As a consumer, it’s imperative to understand that there are several laws and rules in place to help protect you from unfair and abusive business practices. Many of these pertain to credit reports and debt collection, like the Fair Debt Collection Practices Act (FDCPA) or Fair Credit Reporting Act (FCRA). However, there are also laws in place to help prevent consumers from deception and fraud. One of the most important is the Consumers Legal Remedies Act (CLRA), which has been implemented in California. The following blog explores more about this law, including common violations. You’ll also learn the importance of working with a San Diego consumer lawyer to explore your options if you believe you have been taken advantage of.
What Is the Consumers Legal Remedies Act, and What Are Common Violations?
As mentioned, the CLRA was implemented to help protect consumers from unfair and deceptive business practices. The law itself lists a considerable number of common violations. As such, this act includes, but is not limited to, the following violations:
- Misrepresenting where goods or services come from
- Advertising goods or services with the intent to sell them not as advertised
- Misrepresenting the authority of a salesperson or agent to negotiate terms with a customer
- Lying about the goods or services of another business
- Falsifying the quality of the goods or services you are providing
- Claiming that refurbished products are new
- Placing “robocalls” to those other than current customers or those who owe a debt
It’s also important to understand that any consumer who has had their protections under this act violated by a company and subsequently suffered damages as a result of the violation can pursue legal action. In addition, you’ll find that you can pursue both individual and class action lawsuits if you are part of a group of consumers defrauded by the same business.
How Do I Pursue Legal Action?
If you wish to file a lawsuit against a company for a violation of the CLRA, understanding the steps in this process is critical. Generally, the first thing you’ll need to do is ensure your case is still under the statute of limitations. As per the CRLA, impacted consumers have three years from the date on which the unfair practice occurred to pursue legal action against the company.
You should also note that 30 days before you intend to file a lawsuit against the business, you must mail a letter through certified mail to the offending party and ask them to repair, replace, or rectify the goods or services that were violated as part of the CLRA. If the company does not answer the letter or refuses to take the necessary steps, you can proceed with filing a formal lawsuit.
At Barthel Legal, our team understands how difficult these circumstances can be. Our team is committed to protecting the best interests of consumers, which is why we are dedicated to helping you fight for the best possible outcome for your situation. Contact us today to learn more.
