Unfair Business Practices

Posted by & filed under Elder Abuse Litigation.

In addition to the statutorily mandated protections under EADACPA, a variety of California statutory schemes can be used to protect the interests of elders. They include the Unfair Competition Law, consumer warranty statutes, a list of unlawful practices, remedies under CC §3345, remedies against an agent abusing a durable power of attorney, provisions on abuse by a conservator, and remedies for abuse by a representative payee..

Business and Professions Code §§17200-17210, known as the Unfair Competition Law, provide remedies for a wide range of unfair business practices, enforceable by a similarly wide range of potential plaintiffs. The UCL prohibits unlawful, unfair, or fraudulent business acts or practices. It is designed to protect both competitors and consumers, and it is couched in intentionally sweeping language “to enable judicial tribunals to deal with the innumerable ‘new schemes which the fertility of man’s invention would contrive.'”