California law protects consumers from unfair, deceptive and fraudulent business practices in the purchase of goods and services. When a seller has violated California law, it is important to have an experienced attorney protecting your rights. The lawyers of Bracamontes & Vlasak, P.C., have the legal knowledge and experience to assist you.
Contact our San Francisco office today to schedule a free consultation.
Ensuring Accurate Representations Of Goods And Services
When you spend your hard-earned money on a good or service, you are entitled to get what has been represented to you. A seller cannot misrepresent the character or quality of a product to consumers. This practice is sometimes referred to as bait and switch advertising. If you have been the victim of these practices, a skilled lawyer can help you identify if you can hold the seller liable, and if so, can help you pursue a claim against the seller.
The California Consumers Legal Remedies Act ("CLRA") provides consumers the right to sue in situations where they are victims of sellers violating the Act. Under the CLRA, there are a variety of forms of recovery available to consumers who have suffered damages. Possible remedies include:
- Actual damages
- Restitution of property
- Punitive damages
- Treble/triple damages
- Attorney's fees
- Court order preventing the seller from continuing to violate the Act
Vulnerable consumers — such as the elderly or disabled individuals — may be able to recover additional damages under the CLRA. Our lawyers can provide you information on additional laws that may protect your rights as a consumer.
Common Unlawful Practices
Although there are a variety of ways a business can violate the law in their dealings with consumers, there are some ways that frequently occur. A seller may misrepresent the nature of goods by telling a consumer they are new or that they meet certain standards when they do not. In order to get an advantage over the competition, a business may make false or misleading statements about another business or their products.
A seller may also make misrepresentations about the price of a good or service, including misleading the consumer about discounts or the reasons for discounts. In the case of a business that handles repairs, the proprietor may suggest a specific repair or replacement is needed when it isn't. If a seller has knowingly committed any of these practices or any others that violate California law, you may be able to pursue compensation for the damage you have suffered.
The Implied Warranty Of Merchantability
Every sale of a consumer good in California comes with an implied warranty by the manufacturer and the retail seller that the good is merchantable, meaning it must reasonably conform to the ordinary buyer's expectations of the item. This warranty exists regardless of whether the seller has explicitly promised anything or provided an express warranty. If you have been sold a product that is inferior to industry standards, or simply cannot do what it was designed for, contact a BV Law consumer rights attorney to discuss your options. Inferior goods for sale must be explicitly marked "as is" or "with all faults."
Consumer protection lawyers can often help victims of identity theft recover their losses. Identity theft is always a trying and difficult experience. Victims of identity theft should know that they may have claims against not only the perpetrators of identity theft, but also purported creditors attempting to collect debts that were fraudulently incurred. A consumer rights attorney can help victims of identity theft handle obstreperous creditors and expunge fraudulent debts.
Get Help From An Experienced Bay Area Consumer Rights Attorney
If you have been the victim of a deceptive and unfair business practice, contact a San Francisco consumer fraud attorney at BV Law immediately to discuss your consumer rights. Before filing suit, you may be required to notify the seller of the alleged defective product, giving the seller the opportunity to correct, repair, replace or otherwise rectify the defective product. Call an experienced Bay Area lemon law attorney at Bracamontes & Vlasak to schedule a free initial consultation at 800-392-1427. You can also reach us by completing our online contact form.
See our Testimonials page for examples of the excellent results we have achieved in this practice area.