Legal remedies

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Legal remedies

Consumers Legal Remedies Act This title may be cited as the Consumers Legal Remedies Act.

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Any waiver by a consumer of the provisions of this title is contrary to public policy and shall be unenforceable and void. The provisions of this title are not exclusive. The remedies provided herein for violation of any section of this title or for conduct proscribed by any section of this title shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law.

Nothing in this title shall limit any Legal remedies statutory or any common law rights of the Attorney General or any other person to bring class actions. Class actions by consumers brought under the specific provisions of Chapter 3 commencing with Section of this title shall be governed exclusively by the provisions of Chapter 4 commencing with Section ; however, this shall not be construed so as to deprive a consumer of any statutory or common law right to bring a class action without resort to this title.

Legal remedies

If any act or practice proscribed under this title also constitutes a cause of action in common law or a violation of another statute, the consumer may assert such common law or statutory cause of action under the procedures and with the remedies provided for in such law.

If any provision of this title or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the title Legal remedies the application of such provision to other persons or circumstances shall not be affected thereby.

The provisions of this title shall not apply to any transaction which provides for the construction, sale, or construction and sale of an entire residence or all or part of a structure designed for commercial or industrial occupancy, with or without a parcel of real property or an interest therein, or for the sale of a lot or parcel of real property, including any site preparation incidental to such sale.

Nothing in this title shall apply to the owners or employees of any advertising medium, including, but not limited to, newspapers, magazines, broadcast stations, billboards and transit ads, by whom any advertisement in violation of this title is published or disseminated, unless it is established that such owners or employees had knowledge of the deceptive methods, acts or practices declared to be unlawful by Section The substantive and procedural provisions of this title shall only apply to actions filed on or after January 1, This title shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against unfair and deceptive business practices and to provide efficient and economical procedures to secure such protection.

Legal remedies

As used in this title: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness.

A consumer response to an advertisement is not a home solicitation. This subdivision shall not apply to in-store advertising by businesses which are open only to members or cooperative organizations organized pursuant to Division 3 commencing with Section of Title 1 of the Corporations Code where more than 50 percent of purchases are made at the specific price set forth in the advertisement.

B This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient.

A third party shall not be liable under this subdivision unless 1 there was an agency relationship between the party who engaged in home solicitation and the third party or 2 the third party had actual knowledge of, or participated in, the unfair or deceptive transaction.

A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision. For purposes of this subdivision, "mortgage broker or lender" includes a finance lender licensed pursuant to the California Finance Lenders Law Division 9 commencing with Section of the Financial Codea residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act Division 20 commencing with Section of the Financial Codeor a real estate broker licensed under the Real Estate Law Division 4 commencing with Section of the Business and Professions Code.

However, a home improvement contractor may refer a consumer to a mortgage lender or broker if that referral does not violate Section of the Business and Professions Code or any other provision of law.

Consumers Legal Remedies Act

A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section of the Business and Professions Code or any other provision of law.

Nothing in this paragraph shall have any effect on the application of Chapter 1 commencing with Section of Title 2 to a home improvement transaction or the financing thereof. Judgment in a class action by senior citizens or disabled persons under Section may award each class member such an additional award where the trier of fact has made the foregoing findings.

If within any such county there is a municipal or justice court, having jurisdiction of the subject matter, established in the city and county or judicial district in which the person against whom the action is brought resides, has his or her principal place of business, or is doing business, or in which the transaction or any substantial portion thereof occurred, then such court is the proper court for the trial of such action.

Otherwise, any municipal or justice court in such county having jurisdiction of the subject matter is the proper court for the trial thereof. In any action subject to the provisions of this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating facts showing that the action has been commenced in a county or judicial district described in this section as a proper place for the trial of the action.

If a plaintiff fails to file the affidavit required by this section, the court shall, upon its own motion or upon motion of any party, dismiss any such action without prejudice.

What Is the Fair Credit Reporting Act?

Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith. A motion based upon Section c of the Code of Civil Procedure shall not be granted in any action commenced as a class action pursuant to subdivision a.Definition of legal remedy: The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual.

The laws of remedies will . Two legal remedies -- compensatory and consequential damages -- are monetary compensation to place the aggrieved party in the same position he would have been in if the contract had been performed.

remedies: an overviewA remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Taking legal action in the small claims court Taking legal action is an option when a workplace issue can’t be resolved voluntarily.

Before considering legal action, visit our Help resolving workplace issues page for a step-by-step guide to resolving workplace issues.. On this page find.

A legal remedy, also judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or .

Under the Fair Credit Reporting Act (FCRA), you have a right to the fair and accurate reporting of your credit information. You are also entitled to certain privacy rights concerning your credit information and protection from the misuse of your credit information.

What Remedies Are Available to Me at the HRTO? | Human Rights Legal Support Centre