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Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

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False Advertising and Illegal Business Practices Explained

(Part 1 of 3)

The words Consumer protection shot with artistic selective focus.

Have you ever bought a product that did not live up to your expectations? Most consumers have gotten caught up in flashy advertising tactics at one time or another, buying a good or service that may not have ended up being nearly as useful as it appeared. But when do advertising tactics and business practices become possible illegal activity? California has multiple statutes designed to protect consumers.

First is the California Business and Professions Code § 17200[1], termed California’s Unfair Competition Law (“UCL”):

Unfair competition shall mean and include any unlawful, unfair or fraudulent business act or  practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by  Chapter 1 of Part 3 of Division 7 of the Business and Professions Code (which outlines false advertising in regards to various products).

Actions under the UCL for injunctions and restitution may be brought by a prosecuting authority or by private persons acting for themselves or the general public. The language is purposefully broad, allowing the definitions of ‘unlawful, ‘unfair’ and ‘fraudulent’ to evolve with business practices.

This statute has been used in a variety of contexts. If you think you have a claim under California’s Unfair Competition Law, contact an attorney experienced in consumer fraud or false advertising.

[1] Cal. Bus. & Prof. Code § 17200.

[2] Regarding legal claims, a per se violation refers to something that is illegal in and of itself, not requiring further proof.

[3] Cel-Tech Commc’ns, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal. 4th 163, 187 (1999).

[4] Bank of the W. v. Superior Court, 2 Cal. 4th 1254, 1267 (1992).

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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