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California Consumer Auto Fraud

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In a recent complaint survey conducted by various government agencies like the Consumer Federation of America (CFA), NACAA, NACPI.

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California Consumer Auto Fraud

  1. 1. How can a California Consumer Get a Legal RemedyAgainst an Auto Related Fraud? In a recent complaint survey conducted by various government agencieslike the Consumer Federation of America (CFA), the National Associationof Consumer Agency Administrators (NACAA), and the North AmericanConsumer Protection Investigators (NACPI), auto-related issues werenamed as the top complaints by consumers and consumer protection agenciesfor the second year in a row. Auto-related complaints includemisrepresentations in advertising or sales of new and used cars, lemon buybacks and used cars with faulty repairs. Auto-related complaints also includemisrepresentations regarding the leasing and towing disputes of the used cars.Following are some of the Statutes your California lemon law attorney canmake use of to protect your California consumer rights:The California Consumers Legal Remedies Act (CLRA)California Code of Civil Procedure §§ 1750 - 1784California Code of Civil Procedure § 1750 prohibits vagueness, unfair businesspractices, and deception by unlawful methods of competition. It also prohibitsunfair or deceptive acts or practices in a sale or lease of goods or services toany consumer.California Code of Civil Procedure § 1770The CLRA claim is especially attractive to auto fraud victims. Here, theCalifornia Code of Civil Procedure § 1780 allows consumers who have suffereddamage as a result of a practice declared unlawful by § 1770 to obtain apunitive damages, court costs and attorney fees and any other relief the courtdeems proper.Californias Unfair and Deceptive Acts and Practices (UDAP)One of the effective tools a California used car consumer can employ to protecthis investment is Californias Unfair and Deceptive Acts and Practices(UDAP), sometimes called little FTC Acts. Every state has enacted someform of UDAP law, so does the State of California. The State of Californiastatute prohibits 23 specific practices, other unfair methods of competition andunfair or deceptive practices. Deceptive trade practices are aimed atmisleading or enticing people into purchasing a product or service. Falseadvertising and odometer tampering are the most common deceptive practicesin automotive sales. The essence of UDAP activity has been California’sUnfair Competition Law (UCL) is § 17200.The UCL prohibits and carries many remedies for: • Unlawful, unfair or fraudulent business act or practice • Unfair, deceptive, untrue or misleading advertisingNow almost all Californias UDAP statutes provide that a consumer can sue fordamages and can collect his California lemon law attorneys fees from thelosing party. In a number of states the court is empowered to award double ortriple damages and sometimes punitive damages if he wins the case.Californias Uniform Deceptive Trade Practices Act (UDTPA)Deceptive trade practices are common which can equally affect individuals or
  2. 2. businesses in almost all the states. Many states have adopted the standardizedUniform Deceptive Trade Practices Act (UDTPA). Californias Uniform DeceptiveTrade Practices Act includes and covers all the prohibitions and issuesaddressed in the state of California law.Californias Uniform Deceptive Trade Practices Act: • Prohibits making deceptive representations in connection with commercial goods • Covers odometer tampering • Addresses all forms of deception in the marketing or advertising of goods and servicesKrohn & Moss, Consumer Law Center is a leading California law firmspecializing in auto fraud. The law firm of Krohn & Moss, Consumer LawCenter®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, toprovide legal representation to consumers with defective vehicles andproducts. If you suspect that you have been the victim of a California autofraud, you can get rid of your problem car by pursuing your California lemonlaw claim. Submit the case details for a Free* Case Review under theCalifornia lemon laws.Disclaimer: This information is not intended as legal advice. Please direct yourspecific questions to Krohn & Moss attorneys and know more about your lemonlaw rights. If you want to pursue your lemon law claim, CALL 1-800 USLEMON® (800-875-3666) Toll Free, to reach Krohn & Moss for a FREEinitial Consultation or submit the information for a free case evaluation.

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