California Consumer Refunds & CLRA Demand Letters

Consumer Legal Remedies Act (Civil Code 1750-1785) | 30-Day Notice Requirements

California Consumer Legal Remedies Act (CLRA)
Core Legal Framework: The California Consumer Legal Remedies Act (Cal. Civil Code sections 1750-1785) is one of the most powerful consumer protection statutes in the nation, prohibiting unfair and deceptive practices in consumer transactions and providing broad remedies including actual damages, punitive damages, injunctive relief, and attorney fees.
CLRA Overview (Civil Code sections 1750-1785)

The CLRA applies to transactions involving the sale or lease of goods or services to consumers for personal, family, or household purposes. Key features include:

  • Broad Coverage: Applies to virtually any consumer transaction including retail purchases, service contracts, vehicle sales, and online purchases
  • No Minimum Amount: Unlike some statutes, there is no minimum dollar threshold for CLRA claims
  • Cannot Be Waived: Any waiver of CLRA rights by the consumer is void and unenforceable (Civil Code section 1751)
  • Attorney Fees: Prevailing consumers are entitled to recover attorney fees and costs (Civil Code section 1780(e))
  • Class Actions: The CLRA expressly authorizes class action lawsuits (Civil Code section 1781)
The Critical 30-Day Notice Requirement
Important: Before filing a lawsuit for damages under the CLRA, consumers must provide the defendant with written notice of the alleged violations and give them 30 days to cure the defect, correct the misrepresentation, or make other appropriate remedies. This notice requirement is mandatory for damages claims but NOT required for injunctive relief.

Civil Code section 1782 establishes the 30-day notice procedure:

  • Written Notice Required: Must be in writing, sent by certified or registered mail, return receipt requested
  • Content Requirements: Must identify the specific practice alleged to violate the CLRA and the harm suffered
  • 30-Day Cure Period: Defendant has 30 days from receipt to offer an "appropriate correction, repair, replacement, or other remedy"
  • Reasonable Response: If the defendant makes a reasonable offer within 30 days, damages (but not injunctive relief) may be limited
  • No Notice for Injunctive Relief: You can file immediately for injunctive relief without the 30-day notice
California's Unfair Competition Law (UCL) - Bus. & Prof. Code section 17200

The UCL works alongside the CLRA to provide additional consumer protections:

  • Broader Scope: The UCL covers any unlawful, unfair, or fraudulent business act or practice
  • No 30-Day Notice: Unlike the CLRA, the UCL does not require pre-suit notice
  • Restitution Available: Consumers can recover money or property lost due to unfair practices
  • Injunctive Relief: Courts can order businesses to stop unlawful practices
  • Private Attorney General: Consumers can sue on behalf of the general public
Strategic Tip: Many consumer attorneys plead both CLRA and UCL claims together. The CLRA provides stronger damages remedies (including punitive damages), while the UCL provides broader coverage and does not require the 30-day notice for all relief.
Other Applicable California Consumer Statutes
Statute Coverage Key Features
False Advertising Law (Bus. & Prof. Code section 17500) Untrue or misleading advertising Injunctive relief, civil penalties, no pre-suit notice required
Song-Beverly Consumer Warranty Act (Civil Code section 1790+) Consumer product warranties "Lemon law" for defective products, attorney fees
Automatic Renewal Law (Bus. & Prof. Code section 17600+) Subscription services and auto-renewals Clear disclosure requirements, easy cancellation
California Consumer Privacy Act (Civil Code section 1798.100+) Data privacy violations Statutory damages, private right of action for data breaches

