Don't Underestimate Calif. Correction Offers

Law360, New York (September 24, 2015, 9:55 PM EDT) -- A California appellate court recently issued a decision that confirms that the pre-litigation safe harbor provision of the Consumers Legal Remedies Act ("CLRA") has teeth and should not be ignored. Recently, the court of appeals issued its opinion in Benson v. Southern California Auto Sales Inc., et al, Case No. G050484,15 Cal. Daily Op. Serv. 9763 (Aug. 27, 2015), holding that when an appropriate and timely correction offer is made in response to a CLRA notice of violation, a plaintiff cannot subsequently recover attorneys' fees or costs for continuing the litigation, despite the appropriate correction offer.

This case, which involved claims...

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