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California consumer rights around deceptive marketing are protected under several state laws, primarily the Consumers Legal Remedies Act (CLRA) and the Unfair Competition Law (UCL).

Consumers Legal Remedies Act (CLRA)

• Prohibition of Deceptive Practices: The CLRA prohibits a wide range of deceptive marketing practices, including false advertising, misrepresentation of goods or services, and concealment of important information.
• Right to Sue: Consumers have the right to sue businesses that engage in deceptive practices. They can seek damages, restitution, and injunctive relief.
• Notice Requirement: Before filing a lawsuit, consumers must provide the business with a 30-day notice of the alleged violation, giving the business an opportunity to correct the issue.
• Specific Prohibited Practices: The CLRA lists specific practices considered deceptive, such as representing goods as new when they are not, advertising goods with no intent to sell them as advertised, and representing that a transaction confers rights or remedies it does not.

Unfair Competition Law (UCL)

• Broad Prohibition: The UCL prohibits any unlawful, unfair, or fraudulent business act or practice and any unfair, deceptive, untrue, or misleading advertising.
• Standing to Sue: Both consumers and competitors have standing to sue under the UCL.
• Remedies: Remedies under the UCL include injunctions to stop the deceptive practice and restitution to return money or property obtained through deceptive practices.

False Advertising Law

• Truth in Advertising: This law specifically targets false or misleading advertising and requires that all claims made in advertisements be truthful and substantiated.
• Enforcement: The California Attorney General, district attorneys, and city attorneys can enforce the False Advertising Law. Consumers can also bring private lawsuits.

Additional Protections

• Right to Information: Consumers have the right to truthful and clear information about products and services to make informed decisions.
• Civil Penalties: Businesses found guilty of deceptive marketing can face significant civil penalties, including fines and mandatory corrective advertising.
• Class Action Suits: Consumers can join together in class action lawsuits to address widespread deceptive practices.

These laws ensure that consumers in California are protected from deceptive marketing practices, providing avenues for legal recourse and promoting fair business practices.