Related Consumer Protection Resources

CLRA Prohibited Practices (Civil Code section 1770)
27 Prohibited Practices: Civil Code section 1770(a) lists 27 specific unfair methods of competition and unfair or deceptive acts or practices in transactions intended to result in the sale or lease of goods or services to any consumer.
Misrepresentations About Products or Services
  • (a)(1) - False Source: Passing off goods or services as those of another
  • (a)(2) - False Origin: Misrepresenting the source, sponsorship, approval, or certification of goods or services
  • (a)(3) - False Affiliation: Misrepresenting affiliation, connection, or association with another
  • (a)(4) - False Geographic Origin: Using deceptive representations or designations of geographic origin
  • (a)(5) - Used as New: Representing that goods are original or new if they have been deteriorated, altered, reconditioned, reclaimed, used, or secondhand
  • (a)(7) - Quality Misrepresentation: Representing that goods or services are of a particular standard, quality, or grade if they are not
  • (a)(8) - Unnecessary Work: Disparaging goods, services, or business of another by false or misleading representation of fact
Deceptive Advertising and Bait & Switch
Bait and Switch (section 1770(a)(9)): Advertising goods or services with intent not to sell them as advertised is one of the most commonly violated CLRA provisions. This includes advertising a low price to lure customers, then pressuring them to buy a more expensive item.
  • (a)(9) - Bait & Switch: Advertising goods or services with intent not to sell them as advertised
  • (a)(13) - Quantity Misrepresentation: Making false or misleading statements of fact concerning reasons for, existence of, or amounts of price reductions
  • (a)(14) - Free Goods Fraud: Representing that goods or services are "free" when they are not
  • (a)(16) - "Going Out of Business" Fraud: Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve
False Representations About Terms and Conditions
  • (a)(6) - Certification Fraud: Representing that goods are new if they are deteriorated, reconditioned, or used
  • (a)(10) - Secret Rebates: Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity
  • (a)(11) - False Warranties: Representing that parts, replacement, or repair service is needed when it is not
  • (a)(12) - Material Omissions: Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not
  • (a)(19) - Failure to Honor Warranties: Inserting an unconscionable provision in the contract
Pricing and Credit Violations
  • (a)(13) - Price Reduction Fraud: Making false or misleading statements concerning the existence of or amounts of price reductions
  • (a)(20) - Credit Terms: Advertising goods or services with false or misleading information regarding credit terms
  • (a)(21) - Electronic Funds Transfer: Representing that a consumer will receive a rebate or discount if the consumer enters into a transaction in connection with a loan
Consumer Safety and Health Claims
  • (a)(15) - Safety Claims: Representing that goods or services have sponsorship, approval, characteristics, uses, or benefits which they do not have
  • (a)(22-27) - Senior Fraud: Various protections specifically targeting fraud directed at senior citizens
Common CLRA Violation Examples:
  • Car dealer advertises vehicle at low price but refuses to sell at that price (bait & switch)
  • Gym sells "lifetime" memberships then closes or changes terms
  • Retailer advertises "50% off" from inflated "regular" prices never actually charged
  • Home contractor claims repairs are urgently needed when they are not
  • Online retailer misrepresents product features, quality, or origin
  • Service provider adds hidden fees not disclosed at time of sale
  • Company sells refurbished products as "new"
Proving a CLRA Violation

To establish a CLRA violation, a consumer must prove:

Element What You Must Show
Consumer Transaction The transaction involved goods or services for personal, family, or household use
Prohibited Practice The defendant engaged in one of the 27 prohibited practices under section 1770(a)
Causation You relied on the misrepresentation or were harmed by the prohibited practice
Damages You suffered actual harm (economic loss, out-of-pocket expenses, etc.)

Related Consumer Protection Resources

Writing Your CLRA 30-Day Demand Letter
Critical Requirement: The 30-day notice letter is a mandatory prerequisite to filing a lawsuit for damages under the CLRA. If you skip this step, your damages claim will be dismissed. Take time to craft a thorough, well-documented demand letter.
Step 1: Gather Your Evidence

Before drafting your letter, compile all relevant documentation:

  • Purchase Records: Receipts, invoices, credit card statements, order confirmations
  • Advertisements: Screenshots, printouts, or photos of misleading ads, website claims, or marketing materials
  • Contracts: Sales agreements, service contracts, warranties, terms and conditions
  • Communications: Emails, texts, chat logs, and recorded calls with the seller
  • Photos/Videos: Document defective products, damaged goods, or services not as described
  • Expert Reports: If applicable, obtain professional assessments of defects or misrepresentations
  • Damage Calculations: Quantify your losses including purchase price, repair costs, replacement costs, and consequential damages
Step 2: Identify the Specific CLRA Violation(s)

