Unfair competition lawsuits against businesses have risen in recent years. With every lawsuit, the definition of what exactly is "unfair competition" expands. Common examples of business practices resulting in unfair competition lawsuits include:
Federal and state laws address unfair competition differently:
Federal Unfair Competition Laws
Under federal law, a business practice is unfair "when it offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers."
State Unfair Competition Laws
Many states' unfair competition laws are considered very "plaintiff friendly" in that just about any business action can be considered unfair competition. Consequently, many state courts have moved toward a "rule of reason" analysis. Under this framework, the motives of the alleged wrongdoer and the utility of their conduct are weighed against the gravity of the harm to the alleged victim.
If you believe you are the victim of unfair competition, you can sue the company directly, and get them to:
If you believe that someone has employed unfair business practices to your detriment, you should probably speak to an attorney. An experienced unfair competition lawyer will help explain the complex and vague nature of unfair competition laws, and inform you of your legal rights as well as preserve any possible legal remedies you may have. If your business has been accused of unfair competition, you should speak to a lawyer immediately.
Last Modified: 06-15-2015 12:03 PM PDTLaw Library Disclaimer
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