Consumer Law

Many California consumer laws add to the claims of fraud, breach of contract and negligence which courts commonly recognize.  The three consumer protection laws in which we work are:

  1. The Consumer Legal Remedies Act:
  2. Fair Debt Collection Practices Act; and
  3. Identity Theft Prevention and Assistance law.

Consumer Law Under The Consumer Legal Remedies Act

The Consumer Legal Remedies Act Civil Code Section 1750-1784 tells what sellers cannot do and gives consumers a remedy if they fall victim to such conduct.  This law lists several unlawful sales practices. It also helps consumers to understand what they can do if they believe a merchant acted unlawfully. Finally, it helps consumers and businesses to understand the remedies available and penalties imposed.

Consumer Law Under The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act is found at Civil Code Sections 1788-1788.33. This law governs what collectors can do when collecting debts from a consumer. Moreover, the law defines attorney’s as debt collectors and guides both the consumer and collector to a fair process.   Additionally, The law outlines steps a consumer must take to become entitled to punitive remedies against overzealous collectors.

Consumer Law Identity Theft Prevention and Assistance

Identity theft has become a major problem for consumers. Consequently the legislature enacted , the identity Theft Prevention and Assistance Act for people who have had their identity stolen and misused. As a result there are several different laws that apply to help consumers who have had their identity stolen. Consequently, the  Consumer Credit Reporting Agencies Act; Civil Code Sections 1785.1 to 1785.36 along with False Personation and Cheats; Penal Code Sections 528 to 539 work together to provide remedies for consumers. These sections allow a consumer to recover damages from the creditor or collection agency. Of particular assistance is Penal Code Section 530.8 which helps to guide an identity theft victim through the steps necessary to protect and correct credit reports and prevent collection actions against the victim. Additionally, the California Department Of Justice gives guidance to victims of identity theft.

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