The claim encompasses passing off, trade secret misappropriation, false advertising, and in some states a broad statutory standard reaching any unfair or fraudulent practice. Scope varies dramatically by jurisdiction.
California's statute is notably broad.
Alternative Names:
Unfair Competition Claim|Unfair Business Practices
Why it Matters?
Broad statutory unfair competition provisions reach conduct that no common law tort would cover, and California's borrowing of violations from other statutes as predicate unfair practices makes almost any regulatory violation actionable by a competitor or consumer. Standing limitations following Proposition 64 restrict who may sue, requiring actual injury and lost money or property. Remedies are frequently limited to restitution and injunctive relief.
Frequently Confused with
Related terms
Frequently asked questions
Why are statutory claims broader?
What limits these claims?
