If you have been accused of unfair competition or you believe that another company is guilty of it and your company has dealt with damages as a result then your next move should be to call an experienced business litigation attorney. You can read on to learn answers to some general questions about the Unfair Competition Clause in California or you can contact Law Offices of Torrence L. Howell at (909) 920-0908 for a free case evaluation.
What is Meant by “Unfair Competition”?
Competition is good in business – to a point. According to the California Business and Professionals Code 17200, unfair competition involves unlawfully, fraudulently, or unfairly practicing or acting in a business matter or falsely, deceptively, or misleadingly advertising. It is considered unlawful, unfair, or fraudulent if either harms consumers or gives one business an unfair advantage over its competitors.
What Are Examples of Unfair Competition?
A few examples of unfair competition include robocalling or spoofing a phone number in a way that violates FCC regulations, lying and say they are affiliated with and/or endorsed by a better-known brand, or getting customers into the store with cheap prices and then changing the prices to much higher options – this is known as the famous “bait and switch.”
Can I Sue for Unfair Competition?
In order to be able to sue for unfair competition in the state of California, you must be able to prove that you have actually lost money or property as a result of the acts of another. If you are a business, this would generally involve proving that the defendant was intending to specifically destroy the competition – except in cases of deceptive or false advertising.
What Are My Options if I’ve Been the Victim of Unfair Competition?
There are a number of them, including recovering your actual economic damages or equitable relief to prohibit the unfair practices. One important thing to note is that in California, punitive damages – which are designed to punish the at-fault party – are not available for this type of case. As a result, the amount of damages can be quite limited.
Work with an Experienced Business Law Attorney Who Knows How to Maximize Your Options
The truth is that these are complicated cases. Whether you’ve been accused of unfair business practices or the victim of this behavior, we can help. We have been on both sides of the aisle and we know how to make your options as positive as possible. Call Law Offices of Torrence L. Howell now at (909) 920-0908 for a free legal consultation.