A Return To The Wild West For Calif. UCL Actions

Law360, New York (February 28, 2011, 4:03 PM EST) -- California's Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq., the "UCL") is an expansive statute that historically has been popular among plaintiffs' lawyers.

Until recently, private parties could bring "representative," non-class UCL lawsuits even though they had no business dealings with the defendant and despite any showing of actual injury. But in 2004, California voters responded to high-profile abuses of the UCL by adopting Proposition 64. This initiative required private plaintiffs to comply with class certification requirements and to demonstrate actual "injury...
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