California law sets out 22 unfair methods of competition and unfair or deceptive acts or practices (Civil Code section 1770). These acts include, for instance:

• Misrepresentations regarding the nature of quality of goods and services.
• Deceptive advertising.
• Misrepresentations regarding pricing and other aspects of a transaction.
• Inserting an unconscionable provision in a contract.
• Certain circumstances of encumbering the primary residence of a consumer for the purpose of paying for home improvement.

Before a case can be brought under this act, which is part of the Consumer Legal Remedies Act, a 30-day notice must be given to the prospective defendant and a demand that the unlawful practice be corrected. If the potential defendant agrees to make the appropriate corrections, a case cannot be brought.

It is important to note that lawsuits under the Consumer Legal Remedies Act may be initiated against businesses other than sales or loan operations. In fact, under certain situations, a long term care facility or a home health service may make misrepresentations or have unconscionable contract provisions which would give rise to a cause of action against the long term care facility or home health service provider.

In the case of the elderly and disabled, a proven violation of Civil Code section 1770 may result in an additional award of up to $5,000. This becomes important in potential class action cases where it might be difficult to prove significant damages for any particular member of the class.

If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we'd like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.