Your letter must cite the specific provisions of Civil Code section 1770(a) that were violated:

If the Business Did This... Cite This Section
Advertised a product/price with no intent to sell as advertised Section 1770(a)(9) - Bait and Switch
Misrepresented product quality, features, or benefits Section 1770(a)(5), (7), or (15)
Sold used/refurbished items as new Section 1770(a)(5) - Used as New
Made false claims about discounts or price reductions Section 1770(a)(13) - False Price Reductions
Failed to disclose material information Section 1770(a)(12) - Material Omissions
Included unconscionable contract terms Section 1770(a)(19) - Unconscionable Provisions
Step 3: Required Letter Components
Civil Code section 1782 Requirements: Your notice must (1) be in writing, (2) be sent by certified or registered mail with return receipt requested, (3) identify the specific CLRA violations alleged, and (4) describe the harm you suffered.
Component What to Include
Header Your name, address, phone, email; date; company's legal name and address (use registered agent for service of process if known)
Subject Line "NOTICE PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1782 - CONSUMER LEGAL REMEDIES ACT"
Transaction Description Date of purchase, product/service description, amount paid, transaction details
Specific Violations Cite exact subsections of Civil Code section 1770(a) violated with factual basis for each
Harm Suffered Describe how you were damaged (economic loss, reliance on misrepresentation, etc.)
Demand for Relief Specify what remedy you are seeking: refund, replacement, repair, damages amount
30-Day Deadline State that recipient has 30 days from receipt to cure the violation or make appropriate remedy
Litigation Warning State that you will pursue legal action if no adequate response is received
Step 4: Sending Your Letter
  • Certified Mail, Return Receipt Requested: This is required by the CLRA statute. Keep the green return receipt card as proof of delivery.
  • Email Copy (Optional): Send a courtesy copy via email for faster notice, but the certified mail is what counts legally.
  • Keep Copies: Retain copies of the letter, all attachments, the certified mail receipt, and the return receipt.
  • Calendar the Deadline: Mark 30 days from the date of delivery (not mailing) - this is when you can file suit if no adequate response.
Addressing Your Letter: Send the letter to the company's legal department, registered agent, or principal place of business. For large corporations, you can find the registered agent through the California Secretary of State's business search at bizfileonline.sos.ca.gov.
Step 5: After Sending - What to Expect

After receiving your CLRA notice, the business may:

  • Ignore It: If no response within 30 days, you can proceed with lawsuit for full damages
  • Deny Wrongdoing: Company disputes your claims - you can still file suit after 30 days
  • Offer Partial Remedy: Company offers less than you demanded - evaluate whether reasonable
  • Offer Full Remedy: If they fully cure the violation within 30 days, damages may be limited
  • Request Discussion: Company may want to negotiate - consider but do not waive your rights
If They Respond: Document all communications. If an offer is made, get it in writing. Do not sign any release of claims without attorney review. A settlement agreement should specify exactly what you are releasing and what you are receiving.

