Courts in California have issued contradictory rulings in the past 2 months about whether a reform of the state's Unfair Competition Act, California Business & Professions Code Sections 17200, et seq.
Update: Four California Courts Rule that Proposition 64 is Retroactive
Courts in California have issued contradictory rulings in the past 2 months about whether a reform of the state's Unfair Competition Act, California Business & Professions Code Sections 17200, et seq. (the "UCA") is retroactive. Section 17200 was changed when California voters passed Proposition 64 in the Nov. 2004 election. Proposition 64 amends the UCA to delete the broad standing rules and to add a requirement that suit may be brought by a private plaintiff (as opposed to a suit brought by a County Attorney or Attorney General) only if the plaintiff has suffered "injury in fact" and has lost money or property as a result of the unfair competition. These reforms will likely reduce the incidence of Section 17200 litigation — a development that is strongly supported by businesses across the state.
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Jeffrey L. FillerupThis premium content is locked for LawJournalNewsletters subscribers only
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