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 a business 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: 04-12-2018 05:35 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.