Related Consumer Protection Resources

Sample CLRA 30-Day Demand Letters
Sample 1: Bait and Switch / Deceptive Advertising
[Your Name] [Your Address] [City, CA ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Company Legal Name] Attn: Legal Department / Registered Agent [Company Address] [City, CA ZIP] RE: NOTICE PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1782 CONSUMER LEGAL REMEDIES ACT VIOLATION Transaction Date: [Date] Order/Invoice Number: [Number] Dear Sir or Madam: This letter constitutes formal notice pursuant to California Civil Code Section 1782 of the Consumer Legal Remedies Act (CLRA), Civil Code Sections 1750-1785. I am providing you with the required 30-day notice before commencing legal action for violations of the CLRA arising from my transaction with your company. FACTUAL BACKGROUND: On [Date], I purchased [describe product/service] from [Company Name] for $[amount]. My purchase was based on your advertisement [describe where seen - website, store, flyer, etc.] which represented that [describe the representation - e.g., "the product would include specific features," "was available at the advertised price of $X," "was new and unused," etc.]. Upon [receiving the product / completing the transaction / attempting to use the service], I discovered that the representation was false. Specifically: [Describe exactly what was different from what was advertised. Be specific with facts, dates, and details. For example:] - The advertised price of $[X] was not honored; instead I was charged $[Y] - The product was described as "new" but arrived in used/refurbished condition - The advertised features of [X, Y, Z] were not included - The service described was not performed as represented CLRA VIOLATIONS: Based on the foregoing facts, [Company Name] has violated the following provisions of California Civil Code Section 1770(a): 1. Section 1770(a)(9): Advertising goods or services with intent not to sell them as advertised. Your company advertised [product/service] at [price/with features] but refused to honor those terms, instead [describe what actually happened]. 2. Section 1770(a)(5): Representing that goods are original or new if they have deteriorated, been reconditioned, reclaimed, or are used or secondhand. [If applicable] 3. Section 1770(a)(7): Representing that goods or services are of a particular standard, quality, or grade, if they are of another. [If applicable] 4. Section 1770(a)(13): Making false or misleading statements of fact concerning reasons for, existence of, or amounts of price reductions. [If applicable] DAMAGES SUFFERED: As a direct result of your CLRA violations, I have suffered the following damages: - Purchase price paid: $[amount] - [Additional costs incurred - shipping, installation, etc.]: $[amount] - [Cost of replacement product/service]: $[amount] - [Other consequential damages]: $[amount] - Time and expenses incurred addressing this matter Total Economic Damages: $[amount] DEMAND FOR RELIEF: Pursuant to Civil Code Section 1780, I demand the following relief: 1. Full refund of all amounts paid: $[amount] 2. Reimbursement for consequential damages: $[amount] 3. Written confirmation that your company will cease the deceptive advertising practices described herein LEGAL NOTICE: You have thirty (30) days from receipt of this letter to provide an appropriate correction, repair, replacement, or other remedy as required by Civil Code Section 1782(a). If you fail to provide adequate relief within 30 days, I will pursue all available remedies under the CLRA, including but not limited to: - Actual damages suffered - Punitive damages for willful violations (Civil Code Section 1780(a)(4)) - Injunctive relief - Attorney fees and costs (Civil Code Section 1780(e)) I will also pursue claims under California's Unfair Competition Law (Business & Professions Code Section 17200) and any other applicable statutes. I reserve all rights and remedies available to me under California law. Please direct all correspondence regarding this matter to my address above. Sincerely, _______________________ [Your Signature] [Your Printed Name] Enclosures: - Copy of receipt/invoice dated [Date] - Screenshot of advertisement dated [Date] - [List other supporting documents] cc: California Attorney General, Consumer Protection Section [optional] California Department of Consumer Affairs [optional]
Sample 2: Defective Product / Misrepresentation of Quality
[Your Name] [Your Address] [City, CA ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Company Legal Name] Attn: Legal Department [Company Address] [City, CA ZIP] RE: NOTICE PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1782 CLRA VIOLATION - DEFECTIVE PRODUCT / QUALITY MISREPRESENTATION Product: [Product Name/Model] Purchase Date: [Date] Order Number: [Number] Dear Sir or Madam: This letter serves as formal notice pursuant to California Civil Code Section 1782 of the Consumer Legal Remedies Act. You have 30 days from receipt of this notice to correct the violations described below before I initiate legal proceedings. TRANSACTION AND PRODUCT INFORMATION: On [Date], I purchased [Product Name] from [Company Name / retailer] for $[amount]. The product was represented as [describe representations made - quality, features, durability, performance specifications, etc.]. The product was advertised and described as: - [Specific claim #1 - e.g., "industrial grade construction"] - [Specific claim #2 - e.g., "rated for 10,000 hours of use"] - [Specific claim #3 - e.g., "includes 5-year manufacturer warranty"] PRODUCT DEFECTS AND MISREPRESENTATIONS: The product I received does not conform to these representations. Within [timeframe] of purchase/use, the following problems manifested: 1. [Describe defect #1 in detail - when discovered, what happened, how it differs from representation] 2. [Describe defect #2 in detail] 3. [Describe defect #3 in detail] I contacted your customer service department on [Date(s)] to report these issues and request [refund/replacement/repair]. Your company [describe response - denied claim, offered inadequate remedy, failed to respond, etc.]