US-CaliforniaConsumer Rights
Refunds, warranties, debt collection, online shopping, credit card chargebacks
25 questions
🚪
Door-to-Door Sales
(3)How many days do I have to cancel a door-to-door sale?
You have 3 business days to cancel a door-to-door sale in California.
Can I cancel a contract signed at my doorstep in California?
Yes, you can cancel most contracts signed at your home in California within 3 business days under the Home Solicitation Sales Act.
Can I return a gym membership under California consumer law?
Yes, you can cancel a gym membership in California within 5 business days of signing — and get a full refund — if the contract was signed at a location other than the gym's permanent place of business.
🛡️
Warranties & Protections
(5)Can a business disclaim implied warranties in California?
Yes, a business can disclaim implied warranties in California, but only if the disclaimer is conspicuous and meets strict statutory requirements under the Commercial Code.
Does the Song-Beverly Act cover used products sold with a warranty?
Yes, the Song-Beverly Consumer Warranty Act applies to used products sold with a written warranty in California.
What warranties come with a new product I buy in California?
In California, new products come with implied warranties of merchantability and fitness for a particular purpose, plus any express warranties made by the seller. These protections apply automatically unless properly disclaimed.
What recourse do I have if a contractor does shoddy work on my home?
You can demand repairs, withhold payment, sue for damages, or file a complaint with the California Contractors State License Board (CSLB). You generally have up to 4 years from substantial completion to sue for breach of contract.
Can I get treble damages under California consumer protection law?
Yes, you may recover treble damages under California's False Advertising Law (FAL) or Unfair Competition Law (UCL) in limited circumstances — such as when a court finds a violation was committed willfully and with intent to defraud.
📢
False Advertising
(5)Can I sue a company for deceptive advertising in California?
Yes, you can sue a company for deceptive advertising in California under the False Advertising Law (FAL) and the Unfair Competition Law (UCL). Consumers may recover actual damages or $1,000 per violation, whichever is greater.
What constitutes false advertising under California law?
False advertising in California includes any untrue, deceptive, or misleading statement in promoting a product or service, whether made orally, in writing, or online.
Can I sue for unfair practices even if I didn't lose money?
Yes, in California you can sue for unfair business practices even without proving monetary loss, because the law protects the general public and allows lawsuits based on likelihood of harm or deception.
Can I file a class action for unfair business practices in California?
Yes, you can file a class action for unfair business practices in California under the Unfair Competition Law (UCL) and the Consumers Legal Remedies Act (CLRA), provided you meet statutory requirements for standing, commonality, and typicality.
What can I do if a company won't give me a refund for a defective product?
In California, you have the right to a refund, replacement, or repair for a defective product under the Song-Beverly Consumer Warranty Act. If the company refuses, you can file a complaint with the California Attorney General or sue in small claims court.
⚖️
CLRA Remedies
(7)What is the Unfair Competition Law and who can sue under it?
California’s Unfair Competition Law (UCL) prohibits unlawful, unfair, or fraudulent business practices. Private plaintiffs, the Attorney General, district attorneys, and city attorneys can sue — but private plaintiffs must meet standing requirements, including suffering injury in fact and losing money or property.
What remedies are available under the Consumers Legal Remedies Act?
Under the Consumers Legal Remedies Act (CLRA), consumers may obtain injunctions, restitution, actual damages, and — in cases of willful violation — civil penalties up to $2,500 per violation.
Can I get restitution under UCL without proving individual reliance?
Yes, under California's Unfair Competition Law (UCL), you can obtain restitution without proving individual reliance on a defendant’s misrepresentation.
What damages can I recover if a seller won't honor a warranty in California?
If a seller refuses to honor a warranty in California, you may recover the cost of repairs, replacement, diminution in value, incidental and consequential damages, and in some cases, civil penalties up to $10,000.
What is the statute of limitations for a CLRA claim?
The statute of limitations for a CLRA claim in California is three years from the date the violation occurred or was discovered, whichever is later.
Does the CLRA apply to real estate transactions?
No, the California Consumers Legal Remedies Act (CLRA) does not apply to real estate transactions involving the sale or lease of real property.
What unfair practices are specifically banned by the CLRA?
The California Consumers Legal Remedies Act (CLRA) bans 23 specific unfair practices, including false advertising, misrepresenting product quality or origin, and failing to disclose material facts about a transaction.
🏛️
UCL Enforcement
(4)Do I need to send a demand letter before suing under the CLRA?
Yes, you must send a demand letter at least 30 days before filing a CLRA lawsuit, unless the defendant corrects the violation within that time.
Can a business charge a fee for using a credit card in California?
No, businesses in California generally cannot charge a fee (surcharge) for using a credit card, but they may offer a discount for cash or other non-credit payment methods.
Can the Attorney General bring a UCL case on behalf of consumers?
Yes, the California Attorney General has independent authority to bring Unfair Competition Law (UCL) cases on behalf of consumers without needing to represent a specific injured party.
Are online purchases covered by California's consumer protection laws?
Yes, online purchases in California are fully covered by state consumer protection laws, including the Consumer Legal Remedies Act (CLRA) and Unfair Competition Law (UCL).