California has expansive laws that protect the public and other businesses from predators, including those that engage in certain type of false and misleading advertising, and other types of improper forms of solicitation. The laws provide great freedoms to businesses to engage in legitimate competition, and draw the line where one’s conduct is unlawful, unfair or fraudulent or in violation of a regulatory statute. A quick general reference guide is provided below.
|Violation of any law or regulation, including federal or state, statutory or common law, can serve as a predicate for a Business & Professions Code, § 17200 unlawful violation.|
(Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal. 4th 1134, 1152.)
|Business competitor suing for anticompetitive activity required to show challenged conduct threatens an incipient violation of or spirit of antitrust laws.|
(Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal. 4th 163, 186-187.)
|Individual consumer suing for deceptive and/or misleading business practices required to show that the public is likely to be deceived by the challenged conduct.|
(Bardin v. DiamlerchryslerCorp. (2006) 136 Cal. App. 4th 1255, 1268.)
Feel free to contact A. Liberatore, P.C. if you have any questions or concerns about a business practice.