. CLRA VIOLATIONS: Your company has violated the following provisions of California Civil Code Section 1770(a): 1. Section 1770(a)(7): Representing that goods are of a particular standard, quality, or grade when they are not. You represented the [Product] as [quality representation] when in fact it is [actual quality]. 2. Section 1770(a)(5): Representing that goods are original or new when they have been deteriorated, altered, or reconditioned. [If applicable] 3. Section 1770(a)(12): Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not. 4. Section 1770(a)(15): Representing that goods have characteristics, uses, benefits, or quantities that they do not have. UNFAIR COMPETITION LAW VIOLATION: Additionally, the above conduct constitutes an unlawful, unfair, and/or fraudulent business practice in violation of California Business & Professions Code Section 17200. DAMAGES: As a result of your violations, I have suffered the following damages: - Purchase price: $[amount] - Shipping/handling: $[amount] - [Repair costs / replacement costs]: $[amount] - [Consequential damages - property damage, lost use, etc.]: $[amount] DEMAND: I demand the following within 30 days of your receipt of this notice: 1. Full refund of the purchase price: $[amount] 2. Reimbursement for all incidental and consequential damages: $[amount] 3. Written acknowledgment of the defects and commitment to cease misrepresenting product quality CONSEQUENCES OF NON-COMPLIANCE: If you fail to provide adequate relief within 30 days, I will file a lawsuit seeking: - All actual damages - Punitive damages for willful violations (Civil Code Section 1780(a)(4)) - Attorney fees and costs (Civil Code Section 1780(e)) - Injunctive relief under the CLRA and UCL Please respond in writing to the address above. Sincerely, _______________________ [Your Signature] [Your Printed Name] Enclosures: - Purchase receipt dated [Date] - Photos of defective product - Copies of communications with customer service - Product advertising/marketing materials
Sample 3: Hidden Fees / Unauthorized Charges
[Your Name] [Your Address] [City, CA ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Company Legal Name] Attn: Legal Department / Billing Disputes [Company Address] [City, CA ZIP] RE: NOTICE PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1782 CLRA VIOLATION - HIDDEN FEES AND UNAUTHORIZED CHARGES Account Number: [Number] Date of Transaction(s): [Date(s)] Dear Sir or Madam: This letter constitutes formal notice pursuant to California Civil Code Section 1782 of the Consumer Legal Remedies Act (Civil Code Sections 1750-1785). I am providing you with the required 30-day notice period to cure the violations described below. TRANSACTION HISTORY: On [Date], I [purchased/enrolled in/signed up for] [describe product or service] from [Company Name]. At the time of purchase, the total price was represented as $[amount]. The terms represented included [describe what was told - monthly price, one-time fee, no additional charges, etc.]. UNAUTHORIZED AND HIDDEN CHARGES: Subsequently, I discovered that your company charged me the following fees that were not disclosed at the time of purchase: 1. [Fee name]: $[amount] - charged on [Date] - This was never disclosed 2. [Fee name]: $[amount] - charged on [Date] - This contradicts the represented price 3. [Fee name]: $[amount] - charged on [Date] - This was buried in fine print not shown at checkout 4. Recurring charges of $[amount]/month beginning [Date] that I did not authorize Total unauthorized/undisclosed charges: $[amount] I contacted your company on [Date(s)] to dispute these charges. Your representatives [describe response - refused refund, claimed charges were disclosed, offered partial credit, etc.]. CLRA VIOLATIONS: Your conduct violates multiple provisions of California Civil Code Section 1770(a): 1. Section 1770(a)(9): Advertising goods or services with intent not to sell them as advertised. You advertised the price as $[amount] but charged $[higher amount]. 2. Section 1770(a)(13): Making false or misleading statements concerning the existence of or amounts of price reductions or the price in comparison to the price of a competitor. 3. Section 1770(a)(14): Representing that a transaction confers rights, remedies, or obligations that it does not. 4. Section 1770(a)(19): Inserting unconscionable provisions in the contract. The hidden fee terms were not conspicuously disclosed and are unconscionable. ADDITIONAL VIOLATIONS: Your conduct also violates: - California Business & Professions Code Section 17200 (Unfair Competition Law) - California Business & Professions Code Section 17500 (False Advertising Law) - California Automatic Renewal Law (Bus. & Prof. Code Section 17600 et seq.) [if applicable] DAMAGES: I have been damaged in the amount of $[total of unauthorized charges], plus interest and the time and expense of addressing this matter. DEMAND: Within 30 days of receipt of this notice, I demand: 1. Full refund of all unauthorized/undisclosed charges: $[amount] 2. Cancellation of any recurring charges without penalty 3. Written confirmation that no further charges will be made to my account 4. Removal of any negative credit reporting related to disputed charges LEGAL ACTION: If you do not provide full relief within 30 days, I will pursue legal action seeking: - Actual damages - Punitive damages for willful violations - Attorney fees and costs - Injunctive relief I also intend to file complaints with the California Attorney General, the California Department of Consumer Affairs, and the Federal Trade Commission. Respond in writing to the address above. Sincerely, _______________________ [Your Signature] [Your Printed Name] Enclosures: - Original order confirmation showing price as $[amount] - Credit card/bank statements showing unauthorized charges - Screenshots of advertised pricing - Copies of communications with customer service

