Procedure for Reporting a Faulty Product to the CPSC

What Is the California Consumer Privacy Act?

There has been a lot of discussion about the privacy protections provided by the 2018 California Consumer Privacy Act (CCPA). Nevertheless, perhaps one of the CCPA's most relevant provisions will be one that has been somewhat overlooked: Section 1798.150, which allows for statutory damages of between $100 (US dollars) and $750 (US dollars) per user for certain data breaches per event. Indeed, if California had adopted Section 1798.150 alone, it would have gained dozens of studies on how its statutory remedy for damages would possibly lead to an increase in private class action "bet-the-company" lawsuits over data breaches. It has resulted in commentators spending less time analyzing its impact on businesses because it was enacted as just one provision in a first in the nation privacy law.

What Were the Laws in California Before California Consumer Privacy Act?

• Data Breach Notification Statute

California Civil Code §1798.82 allows individuals or businesses in California to notify citizens if a person experiences a security breach. Interestingly, section 1798.82(h) describes “personal information” as much narrower than that of the CCPA, to be either of:

1. First name or first and last name of a person in combination with one or more of the following data elements if either the name or the data elements are not encrypted:

• Social Security number
• Driver's license number or California identification card number
• Account number or credit or debit card number along with any security code, access code or debit card number required;
• Medical information;
• Information on health insurance;
• Information or data collected by the use or operation of an automated license plate recognition system as defined in Section 1798.90.5.

2. A username or email address along with a password or security question that would allow access to an online account.

The legislation mandates that notification be given to the affected individuals within the most expedient time possible and without delay. Or any appropriate action to assess the extent of the violation and restore the data system's fair integrity.

• Duty to Implement and Maintain Reasonable Security Measures

Section 1798.81.5 of the California Civil Code specifies that "a company that owns, licenses or preserves personal information about a citizen of California shall adopt and retain reasonable security procedures and practices relevant to the nature of the information to protect personal information from unauthorized access, destruction, usage, alteration or release". The law also requires that any business that discloses personal information under a non-affiliated third party contract requires that non-affiliated third party implement and maintain reasonable security procedures and practices.

• Private Right of Action

Before the California Consumer Privacy Act, there was a private right of action for data breach disclosure breaches and information. California Civil Code Articles 1798.84(b). Nevertheless, this private right of action does not provide for statutory damages.

Fighting Back Against Unfair Business Practices: Understanding the Consumers Legal Remedies Act in California

As consumers, we rely on businesses to provide goods and services that are safe, reliable, and most importantly, true. Unfortunately, this isn't always the case. Deceptive advertising, unfair pricing, and other unscrupulous business practices can leave consumers feeling cheated and frustrated. Fortunately, California law provides strong protections against these unfair practices through the Consumers Legal Remedies Act (CLRA). At KAASS LAW, we're dedicated to empowering consumers and holding businesses accountable for their actions. The following will explore the CLRA, explaining its purpose, prohibited practices, and how we can help you assert your rights as a consumer.

What is the Consumers Legal Remedies Act?

California Civil Code Section 1750, the California Consumer Legal Remedies Act declares several methods of competition and deceptive or unfair acts and practices undertaken by any person in a transaction intended to result or which results in the lease or sale of goods or services to any consumer. Unfair business practices covered under the California Consumer Legal Remedies Act include inserting fine print within rebate policies and selling used products under the label of "new."

Elements of Unfair Competition

According to CACI 4700, to establish this claim, the plaintiff must be able to prove all of the following:

• Plaintiff acquired, or sought to acquire, by purchase or lease a product or service for personal, family, or household purposes.
• Defendant undertook one of the prohibited actions mentioned in the California Civil Code Section 1770, representing the product or service had characteristics, uses, or benefits that it did not have.
• Plaintiff was harmed
• The plaintiff’sPlaintiff's harm resulted from the defendant's conduct.

The plaintiff's harm resulted from the defendant's conduct in case he relied on the defendant's representation. In order to prove reliance, the plaintiff must only prove that the representation was a substantial factor in his decision. In case the defendant's representation of fact was material, reliance can be inferred. A fact is considered material when a reasonable consumer would consider it important in deciding whether to buy or lease the service or good.

