KNOW YOUR RIGHTS
Several statutes exist that help consumers get protection
against false statements and schemes by companies that
supply goods or services. There are a wide variety of
these statutes with subtle details that may affect your
case.
For example, the Consumer Legal Remedies Act [Civil
Code, §§1770, et seq.] includes an attorney
fee provision, additional statutory penalties in some
circumstances, and liability based on specified prohibited
conduct without a requirement of showing lack of diligence
by defendant.
The Fair Employment and Housing Act [Gov’t
Code, §§12940, et seq.] is primarily used by
employees who have suffered some form of discrimination
but it also applies to tenants. This statute gives special
rules on where the lawsuit may be filed and how to hold
the employer responsible for the misconduct of other employees
and supervisors, as well as allowing recovery of attorneys
fees.
The Unfair Competition Act [Bus. & Prof.
Code, §§17200, et seq.] is often called the
poor man’s class action statute. It allows a plaintiff
to seek restitution from the defendant of money that the
defendant improperly received from other persons who are
not listed as plaintiffs in the case. It also makes any
transaction that is unfair or illegal, a basis for recovery
under the act, and it allows attorneys fees under some
circumstances.
The Unruh Civil Rights Act [Civil Code, §§47,
et seq.] prohibits discrimination by teachers, landlords,
doctors, realtors and others, and includes new statutory
theories of liability, additional liability for employees
and supervisors, and the recovery of attorneys fees.
The Elder and Dependant Adult Act [Welfare
& Institutions Code, §§15610, et seq.] prohibits
conduct of persons having responsibility for elder or
dependent adults. Recovery of damages is permitted for
financial abuse, physical abuse, neglect, abduction, etc..
Recovery under the Act includes attorneys fees, additional
damages and penalties.
The California
Department of Consumer Affairs has many helpful tips for consumers and has recently published "Five
Hot California Consumer Issues" warning about several rip-offs facing consumers and giving suggestions on how to deal with them.