Related Consumer Protection Resources

CLRA Remedies & Class Action Procedures
Available Remedies Under the CLRA
Civil Code Section 1780: The CLRA provides powerful remedies including actual damages, punitive damages, restitution, injunctive relief, and attorney fees. Unlike many consumer statutes, the CLRA allows punitive damages for willful violations.
Remedy Description Requirements
Actual Damages Compensation for economic losses suffered Prove causation between violation and harm
Punitive Damages Additional damages to punish willful misconduct Must prove violation was "willful" - intentional or reckless
Restitution Return of money or property obtained through violation Available under CLRA and UCL claims
Injunctive Relief Court order requiring business to stop illegal conduct No 30-day notice required; available immediately
Attorney Fees Reimbursement of legal costs if consumer prevails Mandatory award to prevailing consumer plaintiff
Actual Damages

Actual damages under the CLRA include:

  • Out-of-Pocket Losses: The difference between what you paid and what you received
  • Benefit-of-the-Bargain: The difference between the value as represented and actual value
  • Consequential Damages: Additional losses caused by the violation (repair costs, replacement costs, lost profits)
  • Incidental Damages: Costs incurred addressing the problem (shipping, inspection fees, etc.)
Punitive Damages for Willful Violations
Punitive Damages Available: Unlike many consumer protection statutes, the CLRA explicitly authorizes punitive damages when a defendant's violation was "willful." This means intentional misconduct or reckless disregard for consumer rights.

To recover punitive damages, you must prove:

  • Willful Conduct: The defendant knew or should have known the conduct was unlawful
  • Pattern of Conduct: Evidence of repeated violations strengthens punitive damages claims
  • Management Involvement: Decisions made or ratified by corporate management
  • Continued Conduct: Defendant continued conduct after receiving complaints
Injunctive Relief

Courts can order businesses to:

  • Stop deceptive advertising or sales practices
  • Correct false statements in advertising
  • Provide restitution to affected consumers
  • Implement compliance programs
  • Report on corrective measures taken
No 30-Day Notice for Injunctions: If you are seeking only injunctive relief (not damages), you can file suit immediately without the 30-day notice. Many consumer attorneys file for injunctive relief first, then add damages claims after the notice period.
CLRA Class Actions
Civil Code Section 1781: The CLRA expressly authorizes class action lawsuits when common questions of law or fact predominate and a class action is superior to individual litigation.

