News & Analysis as of

California Unfair Competition Law (UCL)

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit sides with credit union after finding NCUA regulations preempted California state law

On August 1, the U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of claims under California’s Unfair Competition Law (UCL) against a federal credit union, holding that federal law preempts state regulation of...more

Sheppard Mullin Richter & Hampton LLP

Navigating Ambiguity in Consumer Protection Law: Insights from Bodenburg v. Apple

Plaintiff Lisa Bodenburg brought a putative class action against Defendant Apple Inc. after purchasing a 200 GB iCloud+ storage plan. She believed that by upgrading to the paid 200 GB plan, the 200 GB would add to the free 5...more

Troutman Pepper Locke

Preemption Win for Federal Credit Union in the Ninth Circuit on Bounced Check Fee Claims

Troutman Pepper Locke on

In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action...more

Davis Wright Tremaine LLP

Previewing Consumer Financial Enforcement in California During the Second Trump Administration

During the first Trump Administration, in response to federal financial agencies adopting a deregulatory approach, several states became more active in the enforcement of consumer financial statutes and regulations to fill...more

NAVEX

California Reminds Businesses Bribery is Illegal – Why Other States Should Follow Suit

NAVEX on

On February 10, 2025, President Trump issued an  executive order pausing federal enforcement over the U.S. Foreign Corrupt Practices Act by ordering the U.S. Attorney General to “cease initiation of any new FCPA...more

White & Case LLP

A Vested Interest in Honest Business: California Attorney General Reminds Businesses that FCPA Violations Remain Actionable under...

White & Case LLP on

On April 2, 2025, California Attorney General Rob Bonta issued a Legal Advisory reminding businesses operating in California that foreign bribery remains illegal under California law and that violations of the US Foreign...more

Wilson Sonsini Goodrich & Rosati

California AG Warns Companies That FCPA Violations Are Still Enforceable Notwithstanding Federal Pause

On April 2, 2025, California Attorney General Rob Bonta issued a press release and legal advisory reminding businesses operating in California that violations of the Foreign Corrupt Practices Act (FCPA) are still actionable...more

ArentFox Schiff

California Attorney General Warns That FCPA Violations Are Actionable Under the State’s Unfair Competition Law

ArentFox Schiff on

On April 2, California Attorney General (AG) Rob Bonta issued an alert reminding businesses operating in California that it is illegal to violate the Foreign Corrupt Practices Act (FCPA)....more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Rejects Non-Disclosure Theory for ER Evaluation and Management Fees, Holding that Hospitals owe no...

Hospitals charge a standard evaluation and management services fee (“EMS”) for patients seen in the emergency room, in one of five amounts, depending upon the severity of the visit. This EMS fee is listed in the hospital’s...more

Mintz - Health Care Viewpoints

California Attorney General Issues Warning on Artificial Intelligence in Health Care

On January 13, 2025, California Attorney General Rob Bonta (the California AG) issued two Legal Advisories regarding the utilization of artificial intelligence (AI). The first Legal Advisory provides guidance to consumers and...more

Troutman Pepper Locke

Ticketing Company Agrees to COVID-19 Customer Refunds

Troutman Pepper Locke on

California Attorney General (AG) Rob Bonta has settled with StubHub, Inc. (StubHub) for alleged violations of the Unfair Competition Law and False Advertising Law. The complaint accuses StubHub of making misleading statements...more

Foley & Lardner LLP

Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

Foley & Lardner LLP on

Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

King & Spalding

California Hospitals Sue Insurance Company Over Delayed Patient Discharges

King & Spalding on

Last week, the California Hospital Association (CHA), which represents more than 400 hospitals, filed a lawsuit against Anthem Blue Cross (Anthem) alleging that Anthem’s untimely arrangement for, and authorization of,...more

Troutman Pepper Locke

California AG Supports Unfair Competition Claims Against Insurance Company

Troutman Pepper Locke on

On April 11, California Attorney General (AG) Rob Bonta filed an amicus brief before the Supreme Court of the State of California arguing that policyholders should be able to assert claims under the state’s Unfair Competition...more

Ballard Spahr LLP

California AG issues warning to state-chartered banks and credit unions on “surprise overdraft” and returned deposit item fees

Ballard Spahr LLP on

On February 22, 2024, California Attorney General Rob Bonta issued letters (the “AG Letter”) to California’s 197 state-chartered banks and credit unions warning that overdraft and returned deposited item fees may violate...more

Foley Hoag LLP

New California Noncompete Law Amendments Take Effect This Month

Foley Hoag LLP on

California recently passed two laws amending its longstanding prohibition of employee noncompete agreements, both of which became effective this month. Section 16600 of the California Business and Professions Code voids...more

Proskauer on Privacy

Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches

Proskauer on Privacy on

Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies. ...more

CDF Labor Law LLP

District Attorneys’ Unfair Competition Claim Against Serial ADA Litigant Barred By Litigation Privilege

CDF Labor Law LLP on

Companies hit with website accessibility or physical access claims brought under the Americans with Disabilities Act of 1990 (ADA) and/or California’s Unruh Civil Rights Act (Unruh Act) may experience great frustration upon...more

Allen Matkins

Unlicensed Lender Parries Unfair Competition Claim

Allen Matkins on

Yesterday's post concerned discussed Lagrisola v. North American Financial Corp.,  2023 WL 7273708 (Nov. 3, 2023), in which the Court of Appeal held that a borrower had failed to plead a cause of action against an unlicensed...more

Allen Matkins

Court Of Appeal Finds No Private Right Of Action Against Unlicensed Lender

Allen Matkins on

Section 22100 of the California Financial Code prohibits persons from engaging in the business of a finance lender or broker without obtaining a license from the California Commissioner of Financial Protection & Innovation. ...more

Fox Rothschild LLP

New Notices Required in CA Non-Compete Ban

Fox Rothschild LLP on

As if compiling all of the existing California employment notices wasn’t enough, a new law becoming effective January 1, 2024 imposes an additional notice to employees. AB 1076 piggybacks on SB 699, making it unlawful to...more

Allen Matkins

Are Securities Law And Unfair Competition Law Claims Miscible?

Allen Matkins on

Recently, I wrote about the ruling in Cress v. Nexo Financial LLC, 2023 WL 6609352 (Oct. 10, 2023).   Today's post covers a different issue addressed in that case - to what extent does California's securities law preclude...more

Jenner & Block

California Supreme Court Opens Door for Nonprofits to Sue for Anticompetitive Practices

Jenner & Block on

On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred...more

Jackson Lewis P.C.

California Enacts Legislation to Support State’s Prohibitions on Employee Restrictive Covenants

Jackson Lewis P.C. on

On September 1, 2023, Governor Newsom signed Senate Bill (SB) 699, which buttresses current state law that voids contracts that restrain an employee from engaging in a lawful profession, trade, or business of any kind....more

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