Consumer Litigation & Class Action

Consumer Protection

Holding Corporations Accountable

Consumer litigation holds corporations accountable when they engage in fraudulent, deceptive, or unfair business practices that harm individuals. Under California’s strong consumer protection laws, you have the right to fight back.

California has some of the strongest consumer protection laws in the nation. Statutes like the Unfair Competition Law (Business & Professions Code 17200), the False Advertising Law (Business & Professions Code 17500), and the Consumer Legal Remedies Act (Civil Code 1750) give individual consumers and classes of consumers powerful legal tools to hold businesses accountable for deceptive, unfair, and unlawful practices.

At The Law Offices of Farris Ain, we represent consumers in both class action lawsuits and individual claims against companies that violate these laws. Our cases range from challenging false advertising by national brands to pursuing local businesses engaged in fraudulent or predatory practices. We also represent employees in employment law disputes and individuals harmed by negligence through our personal injury practice.

The goal of consumer litigation is straightforward: to stop unlawful conduct, to recover what was wrongfully taken from consumers, and to ensure that the cost of breaking the law exceeds the profit. When a company knows it will face serious litigation for cutting corners or deceiving customers, it changes behavior. That is the deterrent effect of consumer protection law, and it benefits everyone.

How Class Action Lawsuits Work

A class action is a lawsuit in which one or more individuals (the “named plaintiffs” or “class representatives”) bring a claim on behalf of a larger group of people (the “class”) who have been harmed by the same conduct. Class actions exist because, in many cases, the individual harm to each consumer may be too small to justify the cost of a separate lawsuit — but the aggregate harm across thousands or millions of consumers is enormous.

For example, if a company overcharges each customer by $15 through a hidden fee, no individual consumer would hire a lawyer to recover that amount. But if the company did this to 500,000 customers, the total unjust enrichment is $7.5 million. A class action makes it economically feasible to pursue that claim and hold the company accountable.

Class actions in California proceed through several stages:

1. Filing and investigation — The named plaintiff files a complaint and the attorney conducts an investigation into the scope and nature of the misconduct.
2. Class certification — The court decides whether the case is suitable for class treatment, examining factors such as numerosity, commonality, typicality, and adequacy of representation.
3. Discovery and litigation — Both sides exchange documents and information, take depositions, and prepare for trial or settlement.
4. Settlement or trial — Most class actions resolve through settlement, which must be approved by the court as fair, reasonable, and adequate. If no settlement is reached, the case proceeds to trial.
5. Distribution — Class members receive their share of any recovery, which may come as a direct payment, a credit, or other relief depending on the terms.

Individual Consumer Protection Claims

Not every consumer dispute is suited for class action treatment. In many cases, an individual consumer suffers significant harm that warrants a standalone lawsuit. California’s consumer protection statutes provide powerful remedies for individual claims, including:

• Actual damages — The amount of money you lost as a direct result of the defendant’s unlawful conduct.
• Restitution — The return of money or property that the defendant wrongfully obtained from you.
• Statutory damages — Under the CLRA and certain other statutes, consumers may recover additional damages above and beyond their actual losses.
• Injunctive relief — A court order requiring the business to stop its unlawful practice, protecting you and other consumers going forward.
• Attorney fees and costs — Many California consumer protection statutes allow prevailing consumers to recover their attorney fees and litigation costs from the defendant, removing the financial barrier to bringing a claim.
• Punitive damages — In cases involving intentional fraud or malice, additional damages may be awarded to punish the wrongdoer under California Civil Code 3294.

The CLRA: A Consumer’s Most Powerful Tool

The Consumer Legal Remedies Act (Civil Code 1750-1784) is one of California’s most important consumer protection statutes. It prohibits 27 specific types of unfair or deceptive business practices in transactions for goods or services, including:

• Misrepresenting the source, sponsorship, or quality of goods or services
• Advertising goods or services with intent not to sell them as advertised
• Representing that a transaction confers rights that it does not
• Inserting unconscionable provisions in contracts
• Making false statements about the need for parts, replacements, or repairs

The CLRA provides for actual damages, punitive damages in appropriate cases, injunctive relief, and attorney fees. It also prohibits businesses from including “waiver” clauses in contracts that attempt to strip consumers of their CLRA rights — any such clause is void and unenforceable.

UCL (Section 17200): The Broadest Consumer Statute

California’s Unfair Competition Law is remarkable for its breadth. It covers any business practice that is unlawful (violates any law), unfair (the harm to consumers outweighs any benefit), or fraudulent (likely to deceive a reasonable consumer). This “borrowing” statute can incorporate violations of virtually any other law — state or federal — as the basis for a UCL claim, making it an extraordinarily versatile tool for consumer attorneys.

“Corporations have armies of lawyers to protect their profits. Consumers deserve an attorney who will fight just as hard to protect their rights.”