Consumer Fraud And Unfair Business Practices

Consumers are often unaware of their rights. Or, if they are aware of their rights, they believe their cases may be too trivial to bring legal action. Through class action claims, our attorneys enable groups of consumers to obtain justice without the expense of individually hiring lawyers.

Westrup & Associates is in the business of recovering compensation for consumers who were defrauded when they purchased products or services. We help enforce the law with regard to commercial transactions and business practices by bringing class action lawsuits against offending merchants and businesses.California Supreme Court agrees with consumer and holds that a business owes a continuing "duty not to impose unfair charges in monthly bills." Aryeh v Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185.*
*Westrup & Associates represents the consumer in this leading California Supreme Court UCL decision.
Business acts that might be unfair, unlawful or fraudulent to consumers could include the following types of cases: (a) overcharges regarding consumer services or products; (b) overcharges by internet service providers; (c) unfair practices concerning warranties or rebate offers; (d) misleading or false claims regarding consumer services or products; and (e) unfair home sales tactics regarding home improvement products.

  • Overcharges for consumer services or products
  • Overcharges by an internet service provider
  • Manufacturers or merchants who engage in unfair business practices concerning an extended warranty or rebate offer
  • Manufacturers or merchants who make misleading or false claims about a consumer service or product
  • Companies who use unfair home sales tactics regarding home improvement products
  • Merchants who make unlawful requests for consumers' personal information (e.g., name and address or phone number) during credit card sales transactions
  • Landlords who fail to timely refund tenants' rental security deposit
  • Landlords who fail to properly account for rental security deposit deductions
  • Banks who engage in unlawful levies on direct deposit accounts related to government benefits such as SSDI, SSI, pension payouts or veterans' benefits
  • Merchants who unlawfully sell gift certificates bearing expiration dates

A class action waiver in an internet service agreement was substantively unconscionable, where provider began charging customers for the service as soon as they ordered the service, although the company knew or should have known, that the service would not be available until after a modem was delivered, as a result of which numerous consumers were cheated out of small sums of money through deliberate behavior. Aral v. EarthLink, Inc. (2005) 134 Cal.App.4th 544*