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What is the California Consumers Legal Remedies Act?

The California Consumers Legal Remedies Act protects consumers from businesses who use unfair methods of competition and unfair or deceptive acts or practices in transactions intended to result or which result in the sale or lease of goods or services to any consumer. The California Consumers Legal Remedies Act makes these unfair and deceptive acts unlawful.

What are common misrepresentations by businesses?

Misrepresenting the source, sponsorship or certification by another.

Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have…

Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.

Advertising goods or services with intent not to sell them as advertised.

Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve or which are prohibited by law.

Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not.

Inserting an unconscionable provision in the contract.

What is Automobile Fraud?

For example: If a dealership sells you a car with undisclosed prior accident damage, this is fraud. If you specifically ask the salesperson about prior accident damage and you were told the car has none, the dealership has violated the California Consumers Legal Remedies Act.

If a dealership rolls back the odometer without disclosure to you, the dealership has violated the California Consumers Legal Remedies Act.

If the dealership sells you a car with a branded title without disclosure to you, the dealership has violated the California Consumers Legal Remedies Act.

If the dealership sells you a car with prior flood damage, the dealership has violated the California Consumers Legal Remedies Act.

If the dealership sells you a car that was a prior commercial rental vehicle without telling you, the dealership has violated the California Consumers Legal Remedies Act.

If the dealership sells you a car, tells you that the car is financed, calls you in more than 10 days later and tells you that you have to sign new purchase/lease documents, make a larger downpayment, finance at a higher interest rate or return your car, the dealership is not telling the truth and has violated the California Consumers Legal Remedies Act.

If the dealership notifies you within 10 days that it cannot finance your car, you will have to return the car to the dealership. However, you are entitled to every dollar you gave the dealership including your trade-in car. If the dealership does not give back all of your money and does not return your trade-in vehicle, the dealership has violated the California Consumers Legal Remedies Act.

What are your damages under the California Consumers Legal Remedies Act?

Because these violations are unlawful, you are entitled to a refund of all of your money and the trade-in car. There is no offset for use. You may be entitled to punitive damages. And if you are over 65, you may be entitled to an extra $5,000 penalty.

What will I have to pay to litigate the California Consumers Legal Remedies Act?

Hyde & Swigart will handle your case on a contingency basis. You pay no upfront costs or fees. When we settle or prevail at trial, the manufacturer pays the attorneys’ fees and costs.

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