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Article Excerpt
On November 2, 2004 California voters will be given the opportunity to help protect their businesses from frivolous shakedown lawsuits. As currently written, the state's unfair competition low (Business and Professions Code, Section 17200) allows unscrupulous plaintiff's attorneys to file lawsuits, mainly against small businesses, end demand settlements and/or fees with no actual client or proof of harm. Proposition 64 would close this loophole by limiting the availability of unfair competition lawsuits to private attorneys with real clients who have been harmed or suffered financial injury.
The Loophole
Generally, California's unfair competition low serves a noble purpose--it provides consumers who have genuinely been misled, damaged, or suffered a financial loss, with the right to retain an attorney and file an action for relief. Specifically, the unfair competition law protects consumers against unlawful, unfair or fraudulent business acts and practices, unfair, deceptive, untrue or misleading advertisements, and other prohibited business acts. (See Bus. & Prof. Code, [section] 17200.) Indeed, Business and Professions Code Section 17200 provides courts...
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