS Financial Inc. v. Superior Court (De La Cruz)
State notice requirements pertaining to disposal of repossessed motor vehicles did not apply to lender operating under federal law.
Business Law Jan. 10, 2007
Aron v. U-Haul Co. of California
In class action regarding truck rental company's refueling charges and practices, plaintiff has alleged facts sufficient to state UCL cause of action.
Business Law Dec. 8, 2006
People v. Cole
Knox-Keene Act's exemption to rule against corporate practice of optometry does not affect statutory prohibitions on relationships between opticians and optometrists.
Business Law Nov. 28, 2006
Clark v. Capital Credit & Collection Services Inc.
Fair Debt Collection Practices Act allows debtors to waive its protections, and debt collectors to make occasional, reasonable mistakes.
Business Law Oct. 26, 2006
California Consumer Health Care Council v. Kaiser Foundation Health Plan Inc.
Practice of HMO giving its attorneys allegedly irrelevant medical information of patients making medical malpractice claims is not unlawful.
Business Law Oct. 22, 2006
Federal Trade Commission v. Cyberspace.com LLC
Mail solicitation for Internet service offering consumer check for $3.50 was deceptive practice within meaning of Federal Trade Commission Act.
Business Law Oct. 17, 2006
People ex rel. Dept. of Motor Vehicles v. Cars 4 Causes
Non-profit corporation soliciting donations of motor vehicles engaged in unfair competition and sold vehicles in violation of smog certification requirements.
Business Law Sep. 7, 2006
Bardin v. Daimlerchrysler Corp.
In unfair business practices case, plaintiffs' claims do not meet 'unfair' definition where they did not claim personal injury or warranty violations.
Business Law Jul. 10, 2006
People v. Cole
Trial court erred by allowing advertising by optical retailer to continue with disclaimer that could not cure illegal advertising.
Business Law Jun. 20, 2006
Smith v. Wells Fargo Bank N.A.
Account holder's state unfair competition claim against bank was not pre-empted by federal regulation.
Business Law Apr. 10, 2006
Hartford Fire Ins. Co. v. Superior Court (Turner)
Repeal of statute did not retroactively affect vested right because there was no final judgment.
Business Law Mar. 23, 2006
Feitelberg v. Credit Suisse First Boston
Remedy of nonrestitutionary disgorgement is not available in class action asserting violation of unfair competition law.
Business Law Mar. 20, 2006
Opinion of Lockyer
Physician generally may prescribe for patient medical device that is distributed by company in which physician has ownership interest.
Business Law Feb. 28, 2006
Camacho v. Bridgeport Financial Inc.
Plain language of Fair Debt Collection Practices Act Section 1692g(a)(3) indicates disputes of debt do not require writing.
Business Law Feb. 15, 2006
Cummins Inc. v. Superior Court (Cox)
Manufacturer of motor home purchased out of state may be liable for design defect.
Business Law Feb. 2, 2006
Rivas v. Rail Delivery Service Inc.
Owner-operators hired to transport goods for motor carriers lacked standing to sue for violations of Truth-in-Leasing regulations.
Business Law Dec. 6, 2005
Wilson v. Brawn of California
Under terms of contract and Commercial Code, mail order company did not bear risk of loss of goods in transit.
Business Law Nov. 16, 2005
Thompson v. 10,000 RV Sales Inc.
Rolling over-allowances on trade-in vehicles into cash price of motor homes violated state laws.
Business Law Oct. 4, 2005
Filip v. Bucurenciu
Application of Uniform Fraudulent Transfer Act to transactions associated with Nevada property settlement agreement is constitutional.
Business Law Sep. 26, 2005
Morris v. Redwood Empire Bancorp
Imposition of fee for terminating merchant credit card account did not violate unfair competition law.
Business Law Aug. 9, 2005
People for the Ethical Treatment of Animals v. California Milk Producers Advisory Board
Public entities are not 'persons' subject to suit under California's Unfair Business Practices Act.
Business Law Aug. 8, 2005
Inline v. A.V.L. Holding
Restitution remedy authorized by Section 17203 of the Unfair Business Practices Act does not include damages.
Business Law Aug. 8, 2005
Mustang Marketing Inc. v. Chevron Products Co.
Under Petroleum Marketing Practices Act, oil company was required to offer to assign its option to extend lease to service station operator.
Business Law Jul. 13, 2005
Opinion of Lockyer
Store owner who charges fee for accepting secondhand goods and facilitating internet sales must hold secondhand dealer license.
Business Law Apr. 7, 2005
Pollard v. Ericsson
Rebate offers with conditions that can be satisfied before or during the transaction are lawful.
Business Law Feb. 14, 2005
United States v. Mirama Enterprises Inc.
Appliance manufacturer that failed to report safety risk can be penalized for each unit that was distributed.
Business Law Jan. 10, 2005
Koons Buick Pontiac GMC Inc. v. Nigh
Truth in Lending Act amendment increasing recovery for consumers with closed-end loans secured by real property maintains other limits.
Business Law Dec. 13, 2004
Kelly v. Fleetwood Enterprises Inc.
Consumers cannot recover punitive damages and loss of enjoyment under Magnuson-Moss Warranty Act.
Business Law Nov. 4, 2004
Gavaldon v. Daimlerchrysler Corp.
Car manufacturer that repeatedly failed to repair transmission under service contract is not obligated to refund purchase price.
Business Law Aug. 23, 2004