List of Prohibited Actions Under California Civil Code Section 1770(A)

California Consumer Legal Remedies Act covers a broad range of unfair business practices, with twenty-four specific unscrupulous acts mentioned within the consumer protection law. Here are the most common business practices covered under CLRA statutes:

• Advertising services or products with the aim of not selling them as advertised
• Advertising furniture without including the term "unassembled" if that is the case.
• Declaring the need for part replacement or repair service when neither service is needed
• Using deceptive advertising practices or representations that make false geographic claims
• Using the term "original" or "new" when the product was reconditioned, altered, or sold secondhand
• Making misleading or false claims against the products made by someone else
• Inserting untrue provisions within a contract

Remedies for Violating Consumers Legal Remedies Act Provisions

CLRA doesn't generally permit plaintiffs to receive monetary awards, but instead, gives them a legal right to seek punitive damages, as well as the restitution of services and property. Defendants can't recover attorney fees and in usually they pay the fees charged by plaintiff attorneys. According to California Civil Code Section 1780(a), consumers injured by unfair or deceptive practices can be entitled to recover:

• Actual damages
• Restitution of property
• Punitive damages
• An order enjoining such acts, methods, or practices,
• Any other relief which the court considers appropriate

In case a senior or disabled plaintiff suffers substantial emotional, physical, or economic damage as a result of the defendant's conduct, the plaintiff may be awarded additional damages of up to $5,000. The plaintiff will not award damages in case the defendant:

• Can prove that he didn't intentionally and willfully violate the CLRA provisions
• Makes an appropriate correction, replacement, repair, or other remedies for the services and goods.

How KAASS LAW Can Help

Navigating a CLRA claim can be complex, especially when dealing with large corporations or sophisticated businesses. KAASS LAW has extensive experience representing consumers in CLRA cases. We can help you:

• Understand your rights: We'll explain your rights under the CLRA and assess whether your rights have been in violation.
• Gather evidence: We'll help you gather evidence to support your claim, such as contracts, advertisements, and communications with the business.
• Negotiate with the business: We'll attempt to negotiate a fair resolution with the business on your behalf.
• File a lawsuit: If necessary, we'll file a lawsuit and represent you in court to seek the remedies you deserve.

Don't Let Businesses Take Advantage of You

The CLRA provides strong protections for consumers against unfair and deceptive business practices. If you believe you are a victim of harm from a business that has violated the CLRA, don't hesitate to contact KAASS LAW. We're here to help you fight back and protect your rights as a consumer.

Skateboard Product Liability in California

This post contains some basic information about skateboard product liability in California and the laws involved with riding skateboards. Skateboard laws are a general regulation for the locals and can change at any time so please make sure to consult with a professional near you for the most recent updates. Many US states enacted legislation that limits the liability of government entities and their employees for skateboard injuries. Recently, skateboarding in California was classified as a “hazardous recreational activity,” and as a result, it is more difficult to win lawsuits against the government for injuries suffered on public property.

California Laws and Regulations on Riding Skateboards

In California, local authorities have the ability to adopt their own skateboarding laws. According to California Vehicle Code Section, 21212, skateboarders under the age of 18 must wear federally approved helmets. Riders 18 years old and older are allowed to ride without wearing helmets, though this can result in comparative fault for injuries in a personal injury case. In most cities, it is legal for skateboarders to ride on the bikeways, streets, and public bicycle paths as long as they avoid business districts and ride non-motorized skateboards.

Electric Skateboard Laws in California

There are the following rules to operate an electric skateboard in California:

• A person must be at least 16 years old
• A person must wear a helmet
• A person must use a red rear reflector, white headlight, reflectors on each side of the board to ride at night
• A person can only ride on sidewalks, roads, and paths where the speed limit is 35 miles per hour or less
• A person can’t surpass 15 miles per hour on roads, public bicycle paths, sidewalks, or bikeways

Types of Skateboard Product Liability Claims

There are three basic types of skateboard product liability claims:

• Design defects
• Manufacturing defects
• Advertising defects and failure to warn of a risk

Skateboard Design Defect

Design defect creates a predictable risk of harm which could have been reduced or avoided by another reasonable design. In California law, a product is considered defectively designed if it fails the “consumer expectation test.” This means that the product must be as safe as a consumer would expect it to be when using it reasonably. Another way of having a product fall into it being a defect is when the product's harm outweighs its design in the first place.

Manufacturing Design Defect

Manufacturing defect takes place when a product departs from its intended design, even though all possible care could have been taken in the product’s manufacture and promotion.

Skateboard Failure to Warn Defect

In California, a person injured by a defective product has a right to sue anyone in the chain of production and supply, from the manufacturer through the retailer. A wholesaler or distributor can also be at risk regardless of his actual responsibility for the product’s defect. Thus, skateboard retailers and manufacturers can all be responsible for defective skateboards.

Products Liability Lawyer

Would you like to file a product liability lawsuit in California? Our product liability lawyers at KAASS Law can look into your situation, and provide you with a free consultation. Get in touch with us now at 310-943-1171.