CONSUMER PROTECTION

False Advertising • False Sale Signs • Bait and Switch

Law Office of Calvin Chang is one of the select law firms in California addressing misleading advertisements in retail stores.   The firm can address violations either on an individual consumer level and in consumer class actions in California.  Our accomplished lawyers have a track record of success in numerous cases against major retailers involving false advertising and unfair business practice.

Based in Sacramento and with an office in Los Angeles, the firm represent consumers, shoppers, customers, who have been misled by false or misleading advertisement.

Even when the difference between the advertised expected sale price and the actual price paid at the register is small dollar amount, California’s Consumer Legal Remedies Act provides for recovery of monetary loss and attorney’s fees which can enable individual consumers to recover significant damages in a lawsuit.

If you were the victim of false advertising or an unfair business practice, you are likely not alone.  Perhaps hundreds or even thousands of people like you have been tricked in small amounts by false sale signage.  You have the power to vindicate your rights by hiring our firm to file a lawsuit on your behalf and all consumers in California will benefit from your efforts.   To discuss a pending consumer protection class action or a potential new lawsuit, call us at 916-538-0225 or send an email.  Consultations are free and you do not pay anything upfront.

False Sale Signs

Many retailers take advantage of consumers emotional behaviors by displaying large sale signs on their store fronts.  The signs can be significant like 40% or even 50% off sale.  However, once inside the store, consumers believing that merchandise they select ends up being not on sale at all.  Most consumers end up paying for the item at full price that they did not intend to purchase; or worse, discover the items were full price only after leaving the store.    This type of misleading sale signage may be illegal under the California Consumer Legal Remedies Act (CLRA)

Whether the storefront sign is misleading in violation of the CLRA is based on several factors based on a reasonable consumer.  Most retailers have language in smaller letters that clarify what items are on sale, or that the sale does not apply to all items, or some other type of clarifying language that the advertised sale it is “up to” 40% off.  Whether there is a viable legal case depends on facts like, (1) whether the limiting language was clear enough to a reasonable consumer; (2), size and font appearance of the clarifying language; (3) whether inside the store, there are further sale signage which serve to notify and clarify to the shopper what is on sale and what the sale discount is for specific merchandise; (4) at the register, was it made clear to the consumer the items was ringing up at full price and not at the advertised sale price.

Bait and Switch by Misleading Signage

Another trick that some retailers employ, is placing sale signage on or near a rack or shelf of merchandise that is not on sale.   By mixing merchandise on a rack under a sale sign, the merchant may have violated the California Consumer Legal Remedies Act.

Another Bait and Switch tactic occurs when a retailer displays merchandise that is not actually the merchandise that is delivered to the customer when the decision to purchase is made.  For example, if a retailer displays an accessory together with the merchandise.  The consumer inquires about the price, and then makes the decision to purchase the item believing the accessory is included as show in the display.

 

CONSUMER PROTECTION – Discrimination

California Unruh Civil Rights Act

Law Office of Calvin Chang is one of the select law firms in California addressing discrimination in business accommodations and services.  The firm can address violations either on an individual consumer level and in consumer class actions in California.  Our accomplished lawyers have a track record of success in numerous cases against major retailers, hotels, and other business establishments for individuals who have been subjected to discriminatory practices.

Based in Sacramento and with an office in Los Angeles, the firm represent consumers, shoppers, customers, who have been denied full and equal services at a business establishment.

If you were the victim of discriminatory business practice, you are likely not alone.  You have the power to vindicate your rights by hiring our firm to file a lawsuit on your behalf of others in California will benefit from your efforts.   To discuss a pending consumer protection class action or a potential new lawsuit, call us at 916-538-0225 or send an email.  Consultations are free and you do not pay anything upfront.

Unruh Civil Rights Act

California Civil Code section 51.

(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act.

(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

(c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information.

 

(d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws.

(e) For purposes of this section:

(1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.

(2) (A) “Genetic information” means, with respect to any individual, information about any of the following:

(i) The individual’s genetic tests.

(ii) The genetic tests of family members of the individual.

(iii) The manifestation of a disease or disorder in family members of the individual.

(B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual.

(C) “Genetic information” does not include information about the sex or age of any individual.

(3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code.

(4) “Religion” includes all aspects of religious belief, observance, and practice.

(5) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

(6) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes a perception that the person has any particular characteristic or characteristics within the listed categories or that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics within the listed categories.

(7) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code.

(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.

(g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section.

(h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632.

(Amended by Stats. 2015, Ch. 282, Sec. 1. (SB 600) Effective January 1, 2016.)