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California Consumer Auto Fraud
1. How can a California Consumer Get a Legal Remedy
Against an Auto Related Fraud?
In a recent complaint survey conducted by various government agencies
like the Consumer Federation of America (CFA), the National Association
of Consumer Agency Administrators (NACAA), and the North American
Consumer Protection Investigators (NACPI), auto-related issues were
named as the top complaints by consumers and consumer protection agencies
for the second year in a row. Auto-related complaints include
misrepresentations in advertising or sales of new and used cars, lemon buy
backs and used cars with faulty repairs. Auto-related complaints also include
misrepresentations regarding the leasing and towing disputes of the used cars.
Following are some of the Statutes your California lemon law attorney can
make use of to protect your California consumer rights:
The California Consumers Legal Remedies Act (CLRA)
California Code of Civil Procedure §§ 1750 - 1784
California Code of Civil Procedure § 1750 prohibits vagueness, unfair business
practices, and deception by unlawful methods of competition. It also prohibits
unfair or deceptive acts or practices in a sale or lease of goods or services to
any consumer.
California Code of Civil Procedure § 1770
The CLRA claim is especially attractive to auto fraud victims. Here, the
California Code of Civil Procedure § 1780 allows consumers who have suffered
damage as a result of a practice declared unlawful by § 1770 to obtain a
punitive damages, court costs and attorney fees and any other relief the court
deems proper.
California's Unfair and Deceptive Acts and Practices (UDAP)
One of the effective tools a California used car consumer can employ to protect
his investment is California's Unfair and Deceptive Acts and Practices
(UDAP), sometimes called 'little FTC Acts'. Every state has enacted some
form of UDAP law, so does the State of California. The State of California
statute prohibits 23 specific practices, other unfair methods of competition and
unfair or deceptive practices. Deceptive trade practices are aimed at
misleading or enticing people into purchasing a product or service. False
advertising and odometer tampering are the most common deceptive practices
in automotive sales. The essence of UDAP activity has been California’s
Unfair Competition Law (UCL) is § 17200.
The UCL prohibits and carries many remedies for:
• Unlawful, unfair or fraudulent business act or practice
• Unfair, deceptive, untrue or misleading advertising
Now almost all California's UDAP statutes provide that a consumer can sue for
damages and can collect his California lemon law attorney's fees from the
losing party. In a number of states the court is empowered to award double or
triple damages and sometimes punitive damages if he wins the case.
California's Uniform Deceptive Trade Practices Act (UDTPA)
Deceptive trade practices are common which can equally affect individuals or
2. businesses in almost all the states. Many states have adopted the standardized
Uniform Deceptive Trade Practices Act (UDTPA). California's Uniform Deceptive
Trade Practices Act includes and covers all the prohibitions and issues
addressed in the state of California law.
California's Uniform Deceptive Trade Practices Act:
• Prohibits making deceptive representations in connection with
commercial goods
• Covers odometer tampering
• Addresses all forms of deception in the marketing or advertising of goods
and services
Krohn & Moss, Consumer Law Center is a leading California law firm
specializing in auto fraud. The law firm of Krohn & Moss, Consumer Law
Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to
provide legal representation to consumers with defective vehicles and
products. If you suspect that you have been the victim of a California auto
fraud, you can get rid of your problem car by pursuing your California lemon
law claim. Submit the case details for a Free* Case Review under the
California lemon laws.
Disclaimer: This information is not intended as legal advice. Please direct your
specific questions to Krohn & Moss attorneys and know more about your lemon
law rights. If you want to pursue your lemon law claim, CALL 1-800 US
LEMON® (800-875-3666) Toll Free, to reach Krohn & Moss for a FREE
initial Consultation or submit the information for a free case evaluation.