Stop The Madness (Before It Starts): UCL Abstention
February 21, 2012, 1:37 PM EST
Law360, New York (February 21, 2012, 1:37 PM EST) -- In an instant, California’s Unfair Competition Law can turn a business asset into a business liability. The UCL gives plaintiffs the ability to obtain restitution and injunctive relief for “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” Cal. Bus. & Prof. Code § 17200.
And though a powerful tool for positive change, for businesses, a UCL claim often appears to be a shakedown — even if not deceptive, a defendant’s business practices can be attacked for violating any...