Class action requirements under the CLRA:

  • Numerosity: It would be impracticable to bring all class members before the court individually
  • Common Questions: Questions of law or fact common to the class predominate
  • Typicality: The claims of the representative plaintiffs are typical of the class
  • Adequacy: The representative plaintiffs will fairly and adequately protect the interests of the class
  • Superiority: A class action is superior to other methods of adjudication
UCL Claims (Bus. & Prof. Code Section 17200)

The Unfair Competition Law provides complementary remedies:

UCL Remedy Description
Restitution Return of money or property to consumers
Disgorgement Defendant gives up ill-gotten gains
Injunctive Relief Court orders to stop unfair practices
Civil Penalties Up to $2,500 per violation (in government actions)
UCL Limitations: Unlike the CLRA, the UCL does not provide for punitive damages or attorney fees in private actions. However, it has broader coverage (any unfair practice) and no 30-day notice requirement.
Statute of Limitations
  • CLRA: Three (3) years from the date of the violation (Civil Code section 1783)
  • UCL: Four (4) years from the date of the violation
  • Discovery Rule: The limitations period may be tolled until you discover or should have discovered the violation
Venue and Jurisdiction

CLRA cases must be filed in:

  • Primary Venue: The county where the consumer resides at the time of filing
  • Alternative Venue: The county where the transaction occurred
  • Alternative Venue: The county where the defendant has its principal place of business
  • Small Claims: Available for claims up to $12,500 (individuals) or $6,250 (businesses)

Related Consumer Protection Resources

Attorney Services
Need Help With Your Consumer Rights Case?

I help California consumers enforce their rights under the CLRA, UCL, and other consumer protection statutes. From demand letter drafting to litigation, I can help you recover refunds, damages, and hold businesses accountable for deceptive practices.

How I Can Help
  • CLRA 30-Day Notice Letters: I draft comprehensive, legally compliant demand letters that satisfy the statutory requirements and maximize your chances of a favorable resolution
  • Case Evaluation: I assess your documentation and advise on the strength of your claims and potential recovery
  • Negotiation: I negotiate directly with businesses and their attorneys to resolve disputes without litigation when possible
  • Litigation: I file and prosecute CLRA, UCL, and related claims in California courts
  • Class Actions: For widespread deceptive practices affecting many consumers, I evaluate and pursue class action claims
  • Appeals: I handle appeals of adverse judgments in consumer protection cases
Types of Cases I Handle
  • Bait and switch advertising schemes
  • False advertising and deceptive marketing
  • Defective products sold with false quality claims
  • Hidden fees and unauthorized charges
  • Used products sold as new
  • False discount and price reduction claims
  • Warranty violations and refund denials
  • Subscription and auto-renewal fraud
  • Online purchase disputes
  • Vehicle sales fraud (mileage rollback, salvage title concealment)
  • Home improvement contractor fraud
  • Timeshare and vacation club deception
When to Consult an Attorney
Consider consulting an attorney if:
  • Your claim involves significant damages (over $5,000)
  • The business has refused to provide a refund or adequate remedy
  • You believe the business engaged in intentional or willful misconduct (potential punitive damages)
  • You want to ensure your 30-day notice letter is legally sufficient
  • The business has threatened or filed a lawsuit against you
  • You believe many other consumers were affected (potential class action)
  • You need help navigating the court system
Fee Structures

Consumer protection cases may be handled on various fee arrangements:

  • Contingency Fee: No upfront cost; attorney fees paid from recovery (common in larger cases)
  • Hourly Rate: Pay as you go for attorney time (suitable for smaller matters)
  • Demand letter: Flat fee $450
  • Statutory Fee Recovery: The CLRA mandates attorney fee awards to prevailing consumers, which can offset your costs
Schedule a Consultation

