The CLRA: California’s law against deceptive sales.

What is the Consumers Legal Remedies Act?

The Consumers Legal Remedies Act, Civil Code §1750 and following, has protected California shoppers since 1970. It applies whenever a business sells or leases goods or services to a consumer — an individual buying for personal, family or household purposes, not for a business (Civil Code §1761). The Legislature told courts to construe it liberally so that it protects consumers against unfair and deceptive business practices (§1760). And a consumer cannot sign its protections away: under §1751, any waiver of the Act by a consumer is void. (Arbitration clauses raise separate questions, and we review those case by case.)

Where the False Advertising Law and the Unfair Competition Law describe misconduct in general terms, the CLRA is specific. Section 1770(a) lists 29 practices that are unlawful in a consumer sale. If a company used one of them, the question is not whether the conduct was unfair in the abstract; it is whether the company did the thing the statute names.

Is a false "recyclable" label a CLRA violation?

Yes. It is also the most common CLRA issue we see. Section 1770(a)(5) prohibits representing that goods have "characteristics, ingredients, uses, benefits, or quantities that they do not have." A cup, container or wrapper marked "recyclable," or printed with the chasing-arrows symbol, when California recycling programs do not accept that material, claims a characteristic the product does not have. The same is true of "compostable," "sustainable" and "carbon neutral" claims that the company's own practices contradict. Section 1770(a)(2) adds a second hook where a product carries an environmental seal or certification it has not earned.

We plead these claims together with Business & Professions Code §17580.5, which bars untruthful or misleading environmental marketing claims, and §17580, which requires a company to keep written substantiation for its claims and provide it to anyone who asks. Read more about recycling and greenwashing claims

What other practices does the CLRA prohibit?

The practices in §1770(a) that come up most in the cases we see:

• False characteristics, ingredients or benefits — §1770(a)(5)"Natural" products with synthetic ingredients, protein or dosage claims the product does not deliver, and "clinically proven" claims with nothing behind them.
• False sponsorship, approval or certification — §1770(a)(2)Invented endorsements, certifications and approval seals.
• Deceptive geographic origin — §1770(a)(4)"Made in USA" or a place-of-origin claim that isn't true. Paragraph (a)(27) separately covers misuse of the official "Made in California" label.
• Used or reconditioned goods sold as new — §1770(a)(6)Refurbished, returned or secondhand goods passed off as new.
• A different standard, quality or grade — §1770(a)(7)A lower grade, model or quality than the one represented.
• Bait advertising — §1770(a)(9)Advertising goods or services with no intent to sell them as advertised.
• Fake price reductions — §1770(a)(13)False or misleading statements about why a price was cut, whether it was cut at all, or by how much.
• Misrepresented rights and warranties — §1770(a)(14)Telling a buyer a transaction carries rights, remedies or obligations it does not.
• Unconscionable contract terms — §1770(a)(19)Inserting a term in the contract that is so one-sided a court will not enforce it.
• Hidden mandatory fees — §1770(a)(29)Since July 1, 2024, advertising or displaying a price that leaves out mandatory fees, other than government taxes and actual shipping costs. More on hidden fees

What can you recover under the CLRA?

A consumer harmed by a practice listed in §1770 can ask the court for any of the remedies in Civil Code §1780(a):

• Actual damages. In a class action, the total damages award cannot be less than $1,000.
• An injunction ordering the company to stop, such as removing a "recyclable" claim from its packaging.
• Restitution of what was paid.
• Punitive damages, where the conduct warrants them.
• Any other relief the court considers proper.

Consumers who are 65 or older, or who have a disability, can seek up to $5,000 more if the court finds they suffered substantial physical, emotional or economic damage and the other conditions in §1780(b) are met. Under §1780(e), the court must award court costs and attorney's fees to a consumer who prevails. A company can recover its fees only if the court finds the consumer did not bring the case in good faith. Mandatory fee-shifting is what makes a claim over a few dollars worth bringing.

What is the 30-day CLRA notice?

Before a consumer files a claim for damages, Civil Code §1782 requires a written notice to the company at least 30 days in advance. The notice must identify the specific §1770 violations and demand that the company correct, repair, replace or otherwise fix the problem. It goes by certified or registered mail, return receipt requested, to the place where the purchase happened or to the company's principal place of business in California.

• If the company fixes itA company that gives, or agrees to give within a reasonable time, an appropriate remedy within 30 days of receiving the notice cannot be sued for damages by that consumer. In a class case, it must identify and offer the remedy to every similarly situated consumer and stop the practice.
• An injunction can be sought right awayA claim to stop the practice can be filed without waiting. After 30 days, and once the notice has been sent, the complaint can be amended to add damages.
• Nothing is lost by the company respondingA company's attempt to comply is treated as an offer to compromise, not an admission (§1782(e)). That encourages real fixes, and some companies do make them.

We draft and send the notice. It is a required step, and a defective notice can delay a damages claim.

How long do you have to bring a CLRA claim?

Three years from the date the unlawful practice was committed (Civil Code §1783). Claims under the Unfair Competition Law have four years (Business & Professions Code §17208). False Advertising Law claims generally have three (Code of Civil Procedure §338(a)). Because the CLRA deadline runs from the practice itself, it is worth acting while you still have the product and the receipt.

Where is a CLRA case filed, and can it be a class action?

A CLRA case can be filed in the county where the company resides, has its principal place of business or does business, or where the purchase or a substantial part of it took place. The plaintiff must file an affidavit showing the county is a proper one, or the case can be dismissed (§1780(d)). For a product sold across California, that often includes San Diego County.

When the same practice harmed other consumers, one consumer can sue on behalf of all of them (Civil Code §1781). The court must allow the case to proceed as a class action when joining everyone is impracticable, the common questions predominate, the representative's claims are typical, and the representative will fairly protect the class. Consumer labeling cases are usually brought this way. How class actions work

How does the CLRA work with the False Advertising Law and the UCL?

We usually plead all three because each reaches something the others don't. The CLRA has the specific list, damages, punitive damages and mandatory attorney's fees. The False Advertising Law (Business & Professions Code §17500) covers untrue or misleading advertising the company knew, or should have known, was misleading. The Unfair Competition Law (§17200) covers any unlawful, unfair or fraudulent practice and has the longest deadline. Those two statutes allow restitution and injunctions, not damages. See the consumer remedies overview

We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.