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Re: JimGreene1 post# 2766

Thursday, 08/30/2018 6:39:41 PM

Thursday, August 30, 2018 6:39:41 PM

Post# of 12532
https://businesslaw.uslegal.com/deceptive-trade-practices-laws/california-deceptive-trade-practices-laws/

California Deceptive Trade Practices Laws

California has not adopted the Uniform Deceptive Trade Practices Act. Deceptive trade practices in the state are dealt under California Business and Professions Code § 17500 et seq. Sections 17500, 17500.5 and 17505 prohibit false advertisements. Pursuant to Section 17500, violation by false advertisement is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.

Pursuant to Section 17535, an Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in California may bring an action upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person, injured or damaged as a result of the violation of this Chapter.

By the authority of Section 17203 and 17535, any person may pursue representative claims or relief on behalf of others, provided the claimant meets certain standing requirements. The court may pass orders or judgments in the effect of restoring damages incurred, including the appointment of a receiver, and providing injunctions.

Sections 28050 and § 28051.5 of the California Vehicle Code makes it unlawful for any person to turn back or reset the odometer of any motor vehicle in order to reduce the number of miles indicated on the odometer gauge.

Cal Bus & Prof Code § 17500

False or misleading statements generally
It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.



Cal Bus & Prof Code § 17505

Misrepresentation as to nature of business
No person shall state, in an advertisement of his goods, that he is a producer, manufacturer, processor, wholesaler, or importer, or that he owns or controls a factory or other source of supply of goods, when such is not the fact, and no person shall in any other manner misrepresent the character, extent, volume, or type of his business.