Book a call to discuss your consumer rights issue. I will review your situation, explain your legal options, and recommend the best strategy for enforcing your rights under California law.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Before you can sue for damages under the Consumer Legal Remedies Act, you must send the business a written notice identifying the CLRA violations and giving them 30 days to cure the problem. The notice must be sent by certified or registered mail with return receipt requested. If the business fails to provide an adequate remedy within 30 days, you can then file a lawsuit seeking actual damages, punitive damages (if willful), injunctive relief, and attorney fees. Note that the 30-day notice is NOT required if you are only seeking injunctive relief.
The CLRA provides for several types of damages: (1) Actual damages, which include out-of-pocket losses and consequential damages; (2) Punitive damages if the violation was "willful" - meaning intentional or with reckless disregard; (3) Restitution of money paid; (4) Injunctive relief ordering the business to stop the illegal conduct; and (5) Attorney fees and costs, which are mandatory for prevailing consumers. There is no cap on damages under the CLRA.
Yes. Civil Code Section 1781 expressly authorizes class actions under the CLRA when: (1) it would be impracticable to bring all class members before the court; (2) common questions of law or fact predominate; (3) the claims of the representatives are typical; and (4) the representatives will adequately protect class interests. Class actions are particularly appropriate when a business engages in widespread deceptive practices affecting many consumers in similar ways.
The CLRA (Civil Code Sections 1750-1785) and UCL (Business & Professions Code Section 17200) are complementary consumer protection statutes. Key differences: (1) The CLRA lists 27 specific prohibited practices, while the UCL covers any unlawful, unfair, or fraudulent business practice; (2) The CLRA requires 30-day notice before suing for damages, while the UCL has no notice requirement; (3) The CLRA allows punitive damages for willful violations and mandatory attorney fees, while the UCL only provides restitution and injunctive relief in private actions; (4) The CLRA only applies to consumer transactions, while the UCL covers any business practice. Many attorneys plead both claims together.
The statute of limitations for CLRA claims is three (3) years from the date of the violation. For UCL claims, it is four (4) years. However, the "discovery rule" may extend this period if you did not discover and could not reasonably have discovered the violation until later. The limitations period begins when you knew or should have known about the deceptive practice. Do not delay in asserting your rights - the sooner you act, the stronger your case.
No. Civil Code Section 1751 provides that any waiver by a consumer of the provisions of the CLRA is void and unenforceable. This means that contract terms purporting to waive your rights, limit damages, or require you to give up class action rights under the CLRA are not enforceable. However, arbitration clauses may still be enforceable under federal law, though they cannot eliminate your substantive CLRA rights.
If the business makes an offer within 30 days of receiving your notice, you should carefully evaluate whether it is an "appropriate" remedy. If the offer fully compensates you for your losses, accepting it may be reasonable. If the offer is inadequate, you can reject it and proceed with litigation. Be aware that if a business makes a reasonable good-faith offer and you reject it, a court may limit your damages to what was offered plus attorney fees incurred before the offer. Document all offers in writing and consult an attorney before accepting or rejecting.
Protect Your Consumer Rights

California's Consumer Legal Remedies Act gives you powerful tools to fight deceptive business practices. Whether you need help drafting your 30-day notice letter or want to pursue litigation for damages, I can help you enforce your rights and recover what you are owed.

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California Consumer Legal Remedies Act: Your Rights

The California Consumer Legal Remedies Act (CLRA) is one of the strongest consumer protection laws in the United States. It prohibits 27 specific deceptive and unfair business practices in consumer transactions and provides robust remedies including actual damages, punitive damages for willful violations, injunctive relief, and mandatory attorney fees for prevailing consumers.

Common CLRA Violations

The 30-Day Notice Requirement

Before suing for damages under the CLRA, you must send a written demand letter via certified mail giving the business 30 days to cure the violation. This notice must identify the specific CLRA provisions violated and describe the harm you suffered. Failure to send proper notice can result in dismissal of your damages claim.

UCL and CLRA: Complementary Protections

California's Unfair Competition Law (Business & Professions Code Section 17200) works alongside the CLRA to provide comprehensive consumer protection. While the UCL does not require pre-suit notice and covers any unlawful or unfair practice, the CLRA provides stronger remedies including punitive damages and attorney fees. Experienced consumer attorneys often plead both claims together.